AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY
NOTICE OF APPLICATION FOR RENEWAL OF LICENCE UNDER SECTION
46(2) OF THE BROADCASTING SERVICES ACT 1992
In accordance with sub-section 46(2) of the Broadcasting Services Act 1992 (the Act), the Australian Communications and Media Authority (ACMA) hereby notifies that the companies listed below have lodged applications for the renewal of the following broadcasting service licences:
Commercial Radio Licensees | SL No | Service Area | State |
Gumnut Nominees Pty Ltd | 1170227 | AUSTRALIA WIDE S40 | AUS |
Nova 100 Pty Ltd | 1150693 | MELBOURNE RA1 | VIC |
Radio 2GZ Pty Ltd | 10286 | ORANGE RA1 | NSW |
Northern Territory Broadcasters Pty Ltd | 10168 | DARWIN RA1 | NT |
Radio Ballarat Pty Ltd | 10284 | BALLARAT RA1 | VIC |
Bathurst Broadcasters Pty Ltd | 10276 | BATHURST RA1 | NSW |
Midwest Radio Network Pty Ltd | 10279 | LITHGOW RA1 | NSW |
Radio West Coast Pty Ltd Pty Ltd | 10311 | QUEENSTOWN RA1 | TAS |
Esperance Broadcasters Pty Ltd | 10320 | ESPERANCE RA1 | WA |
Regional Broadcasters Australia Pty Limited | 10006 | KALGOORLIE RA1 | WA |
Mid-Districts Radio Pty Ltd | 10008 | MERREDIN RA1 | WA |
Burnie Broadcasting Service Pty Ltd | 4219 | BURNIE RA1 | TAS |
Northern Tasmania Broadcasters Pty Ltd | 4218 | DEVONPORT RA1 | TAS |
North East Tasmanian Radio Broadcasters Pty Ltd | 4223 | SCOTTSDALE RA1 | TAS |
East Coast Radio Pty Ltd | 10306 | BEGA RA1 | NSW |
West Coast Radio Pty Ltd | 10077 | MANDURAH RA1 | WA |
Radio 2RG Pty Limited | 10310 | GRIFFITH RA1 | NSW |
Western Broadcasters Pty Ltd | 10054 | DUBBO RA1 | NSW |
ACE Radio Broadcasters Pty Ltd | 4152 | HAMILTON RA1 | VIC |
Mudgee Broadcasting Company Pty Ltd | 10101 | MUDGEE RA3 | NSW |
Parkes Broadcasting Company Pty Ltd | 10056 | PARKES RA1 | NSW |
North East Broadcasters Pty Ltd | 10391 | WANGARATTA RA1 | VIC |
Commercial Television Licensees | SL No | Service Area | State |
Prime Television (Southern) Pty Ltd | 90 | SOUTHERN NEW SOUTH WALES TV1 | NSW |
Prime Television (Northern) Pty Ltd | 95 | NORTHERN NEW SOUTH WALES TV1 | NSW |
General Television Corporation Pty Ltd | 101 | MELBOURNE TV1 | VIC |
The ACMA is required to renew these licences unless it decides that an applicant is no longer a suitable licensee. A company is a suitable licensee if the ACMA does not decide that sub-section 41(2) of the Act applies to the company.
The ACMA may decide that 41(2) of the Act applies to a licensee if it is satisfied that allowing the licensee to provide or continue to provide a commercial broadcasting service under a licence would lead to a significant risk of: (a) an offence against the Act or the regulations being committed; (b) or a breach of the conditions of the licence occurring.
In deciding whether the sub-section applies, the ACMA is required by sub-section 41(3) of the Act, to take into account: (a) the business record of the company; and (b) the company's record in situations requiring trust and candour; and (c) the business record of the chief executive and each director and secretary of the applicant; and (d) the record in situations requiring trust and candour of each such person; and (e) whether the company, or a person referred to in paragraph (c) or (d), has been convicted of an offence against this Act or the regulations.
The Act does not require the ACMA to hold an investigation or a hearing into whether a commercial licence (sub-section 47(3)) should be renewed.
Overview
The Broadcasting Services Act 1992 was enacted to regulate the broadcasting services in Australia, aiming to ensure that these services operate efficiently and comply with the standards set by the Act. This legislation was introduced to address the need for a comprehensive legal framework governing broadcasting, including the allocation and renewal of broadcasting licenses. The Parliament of Australia is the enacting body for this Act, and its policy objective is to balance the need for freedom of expression with the requirement to maintain standards of decency and public interest in broadcasting services. Under the Act, the Australian Communications and Media Authority (ACMA) is responsible for managing the renewal of broadcasting service licenses, ensuring that only suitable licensees continue to operate within the broadcasting sector. The ACMA reviews the applications to ensure that the applicants meet the criteria set forth in the Act, which includes considering the business and personal records of the applicants to determine their suitability.
Scope and Application
The Broadcasting Services Act 1992 (BSA) applies to entities seeking to provide or continue to provide commercial broadcasting services in Australia. These entities include companies that hold broadcasting service licenses and are responsible for ensuring compliance with the Act and its regulations. The geographic reach of the BSA is national, applying across all states and territories of Australia, as evidenced by the applications for license renewals submitted by companies operating in various regions, from Darwin to Burnie. The BSA does not specify exclusions or exemptions for entities, but it does set out criteria for suitability, which includes a company’s business record, its record in situations requiring trust and candour, and the personal records of its executives and directors. The BSA also allows the Australian Communications and Media Authority (ACMA) to renew licenses without the necessity of an investigation or hearing, provided the entity remains suitable according to the criteria outlined in the Act. The BSA may extend its application through subordinate instruments, which provide further details on the conditions and regulations governing broadcasting services.
Key Provisions
The Broadcasting Services Act 1992 (the Act) provides a framework for the regulation of broadcasting services in Australia. Under section 46(2), the Australian Communications and Media Authority (ACMA) must renew broadcasting service licences unless it decides that the applicant is no longer a suitable licensee. The Act specifies that a company is suitable if the ACMA is not satisfied that the criteria in subsection 41(2) apply. These criteria include the company's business record, its record in situations requiring trust and candour, and the records of the chief executive, directors, and secretaries, particularly in relation to convictions under the Act or its regulations.
The obligations imposed on the parties governed by the Act include ensuring compliance with all licensing conditions and maintaining a standard of conduct that upholds the integrity of the broadcasting services. Licensees must also ensure that their services do not pose a significant risk of committing offences against the Act or its regulations, nor breaching the conditions of their licence. This involves a thorough assessment by the ACMA of the company's and its key personnel's past conduct and integrity.
Failure to comply with the Act's provisions can lead to serious consequences. If the ACMA determines that an applicant is no longer a suitable licensee, it has the authority to refuse to renew the licence. This decision can be made based on the findings of subsection 41(2), which takes into account various factors including criminal convictions and business conduct. While the Act does not mandate an investigation or hearing for every renewal application, it does empower the ACMA to conduct such processes if deemed necessary to ensure the suitability of the licensee. Non-compliance with the Act's provisions can result in severe penalties, which may include fines and other sanctions as prescribed by the Act or relevant regulations.