NOTICE OF APPLICATION FOR RENEWAL OF LICENCE UNDER SECTION
90(2) OF THE BROADCASTING SERVICES ACT 1992
In accordance with sub-section 90(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:
Community Radio Licensees | SL No | Service Area | State |
Triple R Broadcasters Ltd | 3068 | MELBOURNE RA1 | VIC |
Tatiara Community FM Broadcasters Inc | 10373 | OLD BORDERTOWN RA1 | SA |
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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 ACMA does not decide that sub-section 83(2) of the Act applies to the company.
ACMA may decide that sub-section 83(2) of the Act applies to a licensee if it is satisfied that allowing the licensee to provide or continue to provide either a commercial or a community 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 these sub-sections apply, ACMA is required by sub-section 83(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) (commercial) the business record of each person who is, or would be, if a licence were allocated to the applicant, in a position to control the licence; or (community) 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.
Under sub-section 91(2A) of the Act, ACMA may also refuse to renew a community broadcasting licence if, having regard to matters in paragraphs 84(2)(a) to (f), it considers that it would not allocate such a licence if it were deciding whether to allocate the licence to the licensee.
The Act does not require ACMA to hold an investigation or a hearing into whether a community licence should be renewed (sub-section 91(3)).
Overview
The Broadcasting Services Act 1992 (the Act) was enacted to regulate broadcasting services in Australia, aiming to ensure the provision of a diversity of broadcasting services and to maintain standards that promote the public interest. The Australian Communications and Media Authority (ACMA) is responsible for administering the Act, with a key policy objective being to maintain high standards of broadcasting services. Under section 90(2) of the Act, ACMA is mandated to renew broadcasting service licences unless it determines that the applicant is no longer a suitable licensee. This determination hinges on whether the applicant poses a significant risk of committing an offence against the Act, breaching licence conditions, or failing in situations requiring trust and candour. ACMA must consider the applicant's business record, trustworthiness, and any relevant convictions when making this decision. Notably, ACMA is not required to hold an investigation or a hearing to decide on the renewal of a community broadcasting licence.
Scope and Application
The Broadcasting Services Act 1992 applies to broadcasting entities in Australia, both commercial and community broadcasters, by regulating their operations and licence renewals. The Australian Communications and Media Authority (ACMA) is responsible for overseeing these entities and ensuring compliance with the Act. The legislation mandates that ACMA must renew broadcasting service licences unless it determines that the applicant is no longer a suitable licensee, based on various criteria including business and trust records, and potential for breaches or offences. The Act also allows ACMA to refuse renewal of a community broadcasting licence if it deems the applicant unsuitable based on specified factors. Notably, ACMA is not required to hold an investigation or hearing specifically for community licence renewals under this Act. The geographic reach of the Act is nationwide, applying across state and territory boundaries to ensure uniform regulation of broadcasting services in Australia.
Key Provisions
The Broadcasting Services Act 1992 (the Act) outlines specific provisions for the renewal of broadcasting service licences. Under section 90(2), the Australian Communications and Media Authority (ACMA) is mandated to renew broadcasting service licences for community radio stations unless it determines that the applicant is no longer a suitable licensee. This determination is based on whether sub-section 83(2) applies, which is contingent on ACMA finding that allowing the licensee to continue providing a broadcasting service would result in a significant risk of an offence against the Act, a breach of licence conditions, or a failure in trust and candour.
The obligations imposed on ACMA under the Act include a rigorous assessment of the applicant’s suitability. This involves evaluating the business record and history of the company, its leadership’s record in situations requiring trust and candour, and any convictions against the company or its key personnel. For community broadcasters, ACMA must also consider the records of the chief executive, directors, and secretary. Additionally, ACMA must ensure that the renewal process adheres to the criteria outlined in sub-section 91(2A), which includes factors such as the community’s need for diverse broadcasting services. Notably, the Act does not require ACMA to conduct an investigation or hold a hearing as part of the renewal process, as stated in sub-section 91(3).
Failure to comply with the provisions of the Act or the regulations could result in ACMA refusing to renew a broadcasting service licence. This refusal can occur if ACMA determines that the licensee is unsuitable under sub-section 83(2). Such a decision could be based on the applicant’s history of non-compliance with broadcasting standards, legal violations, or a failure to meet the community’s needs. The implications of such a refusal are significant, as it could result in the cessation of the broadcasting service, impacting both the licensee and the community it serves.
The consequences of breaching the Act’s provisions are also outlined in the legislation. Although the specific penalties for non-compliance are not detailed in the text, they generally encompass both civil and criminal liabilities. For instance, contravening the Act’s provisions could lead to fines, imprisonment, or both, depending on the severity and nature of the breach. Such penalties serve as deterrents to ensure compliance with broadcasting standards and the protection of community interests.