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 |
Cairns Community Broadcasters Inc. | 1883 | CAIRNS RA2 | QLD |
Warwick Community FM Radio Association Inc. | 1150093 | WARWICK RA2 | QLD |
Toowoomba Christian Broadcasters Association Inc. | 1150095 | TOOWOOMBA RA2 | QLD |
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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 was enacted by the Parliament of Australia to regulate broadcasting services, including both commercial and community broadcasters. The Act was introduced to address the need for a comprehensive regulatory framework to govern the broadcasting sector, ensuring compliance with national standards, and to protect the public interest in broadcasting content. This legislation established the Australian Communications and Media Authority (ACMA) as the regulator responsible for licensing and monitoring broadcasters to ensure adherence to the legislative requirements. The policy objective of the Act is to facilitate the provision of diverse and high-quality broadcasting services while maintaining public trust and confidence in the broadcasting industry. ACMA is mandated to renew broadcasting service licenses unless it determines that the applicant is no longer a suitable licensee, based on factors such as business and ethical records, and potential risks of non-compliance.
Scope and Application
The Broadcasting Services Act 1992 applies to entities that provide broadcasting services in Australia, including both commercial and community broadcasters. The Act regulates the issuance and renewal of broadcasting licences and outlines the criteria for determining whether a licensee is suitable to continue providing broadcasting services. This suitability assessment considers the entity's business record, trustworthiness, and any history of compliance with broadcasting laws. The Australian Communications and Media Authority (ACMA) is responsible for overseeing the licensing process and deciding whether to renew a broadcasting licence based on the entity's record and adherence to the Act's provisions. ACMA must consider various factors such as past compliance and any convictions under the Act when making its decision. Notably, the Act does not mandate ACMA to conduct an investigation or hearing for community broadcasting licence renewals, streamlining the renewal process for these entities.
Key Provisions
The Broadcasting Services Act 1992 (the Act) specifies that the Australian Communications and Media Authority (ACMA) must renew broadcasting service licenses unless it determines that the applicant is no longer a suitable licensee. Under section 90(2), ACMA notifies the public of applications for renewal of licenses for community radio broadcasters. This process involves a review to ensure that the broadcasters meet the suitability criteria outlined in section 83(2) of the Act. For a company to be deemed a suitable licensee, ACMA must not find that the company poses a significant risk of committing an offence against the Act or the regulations, or breaching the conditions of the licence. This determination is based on the company's business record, its track record in situations requiring trust and candour, and the business records and personal histories of the individuals who control or are associated with the company.
The obligations imposed on the entities governed by this Act include ensuring compliance with all terms and conditions of the broadcasting licence. Community radio broadcasters must maintain a good business record and demonstrate integrity and reliability in their operations. ACMA is tasked with evaluating the suitability of the applicants based on the outlined criteria, including the business and personal records of key individuals involved in the company. This ensures that only entities that can be trusted to adhere to the broadcasting regulations and standards are granted continued operation.
Failure to meet the suitability criteria can result in the refusal of a licence renewal by ACMA. Additionally, under section 91(2A) of the Act, ACMA may refuse to renew a community broadcasting licence if it considers that it would not allocate the licence in the first place. This refusal can be based on various factors outlined in section 84(2)(a) to (f), such as the broadcaster's ability to meet the community's needs or the quality of their broadcasting. While the Act does not mandate an investigation or hearing for community licence renewals under section 91(3), ACMA retains the discretion to assess each application thoroughly to ensure compliance with the outlined suitability requirements.