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 (the 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 |
Armidale Community Radio Incorporated | 3040 | ARMIDALE RA2 | NSW |
Community Radio Albury Wodonga Cooperative Society Ltd | 10386 | ALBURY RA2 | NSW |
Hastings Community FM Radio Association Inc. | 4925 | PORT MACQUARIE RA1 | NSW |
Top End Aboriginal Bush Broadcasting Association (Aboriginal Corporation) | 10138 | WADEYE RA1 | NT |
Central Burnett Community Radio Association Inc. | 1150107 | GAYNDAH RA1 | QLD |
Cooloola Christian Radio Association Inc. | 1150117 | GYMPIE RA2 | QLD |
3RPC Incorporated | 3067 | PORTLAND RA1 | VIC |
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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 83(2) of the Act applies to the company.
The 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, the 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, the 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 the 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, enacted by the Australian Parliament, aims to regulate the broadcasting industry in Australia to ensure that broadcasting services are provided in a manner that serves the public interest. The Act provides a framework for the licensing of commercial and community broadcasting services and sets out the obligations of licensees. In 2016, the Australian Communications and Media Authority (ACMA) notified the public of applications for the renewal of certain broadcasting service licences, as required by the Act. The ACMA is mandated to renew these licences unless it determines that an applicant is no longer a suitable licensee, based on criteria such as the business record and integrity of the applicant. The policy objective of the Act is to maintain high standards of broadcasting services while ensuring the suitability of licensees.
Scope and Application
The Broadcasting Services Act 1992 governs the regulation of broadcasting services in Australia, encompassing both commercial and community broadcasters. The Act applies to entities that provide broadcasting services and specifies the conditions under which these services can operate. The Australian Communications and Media Authority (ACMA) is responsible for the administration and enforcement of the Act, including the assessment and renewal of broadcasting service licences. The geographic reach of the Act is national, covering all states and territories within Australia. However, the Act allows for some flexibility in its application through subordinate instruments which may extend or restrict its scope. Notably, the Act does not require the ACMA to hold an investigation or a hearing specifically for the renewal of a community broadcasting licence, although it must consider various factors such as the business and ethical record of the applicant to determine suitability. The Act also provides for exclusions and exemptions where necessary, ensuring that the regulatory framework remains adaptable to the evolving broadcasting landscape.
Key Provisions
The Broadcasting Services Act 1992 (the Act) outlines specific provisions regarding the renewal of broadcasting service licences. Section 90(2) of the Act mandates that the Australian Communications and Media Authority (ACMA) must notify the public of applications for licence renewals. The document in question provides such a notification for a set of community radio licensees seeking to renew their licences (section 90(2)). The ACMA must renew these licences unless it determines that the applicant is no longer a suitable licensee under section 83(2) of the Act. To qualify as a suitable licensee, the ACMA must not find that the applicant poses a significant risk of committing an offence under the Act or regulations, or breaching the licence conditions.
The Act specifies several criteria that the ACMA must consider when determining whether a licensee remains suitable. These include the business record of the company (section 83(3)(a)), the company's record in situations requiring trust and candour (section 83(3)(b)), and the business and trust records of key individuals associated with the company (section 83(3)(c) and (d)). For commercial broadcasters, this includes those in control of the licence, while for community broadcasters, it involves the chief executive, directors, and secretary. Additionally, any convictions of the company or relevant individuals under the Act or regulations must be taken into account (section 83(3)(e)).
In the case of community broadcasting licences, the ACMA has the discretion to refuse renewal under section 91(2A) if it considers that it would not allocate such a licence to the applicant based on matters outlined in section 84(2)(a) to (f). Importantly, the Act does not require the ACMA to conduct an investigation or hearing before deciding on the renewal of a community broadcasting licence (section 91(3)).
Breaches of the Act may lead to various consequences, including potential civil or criminal penalties. However, the specific penalties are not detailed within the text of this notice. The general framework for penalties under the Act could include fines, imprisonment, or other sanctions, depending on the nature and severity of the breach. It is advisable for the parties involved to refer to the full Act for precise details on penalties associated with non-compliance.