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 |
Djarindjin Aboriginal Corporation | 10021 | DJARINDJIN RA1 | WA |
Looma Community Inc. | 10025 | LOOMA RA1 | WA |
Looma Community Inc. | 3366 | LOOMA TV1 | WA |
Barkly Shire Council | 10110 | ALI CURUNG RA1 | NT |
Barkly Shire Council | 3319 | ALI CURUNG TV1 | NT |
Katherine Community Radio Inc. | 10171 | KATHERINE RA1 | NT |
Central Desert Shire Council | 10121 | LAJAMANU RA1 | NT |
Central Desert Shire Council | 3312 | LAJAMANU TV1 | NT |
Central Desert Shire Council | 10133 | PMARA JUTUNTA RA1 | NT |
Central Desert Shire Council | 4895 | PMARA JUTUNTA TV1 | NT |
Central Desert Shire Council | 10142 | YUELAMU RA1 | NT |
Central Desert Shire Council | 4899 | YUELAMU TV1 | NT |
Warlpiri Media Association Inc. | 10143 | YUENDUMU RA1 | NT |
Warlpiri Media Association Inc. | 1993 | YUENDUMU TV1 | NT |
Northern Peninsula Area Regional Council | 10184 | BAMAGA RA1 | NT |
Wangaratta Community Radio Association Inc. | 10382 | WANGARATTA RA2 | VIC |
SWRFM Community Media Association Inc. | 1150152 | BLACKTOWN RA1 | NSW |
Horsham & District Community FM Radio Inc. | 1150779 | HORSHAM RA2 | VIC |
West Gippsland Community Radio Inc. | 1150775 | WARRAGUL RA2 | VIC |
Dubbo Christian Broadcasters Inc. | 10052 | DUBBO RA2 | NSW |
Bellinger Community Communications Co-operative Ltd | 3041 | BELLINGEN RA1 | NSW |
Radio Logan Inc. | 1945 | LOGAN RA1 | QLD |
Great Lakes Area FM Community Radio Association Incorporated | 1583 | FORSTER RA1 | NSW |
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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 establish a regulatory framework governing broadcasting services in the country. This Act aims to ensure the efficient and effective operation of the broadcasting services, including commercial and community broadcasting, by providing a legislative foundation for the licensing and regulation of such services. The Act also seeks to balance the interests of broadcasters, the public, and the government. The Australian Communications and Media Authority (ACMA) is responsible for administering the Act and ensuring compliance with its provisions. As part of its role, ACMA facilitates the renewal of broadcasting service licences under section 90(2) of the Act, provided the applicants meet the suitability criteria and any other relevant conditions outlined in the legislation. The policy objective of the Act is to promote diversity and plurality in the broadcasting sector while maintaining high standards of content and service.
Scope and Application
The Broadcasting Services Act 1992 applies to both commercial and community broadcasting services within Australia. It governs the licensing of broadcasting services, including the renewal of these licenses, and is administered by the Australian Communications and Media Authority (ACMA). The Act applies to entities such as companies, community groups, and other organisations that seek to provide broadcasting services. The scope of the Act extends to both national and community broadcasting services, with specific criteria for determining the suitability of applicants for licence renewal. The Act does not mandate an investigation or hearing for the renewal of community broadcasting licenses, although ACMA retains the discretion to refuse renewal if certain conditions are met, such as the risk of breaches or convictions related to the Act. The Act's application can be extended through subordinate instruments, which may provide further detail on the criteria and processes involved in the licensing and renewal of broadcasting services.
Key Provisions
Section 90(2) of the Broadcasting Services Act 1992 mandates that the Australian Communications and Media Authority (ACMA) must notify the public when an application for the renewal of a broadcasting service licence is lodged. The companies listed in the notice have applied for the renewal of their community radio and television broadcasting licences. ACMA is obligated to renew these licences unless it determines that the applicant is no longer a suitable licensee. A company is deemed suitable if ACMA does not decide that sub-section 83(2) of the Act applies to the company, which would make it unsuitable to provide or continue providing either a commercial or a community broadcasting service.
The obligations imposed by the Act on ACMA include assessing the suitability of the applicant companies based on several criteria. This involves evaluating the business record of the company, its record in situations requiring trust and candour, and the records of individuals who control the company or are directors or secretaries. ACMA must also consider whether the company or these individuals have been convicted of an offence against the Act or the regulations. If ACMA determines that the company poses a significant risk of committing an offence or breaching the licence conditions, it may refuse to renew the licence. Additionally, ACMA may refuse to renew a community broadcasting licence if it considers that it would not allocate the licence to the applicant based on certain specified matters.
The Act does not require ACMA to conduct an investigation or hold a hearing when deciding whether to renew a community broadcasting licence. This means that ACMA can make its decision based on the available information without necessarily holding formal proceedings. Failure to comply with the obligations and requirements of the Act, or the making of a decision that is subsequently found to be in breach of the Act, could lead to civil or criminal consequences. However, the specific penalties for such breaches are not detailed in the notice.