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 |
Central Highlands Broadcasting Inc. | 10405 | KYNETON RA1 | VIC |
Rock FM Association Inc. | 1150804 | MORANBAH RA1 | QLD |
Townsville Christian Broadcasters Association Inc. | 1150010 | TOWNSVILLE RA3 | 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 to regulate broadcasting services in Australia, aiming to ensure that broadcasters operate in a manner that is fair, balanced, and respectful of community standards. This Act was introduced to address the need for a regulatory framework that could manage the diverse range of broadcasting services, including both commercial and community broadcasters. The Australian Communications and Media Authority (ACMA) is responsible for administering the Act, including the renewal of broadcasting service licences. The policy objective of the Act is to maintain high standards of broadcasting that reflect the interests and values of the Australian community, while also fostering a competitive and diverse media landscape. ACMA’s role in reviewing licence renewal applications is crucial to ensure that broadcasters remain compliant with the Act’s requirements and maintain the trust and confidence of the public.
Scope and Application
The Broadcasting Services Act 1992 (the Act) governs the renewal of broadcasting service licences in Australia, with the Australian Communications and Media Authority (ACMA) administering the process. The Act applies to entities holding broadcasting service licences, including community and commercial broadcasters, across the nation. ACMA is mandated to renew these licences unless it determines that a licensee is unsuitable, based on criteria such as the entity's business record, trustworthiness, and compliance history. Notably, ACMA must consider the business records and integrity of key individuals associated with the company, such as directors or those in control of the licence. Additionally, for community broadcasting licences, ACMA can refuse renewal if it would not allocate such a licence under initial conditions. The Act specifies that ACMA is not required to conduct an investigation or hold a hearing for community licence renewals, streamlining the process for these entities.
Key Provisions
The Broadcasting Services Act 1992 governs the application process for the renewal of broadcasting service licences, as outlined in section 90(2). According to this provision, the Australian Communications and Media Authority (ACMA) must notify the public that certain companies have submitted applications for the renewal of their broadcasting service licences. The Act lists the specific companies and their service areas in this notice. For example, Central Highlands Broadcasting Inc. has applied for the renewal of their licence in the KYNETON RA1 area of Victoria, while Rock FM Association Inc. has done so for the MORANBAH RA1 area of Queensland.
The Act imposes certain obligations on ACMA when considering these renewal applications. Specifically, section 83(2) mandates that ACMA will not renew a licence if it determines that the applicant is no longer a suitable licensee. A company is considered suitable if ACMA decides that the conditions outlined in section 83(2) of the Act do not apply. These conditions include a significant risk of either an offence against the Act or regulations being committed, or a breach of licence conditions occurring. To make this determination, ACMA must consider several factors, including the business record and integrity of the company, as well as the records of the individuals who control the company or are directors or secretaries.
The Act also provides for potential civil and criminal consequences for non-compliance. Under section 91(2A), ACMA has the authority to refuse to renew a community broadcasting licence if it considers that the licence would not be allocated if it were deciding whether to allocate the licence to the licensee. However, the Act does not require ACMA to hold an investigation or hearing into whether a community licence should be renewed (section 91(3)). While the Act does not explicitly state penalties for non-compliance, breaches of the Act or regulations could lead to legal action, fines, or other civil or criminal consequences as determined by the courts.
It is essential for broadcasting companies to understand their obligations under the Broadcasting Services Act 1992 and to ensure that they meet all requirements for the renewal of their broadcasting service licences. Failure to comply with the Act could result in the refusal to renew a licence, as well as potential legal or financial consequences. By understanding the key provisions of the Act, broadcasting companies can better navigate the application process and maintain compliance with Australian broadcasting regulations.