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 |
Coastal FM Inc. | 3150 | WYNYARD RA1 | TAS |
|
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 was enacted by the Australian Parliament to regulate broadcasting services in Australia, addressing the need for a comprehensive framework governing the provision of both commercial and community broadcasting services. This Act establishes the Australian Communications and Media Authority (ACMA) as the regulatory body responsible for the licensing and oversight of these services. The policy objective of the Act is to ensure that broadcasting services are provided in a manner that is consistent with the public interest, including the promotion of diversity and independence in the media. The Act aims to maintain standards of quality and integrity in broadcasting services while also protecting the rights of broadcasters and the public.
The Act facilitates the renewal of broadcasting service licenses under certain conditions, as demonstrated in the case of Coastal FM Inc. applying for the renewal of its community radio license in Wynyard, Tasmania. The ACMA is tasked with assessing the suitability of licensees based on their business and ethical records, and whether there is a significant risk of legal violations or breaches of licence conditions if the service were to continue. This process ensures that only those who can responsibly manage a broadcasting service are granted the privilege, thereby upholding the integrity of the broadcasting sector.
Scope and Application
The Broadcasting Services Act 1992 applies to entities that provide commercial or community broadcasting services in Australia, requiring them to obtain a licence from the Australian Communications and Media Authority (ACMA). The Act applies to both companies and individuals who wish to operate a broadcasting service within the scope of the legislation, encompassing various types of radio and television services. The geographic reach of the Act is national, as it governs broadcasting services throughout the Commonwealth of Australia. The Act also delineates exclusions and exemptions, particularly for community broadcasting services, which are subject to different conditions and assessment criteria compared to commercial broadcasting services. Subordinate instruments and regulations may extend or further define the application of the Act, particularly in relation to the specific criteria and procedures for licence renewal and suitability assessments. The Act mandates that the ACMA must consider the business and ethical records of applicants, alongside other factors, to determine whether a broadcasting service licence should be renewed or refused.
Key Provisions
The Broadcasting Services Act 1992, specifically under section 90(2), mandates that the Australian Communications and Media Authority (ACMA) must renew broadcasting service licences unless it finds that an applicant is no longer a suitable licensee. This suitability is determined by the ACMA's assessment under sub-section 83(2) of the Act, which focuses on whether allowing the licensee to continue providing a broadcasting service would lead to a significant risk of committing an offence against the Act, breaching licence conditions, or other related concerns. The ACMA must consider various factors, such as the company's business record, its record in situations requiring trust and candour, and the records of individuals who would control or manage the licence if granted.
The obligations imposed on the ACMA include evaluating the applications for renewal against the criteria set out in the Act. This involves a thorough assessment of the company’s past conduct, compliance history, and the integrity of individuals associated with the company. The ACMA must ensure that the company or individuals have not been involved in activities that would make them unsuitable for continuing to hold a broadcasting licence. This comprehensive review is critical to maintaining the standards and integrity of the broadcasting services provided under the Act.
Breaching the provisions of the Broadcasting Services Act 1992 can result in serious consequences. Offences against the Act or regulations can lead to penalties, and breaches of licence conditions may also attract sanctions. The Act does not specify the exact penalties for breaches, but generally, they can include fines and other enforcement actions. Furthermore, if the ACMA decides that a company is no longer a suitable licensee and refuses to renew the licence, this decision can be challenged by the company, potentially leading to legal proceedings to contest the ACMA's decision. Such legal challenges highlight the importance of the ACMA’s thorough and fair assessment process.