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 |
Muslim Community Radio Inc. | 1150110 | SYDNEY RA1 | NSW |
Whitehorse-Boroondara FM Community Radio Inc. | 1150688 | CAMBERWELL RA1 | VIC |
Vision Australia Limited | 10092 | MILDURA RA2 | VIC |
3NRG Inc. | 1150689 | SUNBURY 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 was enacted to regulate broadcasting services in Australia, addressing the need for a framework governing the provision of both commercial and community broadcasting services. This Act was developed and passed by the Parliament of Australia to establish standards and conditions under which broadcasting services can operate, ensuring compliance with national interests and public service obligations. The policy objective of the Act is to maintain high standards of broadcasting content while fostering a diverse and competitive broadcasting industry. The Australian Communications and Media Authority (ACMA) plays a critical role in administering the Act, including the assessment and renewal of broadcasting service licenses as outlined in the recent Gazette notice, ensuring that only suitable licensees continue to provide these services.
Scope and Application
The Broadcasting Services Act 1992 applies to entities that hold broadcasting service licences within Australia, specifically targeting both commercial and community broadcasters. The Act outlines the criteria and process for the renewal of these licences, which is overseen by the Australian Communications and Media Authority (ACMA). This regulatory framework is designed to ensure that broadcasters remain compliant with the Act and its regulations, while also maintaining a high standard of service delivery. The Act provides the ACMA with the authority to assess whether a licensee is still suitable, considering various factors such as the entity's business and ethical records, and whether there has been any conviction of offences related to the Act. The Act's jurisdictional reach is national, applying across all states and territories in Australia. However, the Act does not mandate the ACMA to conduct an investigation or hold a hearing for the renewal of community broadcasting licences, allowing for a more streamlined process in certain cases.
Key Provisions
The primary operative sections of this notice relate to the application process for the renewal of broadcasting service licences under Section 90(2) of the Broadcasting Services Act 1992. Section 90(2) mandates that the Australian Communications and Media Authority (ACMA) must renew the licences of the specified companies unless it determines that they are no longer suitable licensees. For a company to be deemed a suitable licensee, the ACMA must not find that the conditions outlined in Section 83(2) apply. These conditions relate to the risk of committing an offence against the Act, breaching licence conditions, or other factors such as the company's business record, trustworthiness, and past convictions.
The Act imposes several obligations and requirements on the ACMA and the companies applying for licence renewals. The ACMA must assess whether the applicants remain suitable based on various criteria, including the company's business record, their record in situations requiring trust and candour, and any relevant convictions. For commercial broadcasters, the assessment also includes the business records of individuals who control the licence. Conversely, for community broadcasters, the assessment focuses on the business records and trustworthiness of the chief executive and each director and secretary of the applicant. Furthermore, under Section 91(2A), the ACMA may refuse to renew a community broadcasting licence if it would not have allocated the licence in the first place, considering factors such as the company's ability to meet the needs of the community.
Should the ACMA decide that an applicant is no longer suitable, it can refuse to renew the licence. Such refusals can lead to significant consequences for the companies involved. Although the Act does not require an investigation or hearing for community licence renewals, the potential refusal of a licence renewal can still have serious implications. For instance, the companies affected may lose their ability to broadcast, which could lead to financial and operational difficulties. Additionally, refusal to renew a licence can affect the company's reputation and its ability to serve its intended audience. The Act does not specify maximum penalties for refusals but implies that the consequences can be severe for the companies involved.