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 |
Darling Downs Broadcasting Society Inc. | 3070 | TOOWOOMBA RA2 | QLD |
Radio KLFM Inc. | 1150008 | BENDIGO RA3 | VIC |
Community Radio of Wondai Association Inc. | 1150097 | WONDAI RA1 | QLD |
Clarence Valley Christian Broadcasters Inc. | 1150059 | GRAFTON RA2 | NSW |
Dalby Broadcasting Association Inc. | 1150099 | DALBY RA1 | QLD |
Queanbeyan Community Radio Inc. | 1150158 | QUEANBEYAN RA1 | NSW |
Bega Access Radio Inc. | 1150188 | BEGA RA2 | 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 to regulate broadcasting services in Australia, aiming to address issues related to the provision of broadcasting services, ensuring compliance with the law, and maintaining standards of trust and candour. The Act is administered by the Australian Communications and Media Authority (ACMA), which is tasked with assessing applications for the renewal of broadcasting service licences. The policy objective of the Act includes maintaining a broadcasting environment that reflects Australia’s cultural identity, values, and diversity, while ensuring that broadcasters operate within legal and regulatory frameworks that protect the interests of the public. ACMA is required to renew broadcasting service licences unless it determines that the applicant is no longer a suitable licensee, based on criteria such as the company's business record, compliance history, and the suitability of individuals controlling or managing the company.
Scope and Application
The Broadcasting Services Act 1992 (BSA) governs the application and renewal of broadcasting service licences in Australia, with the Australian Communications and Media Authority (ACMA) administering the licensing process. The Act applies to entities seeking to provide broadcasting services, including both commercial and community broadcasters, and encompasses a wide array of conduct and transactions related to broadcasting activities. The geographic reach of the Act is national, affecting broadcasters across all states and territories of Australia. ACMA's role in the renewal of broadcasting service licences is to assess the suitability of the applicant, ensuring that the renewal does not pose a significant risk of breaching the Act or its regulations. This includes evaluating the applicant's business and compliance record, as well as the personal records of key individuals involved with the applicant entity. The Act provides flexibility through sub-section 83(2) and sub-section 91(2A), which allows ACMA to refuse renewal if certain criteria are not met, without necessarily requiring a formal investigation or hearing for community broadcasting licences. Subordinate instruments may further extend or clarify the application of the Act, though specific details are not provided in the excerpt.
Key Provisions
The Broadcasting Services Act 1992 (the Act) provides the legal framework for broadcasting services in Australia. Section 90(2) mandates that the Australian Communications and Media Authority (ACMA) must renew broadcasting service licences unless it determines that an applicant is unsuitable. The listed companies have submitted applications for the renewal of their community radio licences, including those for Toowoomba, Bendigo, Wondai, Grafton, Dalby, Queanbeyan, and Bega.
Under Section 83(2) of the Act, ACMA is authorised to deem a company unsuitable if it is convinced that allowing the company to provide or continue to provide broadcasting services would significantly risk committing an offence against the Act or the regulations, or breaching the licence conditions. ACMA must consider several factors when making this decision, including the company's business record, its record in situations requiring trust and candour, and the records of individuals who would control the licence or hold key positions within the company. Additionally, any convictions of the company or relevant individuals under the Act or the regulations are considered.
Section 91(2A) of the Act further empowers ACMA to refuse to renew a community broadcasting licence if it believes, considering specific factors outlined in Section 84(2), that it would not allocate the licence to the applicant in the first instance. Importantly, Section 91(3) clarifies that ACMA is not required to conduct an investigation or a hearing into the renewal of a community broadcasting licence. This streamlined process aims to efficiently manage the renewal of community radio licences while ensuring that broadcasters meet the necessary standards.