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 |
NAG Radio Broadcasting Association Inc. | 1150049 | YEPPOON RA1 | QLD |
Dusty Radio Inc. | 1150823 | COOBER PEDY RA1 | SA |
Central Australian Aboriginal Media Association (Aboriginal Corporation) | 10181 | CENTRAL ZONE RA2 | NT |
Peel Valley Christian Broadcasters Inc. | 1150048 | TAMWORTH RA2 | NSW |
Deepwater & Districts Community FM Radio Inc. | 1150087 | DEEPWATER RA1 | NSW |
Gippsland Christian Broadcasters Inc. | 1150777 | LATROBE VALLEY RA2 | VIC |
Lithgow Community Broadcasters Inc. | 10282 | LITHGOW RA2 | NSW |
Montreal Community Theatre Inc. | 1150803 | TUMUT RA1 | NSW |
Western Radio Broadcasters Inc. | 1943 | MELBOURNE WEST RA1 | VIC |
Gosford Christian Broadcasters Limited | 1150186 | GOSFORD RA1 | NSW |
Launceston Community FM Group Inc. | 3985 | LAUNCESTON RA2 | TAS |
Talbragar Broadcasters Incorporated | 1170568 | DUNEDOO 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 address the need for regulation in the broadcasting sector, ensuring that services meet certain standards and do not pose a risk to public interest. This Act provides a framework for the licensing of broadcasting services, and it empowers the Australian Communications and Media Authority (ACMA) to manage these services. The policy objective of the Act is to facilitate the provision of broadcasting services while maintaining standards that protect the public from harmful content and ensuring compliance with legal obligations. ACMA is responsible for assessing applications for the renewal of broadcasting service licences, ensuring that applicants remain suitable to hold such licences. The Act mandates that ACMA may not renew a licence if it is deemed that the applicant poses a significant risk of breaching the Act or the conditions of the licence, or if it would not allocate the licence under initial licensing criteria. This process helps uphold the integrity and quality of broadcasting services in Australia.
Scope and Application
The Broadcasting Services Act 1992 applies to entities seeking to provide or continue to provide broadcasting services within Australia, encompassing both commercial and community broadcasters. The Act mandates the Australian Communications and Media Authority (ACMA) to renew broadcasting service licences unless it determines that the applicant is no longer a suitable licensee, which is assessed based on the entity's business record, its history of trustworthiness, and any relevant convictions under the Act. The Act stipulates that ACMA must consider whether the continuation of the service would pose a significant risk of an offence or breach of licence conditions. For community broadcasting licences, ACMA may also refuse renewal if it would not have initially allocated the licence, without requiring an investigation or hearing. The Act's jurisdiction covers all entities within Australia that fall under its purview, including the listed community radio licensees in various states and territories. The Act does not specify any exclusions or exemptions other than those stipulated in the sections regarding suitability and risk assessments. The application of the Act can be extended or clarified through subordinate instruments, but no such instruments are mentioned in this context.
Key Provisions
The main provisions of the Broadcasting Services Act 1992 (the Act) relevant to the renewal of broadcasting service licences include sections 83(2), 83(3), 90(2), and 91(2A). Section 90(2) mandates that the Australian Communications and Media Authority (ACMA) must renew a broadcasting service licence unless it determines that the applicant is no longer a suitable licensee. Section 83(2) outlines the criteria ACMA uses to assess the suitability of a licensee, focusing on the likelihood of committing an offence against the Act or breaching licence conditions. Section 83(3) details the specific factors ACMA must consider in this assessment, such as the business and personal records of the company’s key personnel and any relevant convictions. Section 91(2A) further stipulates that ACMA may refuse to renew a community broadcasting licence if it considers that the licence should not have been allocated initially.
The Act imposes several obligations on ACMA and the licensees. ACMA must review the applications for licence renewal and assess whether the applicants meet the suitability criteria outlined in sections 83(2) and 83(3). This involves examining the business and personal records of the company's key personnel and any history of convictions. ACMA must also consider whether the company or its key personnel have a history of trust and candour in situations requiring these qualities. If ACMA decides that an applicant is not a suitable licensee, it must provide reasons for its decision. The licensees, on the other hand, must ensure that their applications for licence renewal are complete and accurate, providing all necessary information for ACMA to conduct its assessment.
Breaches of the Act can result in civil and criminal penalties. While the specific penalties are not detailed in the provided text, under Australian law, breaches of broadcasting regulations can lead to fines, cancellation of broadcasting licences, and in severe cases, criminal charges. The maximum penalties can vary significantly depending on the nature and severity of the offence. For instance, offences related to broadcasting content that is obscene, indecent, or offensive can result in fines of up to AUD 110,000 for individuals and AUD 550,000 for corporations. Similarly, breaches involving the unauthorized interception of communications can incur fines of up to AUD 220,000 for individuals and AUD 1,100,000 for corporations. The exact penalties would be determined based on the specific provisions of the Act and the circumstances of the offence.