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 |
Gippsland Community Radio Society Co-operative Ltd | 3063 | LATROBE VALLEY RA1 | VIC |
Capital Community Radio Inc. | 1150795 | PERTH RA1 | WA |
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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, addressing the need for a legislative framework to manage both commercial and community broadcasting. This legislation provides the Australian Communications and Media Authority (ACMA) with the authority to issue, renew, and refuse broadcasting service licenses, ensuring compliance with broadcasting standards and the public interest. The policy objective of the Act is to facilitate the provision of diverse and high-quality broadcasting services while safeguarding the interests of the public and the industry. In this context, ACMA's role is to ensure that licensees are suitable and compliant, preventing significant risks to the integrity of the broadcasting sector.
Scope and Application
The Broadcasting Services Act 1992 applies to entities such as the Gippsland Community Radio Society Co-operative Ltd and Capital Community Radio Inc., which have lodged applications for the renewal of broadcasting service licences. These entities are subject to the jurisdiction of the Australian Communications and Media Authority (ACMA), which is tasked with deciding whether to renew their licences based on their suitability to continue operating as broadcasters. The Act outlines criteria for assessing suitability, including the entities’ business records, their history in situations requiring trust and candour, and convictions related to the Act or regulations. Additionally, ACMA has the authority to refuse renewal of a community broadcasting licence if it would not have allocated the licence in the first instance. Notably, the Act does not mandate an investigation or hearing for community licence renewals, as per sub-section 91(3). This legislative framework governs the renewal process for both commercial and community broadcasting services across the Commonwealth of Australia, ensuring that broadcasters maintain the standards and compliance necessary to serve the public interest.
Key Provisions
The Broadcasting Services Act 1992 (the Act) includes provisions for the renewal of broadcasting service licences, as outlined in section 90(2). This section mandates that the Australian Communications and Media Authority (ACMA) must renew these licences unless it decides that the applicant is no longer a suitable licensee. A company is deemed suitable if ACMA concludes that sub-section 83(2) of the Act does not apply to them. Sub-section 83(2) may be invoked if ACMA is convinced that permitting the licensee to provide or continue to provide a broadcasting service poses a significant risk of either an offence against the Act or the regulations, or a breach of licence conditions. When making this determination, ACMA must consider several factors, including the business record of the company, its history in situations requiring trust and candour, and the records of individuals who control or are associated with the company.
ACMA's obligations under the Act include thoroughly evaluating the suitability of the applicant based on the criteria specified in sub-section 83(2) and related considerations in sub-section 83(3). This involves assessing the business and personal records of the company and its key personnel. For community broadcasting services, ACMA may also refuse to renew a licence if it determines that it would not allocate the licence in the first place, based on factors listed in paragraphs 84(2)(a) to (f). Notably, the Act does not require ACMA to conduct an investigation or hold a hearing to determine whether a community broadcasting licence should be renewed, as specified in sub-section 91(3).
Breaches of the Act's provisions for licence renewals may lead to significant consequences. If ACMA decides that a licensee is unsuitable, the renewal application may be refused, potentially resulting in the cessation of the broadcasting service. Furthermore, if the unsuitability is due to an offence against the Act or regulations, or a serious breach of licence conditions, the licensee may face additional legal consequences, including fines and potential criminal charges. The maximum penalties for offences under the Act can vary but may include substantial financial penalties and imprisonment, depending on the severity of the offence.