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 |
Southern Midlands Community Radio Station Inc | 1150834 | OATLANDS RA1 | TAS |
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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 establish a framework for the regulation of broadcasting services in Australia. This legislation was introduced to address the need for a comprehensive regulatory environment that could effectively manage both commercial and community broadcasting services while ensuring compliance with overarching broadcasting standards. The Act is overseen by the Australian Communications and Media Authority (ACMA), which is tasked with the enforcement and administration of the Act's provisions. One of the policy objectives of the Act is to ensure that broadcasters operate in a manner that is consistent with the public interest, including maintaining high standards of content and preventing breaches of the Act's conditions. The Act provides the ACMA with the authority to renew broadcasting service licenses, ensuring that only suitable licensees continue to operate within the broadcasting sector.
Scope and Application
The Broadcasting Services Act 1992 applies to entities seeking to provide broadcasting services, including commercial and community broadcasters, across Australia. Specifically, the Act governs the renewal of broadcasting service licences under section 90(2), overseen by the Australian Communications and Media Authority (ACMA). The Act ensures that only suitable licensees are permitted to operate broadcasting services, assessing applications based on the business and ethical records of the entities and individuals involved. The ACMA can refuse to renew a licence if it determines that there is a significant risk of an offence or breach of licence conditions occurring. For community broadcasting licences, additional criteria are considered under sub-section 91(2A). Notably, the Act does not mandate an investigation or hearing for community licence renewals under sub-section 91(3).
Key Provisions
The main operative sections of the notice, provided in accordance with section 90(2) of the Broadcasting Services Act 1992, detail that the Australian Communications and Media Authority (ACMA) has received applications for the renewal of broadcasting service licences from specified companies. For instance, Southern Midlands Community Radio Station Inc has applied for a licence renewal in the OATLARDS RA1 area of Tasmania. The Act mandates that these licences be renewed unless the ACMA determines that the applicant is no longer a suitable licensee. According to subsection 83(2) of the Act, a company is deemed suitable if the ACMA does not conclude that the company poses a significant risk of committing an offence against the Act, breaching the regulations, or violating the licence conditions. In making this determination, the ACMA must consider the business record of the company, its track record in situations requiring trust and candour, and the records of individuals who control the company or its operations.
The Act imposes several obligations on the parties involved. For example, the ACMA must decide whether to renew the broadcasting service licences based on whether the applicants are suitable licensees. To do so, the ACMA must consider the business and ethical records of the applicants and any relevant convictions. Moreover, the ACMA is required to take into account specific factors, such as the business records of the individuals controlling the company or its operations and their records in situations requiring trust and candour. These provisions ensure that the ACMA makes informed decisions about the suitability of the applicants for licence renewal.
The Broadcasting Services Act 1992 also establishes consequences for non-compliance. While the Act does not specify criminal penalties for breaches, it allows the ACMA to refuse to renew a community broadcasting licence if certain conditions are met. For instance, under subsection 91(2A) of the Act, the ACMA may refuse to renew a community broadcasting licence if it deems that it would not allocate such a licence to the applicant based on specified criteria. Additionally, the ACMA is not required to hold an investigation or a hearing into whether a community licence should be renewed, as stated in subsection 91(3) of the Act. These provisions highlight the importance of the ACMA's decision-making process in maintaining the integrity of the broadcasting services in Australia.