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 |
Northside Broadcasting Cooperative Ltd | 3052 | CHATSWOOD RA1 | NSW |
Ballarat Community FM Radio Cooperative Ltd | 1150001 | BALLARAT RA2 | VIC |
Radio Port Phillip Association Inc. | 1969 | MORNINGTON RA1 | VIC |
Mountain District Radio Inc. | 5561 | MOUNTAIN DISTRICTS RA1 | VIC |
Golden Days Radio for Senior Citizens Inc. | 1150687 | WAVERLEY VIC RA1 | VIC |
|
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 by the Parliament of Australia to regulate the broadcasting services within the country. This Act was introduced to address the need for a comprehensive framework that governs the operation of commercial and community broadcasting services, ensuring compliance with standards, and addressing issues related to content, licensing, and the protection of the public interest. The Australian Communications and Media Authority (ACMA) is the body responsible for administering this Act, with a policy objective to ensure that broadcasters operate in a manner that is consistent with the public interest, and to provide a framework for the renewal and revocation of broadcasting service licences. Under this Act, the ACMA notifies the public of applications for the renewal of broadcasting service licences, such as those for community radio, and assesses whether the applicants remain suitable to hold such licences based on their business records, integrity, and compliance history.
Scope and Application
The Broadcasting Services Act 1992 applies to entities such as companies that hold broadcasting service licences within Australia. The Act primarily governs both commercial and community broadcasters and their operations, with specific provisions for licence renewals outlined in sections 83, 90, and 91. The ACMA is responsible for overseeing the suitability of these entities to hold and continue operating under such licences. The geographic reach of the Act is national, applying across all states and territories in Australia. The Act does not explicitly state exclusions, exemptions, or thresholds for its application, though it does provide criteria for assessing whether a licensee remains suitable for their licence. Subordinate instruments may further extend or restrict the application of the Act, but no such instruments are referenced in the provided excerpt. The ACMA has the discretion to refuse renewal of a licence if it deems the applicant unsuitable, considering factors such as business and personal records, past convictions, and community service records.
Key Provisions
Under section 90(2) of the Broadcasting Services Act 1992, the Australian Communications and Media Authority (ACMA) notifies that several community radio licensees have applied for the renewal of their broadcasting service licences. These companies, including Northside Broadcasting Cooperative Ltd, Ballarat Community FM Radio Cooperative Ltd, Radio Port Phillip Association Inc., Mountain District Radio Inc., and Golden Days Radio for Senior Citizens Inc., have submitted their applications to ACMA for review. The ACMA is mandated to renew these licences unless it determines that an applicant is no longer a suitable licensee, as outlined in section 83(2) of the Act.
The suitability of a licensee is determined based on various criteria. The ACMA must consider the business record of the company, as well as its record in situations requiring trust and candour. For commercial broadcasters, the business records and trustworthiness of individuals in control of the licence are also examined. Additionally, any previous convictions of the company or relevant individuals against the Act or regulations are taken into account. For community broadcasting services, the records of the chief executive, directors, and secretary of the applicant are also reviewed. The ACMA is also required to consider whether it would allocate the licence to the licensee if it were making an initial allocation decision, under section 91(2A) of the Act.
Failure to meet the criteria for a suitable licensee may result in the ACMA refusing to renew the broadcasting service licence. The Act provides that the ACMA is not required to hold an investigation or a hearing before making a decision on the renewal of a community broadcasting licence, as stipulated in section 91(3). This provision allows for a more streamlined process in assessing the renewal applications.
There are no specific offences or penalties mentioned in the Act regarding the refusal to renew a broadcasting service licence. However, the implications of a refusal can be significant for the companies involved, as it may prevent them from continuing to provide their broadcasting services. The ACMA's decision to refuse a licence renewal can have substantial consequences for the applicants and the communities they serve.