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 |
Tamar FM Inc. | 1150789 | GEORGE TOWN RA1 | TAS |
Umeewarra Aboriginal Media Association Incorporated | 1130059 | PORT AUGUSTA RA1 | SA |
Progressive Music Broadcasting Association Inc. | 3076 | ADELAIDE RA1 | SA |
Port Stephens FM Radio Inc. | 1150042 | PORT STEPHENS RA1 | NSW |
Western Sports Media Inc. | 1150794 | FREMANTLE RA1 | WA |
Lightning Ridge Community Radio Inc. | 10414 | LIGHTNING RIDGE 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, enacted by the Parliament of Australia, was established to regulate broadcasting services, ensuring compliance with national standards and fostering a diverse and vibrant broadcasting environment. The Act addresses the need for a regulatory framework that balances the rights of broadcasters with the public interest, including the promotion of cultural diversity and the prevention of harmful content. The Australian Communications and Media Authority (ACMA), as the designated regulator, plays a crucial role in enforcing the Act, including the assessment and renewal of broadcasting service licences. The policy objective is to maintain high standards of broadcasting services while promoting an open, competitive, and diverse media landscape. ACMA is required to renew broadcasting service licences unless it determines that an applicant is no longer a suitable licensee, based on factors such as business and personal records, and compliance history.
Scope and Application
The Broadcasting Services Act 1992 applies to the entities listed in the gazetted notice, which are all companies holding broadcasting service licences in various regions across Australia, including Tasmania, South Australia, New South Wales, and Western Australia. These companies are subject to the renewal process for their broadcasting licences as outlined in section 90(2) of the Act, and the Australian Communications and Media Authority (ACMA) is responsible for deciding whether to renew these licences based on the suitability of the companies as licensees. Suitability is determined by assessing the companies' business and conduct records, including any previous convictions under the Act or its regulations, and considering whether the companies present a significant risk of committing offences or breaching licence conditions. For community broadcasting licences, additional criteria outlined in section 91(2A) of the Act may be applied in the renewal decision, although ACMA is not required to hold an investigation or a hearing under section 91(3) for community licences. The Act’s provisions ensure that ACMA’s decisions on licence renewals are made in accordance with the regulatory framework and the public interest.
Key Provisions
The Broadcasting Services Act 1992, as referenced in section 90(2) of the Act, outlines the procedure for the renewal of broadcasting service licences. Specifically, this section mandates that the Australian Communications and Media Authority (ACMA) must notify the public of applications for the renewal of these licences by broadcasting companies. The notice provided includes details of the companies that have applied for licence renewals, along with their service areas and states. ACMA's role in this process is to ensure that the companies meet the suitability criteria set forth by the Act, and it must renew the licences unless it determines that the applicant is no longer suitable.
Under section 83(2) of the Act, ACMA assesses the suitability of a company based on several factors, including its business record, its history of trustworthiness and honesty, and the records of individuals who control the company or hold significant positions within it. For commercial broadcasters, this includes examining the business records of those who control the licence, while for community broadcasters, it involves the records of the chief executive and directors. ACMA also considers whether any of these individuals have been convicted of offences under the Act or its regulations. If ACMA finds that allowing the company to continue operating would pose a significant risk of legal violations or breaches of licence conditions, it may deem the company unsuitable for licence renewal.
Section 91(2A) of the Act further stipulates that ACMA may refuse to renew a community broadcasting licence if it would not have initially allocated the licence to the applicant. This provision ensures that the criteria for licence allocation and renewal are consistent and rigorous. However, it is important to note that under section 91(3), ACMA is not required to hold a formal investigation or hearing to determine whether a community licence should be renewed. Instead, the decision-making process is based on the factors outlined in section 83(2) and the specific provisions of section 91(2A).
In terms of penalties and consequences, the Act does not explicitly outline penalties for non-compliance with the renewal process. However, any breach of the Act or its regulations by a broadcasting company could result in civil or criminal penalties as prescribed under the broader legislative framework. For instance, offences under the Act may lead to fines, imprisonment, or both, depending on the severity and nature of the breach. Additionally, failure to comply with the Act's requirements can lead to the revocation of broadcasting licences, thereby impacting the company's ability to operate in the broadcasting sector.