AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY
NOTICE OF APPLICATION FOR RENEWAL OF LICENCE UNDER SECTION
46(2) OF THE BROADCASTING SERVICES ACT 1992
In accordance with sub-section 46(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:
Commercial Broadcasting Licensees | SL No | Service Area | State |
New England Broadcasters Pty Ltd | 4105 | ARMIDALE RA1 | NSW |
Manning Valley Max The Heat FM Pty Ltd | 4131 | TAREE RA1 | NSW |
Tablelands Broadcasting Pty Ltd | 1150016 | ATHERTON RA1 | QLD |
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 41(2) of the Act applies to the company.
The ACMA may decide that 41(2) of the Act applies to a licensee if it is satisfied that allowing the licensee to provide or continue to provide a commercial 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 the sub-section applies, the ACMA is required by sub-section 41(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) 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.
The Act does not require the ACMA to hold an investigation or a hearing into whether a commercial licence (sub-section 47(3)) should be renewed.
Overview
The Broadcasting Services Act 1992 was enacted by the Parliament of Australia to regulate the broadcasting services provided across the country. The legislation was introduced to address the need for a comprehensive framework governing the operations of broadcasting services, including commercial radio and television, and community radio. The policy objective of the Act is to ensure that broadcasters adhere to standards that promote the public interest, diversity, and quality in broadcasting. The Australian Communications and Media Authority (ACMA) is responsible for administering the Act and ensuring compliance with its provisions, including the assessment and renewal of broadcasting service licenses. The ACMA's role involves evaluating applications for license renewal to ensure that the broadcasters continue to be suitable operators, thereby safeguarding the integrity and quality of the broadcasting services provided to the public.
Scope and Application
The Broadcasting Services Act 1992 applies to entities seeking to provide or continue to provide commercial broadcasting services in Australia. Specifically, the notice pertains to the renewal of licences for companies such as New England Broadcasters Pty Ltd, Manning Valley Max The Heat FM Pty Ltd, and Tablelands Broadcasting Pty Ltd. These companies have applied for the renewal of their commercial broadcasting licences in various regions, including Armidale, Taree, and Atherton. The Act’s application is national in scope, covering all commercial broadcasters across different states. The ACMA is mandated to renew these licences unless it determines that the applicant is no longer suitable. The suitability assessment is based on several criteria, including the business and personal records of the company’s executives, their past conduct, and any previous convictions under the Act or its regulations. Notably, the Act does not mandate an investigation or hearing for the renewal of commercial broadcasting licences, streamlining the renewal process.
Key Provisions
The Broadcasting Services Act 1992 (the Act) governs the broadcasting services in Australia and includes provisions for the renewal of broadcasting service licences. Specifically, section 46(2) requires the Australian Communications and Media Authority (ACMA) to notify the public of applications for licence renewals. The companies listed in the notice have applied to renew their commercial broadcasting service licences (sections 4105, 4131, and 1150016), which cover specific regional areas in New South Wales and Queensland.
Under the Act, the ACMA must renew these licences unless it determines that the applicants are no longer suitable licensees. A company is deemed unsuitable if the ACMA finds that allowing the company to provide or continue to provide a commercial broadcasting service would result in a significant risk of an offence against the Act or regulations being committed, or a breach of the licence conditions occurring (section 41(2)). In making this determination, the ACMA must consider the business and personal records of the company and its directors and officers, including any past convictions (section 41(3)).
The obligations imposed on the parties by the Act include the requirement for companies to submit applications for licence renewals and for the ACMA to assess these applications based on the suitability of the applicants. The ACMA must review the business and personal records of the applicants, as well as any previous breaches or convictions, to determine if renewing the licence poses a significant risk. This process ensures that broadcasting services are provided by entities that can be trusted to comply with the law and the conditions of their licence.
Breaching the conditions of a broadcasting licence or failing to comply with the Act can result in various consequences. While the Act does not specify civil or criminal penalties for the non-renewal of a licence, it does allow the ACMA to deny a renewal if it finds the applicant unsuitable. This can have significant implications for the company's ability to operate, as it would lose its licence to broadcast. Furthermore, if the ACMA finds that a company has committed an offence against the Act or regulations, additional penalties may apply, including fines and other sanctions. The maximum penalties are not detailed in the notice but are generally outlined in the Act and related regulations.