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 |
Radio 3AW Melbourne Pty Ltd | 4140 | MELBOURNE RA1 | VIC |
Sunshine Coast Broadcasters Pty Ltd | 4184 | NAMBOUR 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 Australian Parliament to regulate the broadcasting services in Australia, addressing the need for a comprehensive legislative framework governing the sector. The Act establishes the Australian Communications and Media Authority (ACMA) as the regulatory body responsible for the oversight and administration of the broadcasting services. One of the key policy objectives of the Act is to ensure that broadcasters operate in a manner that is compliant with the law and the conditions of their licences, thereby maintaining the integrity and quality of the broadcasting services provided to the Australian public. The Act provides the ACMA with the authority to renew broadcasting service licences, subject to the suitability of the applicants, and requires the ACMA to consider various factors in making its decisions.
Scope and Application
The Broadcasting Services Act 1992 applies to entities that provide or seek to provide broadcasting services in Australia, particularly focusing on commercial broadcasting licensees who apply for licence renewal. This legislation covers the geographic scope of the entire Commonwealth of Australia and impacts companies that hold broadcasting licences within specific service areas such as Melbourne and Nambour. The Act mandates that the Australian Communications and Media Authority (ACMA) reviews applications for licence renewal to determine if the applicant remains a suitable licensee. Suitability hinges on the entity's business and personal records, including past compliance with the Act and its regulations, and their ability to operate with the required level of trust and candour. Notably, the Act does not require an investigation or hearing for each renewal application unless the ACMA identifies potential risks as outlined in section 41(2) of the Act. Any exclusions or exemptions from these provisions are not specified in the text, and the Act allows for the extension or restriction of its application through subordinate instruments.
Key Provisions
The Broadcasting Services Act 1992 (the Act) governs the operation of commercial broadcasting services in Australia. Under section 46(2), the Australian Communications and Media Authority (ACMA) is mandated to renew broadcasting service licenses unless it determines that the applicant is no longer a suitable licensee, in accordance with section 41(2). The ACMA may find a licensee unsuitable if there is a significant risk of an offence being committed under the Act or regulations, or a breach of licence conditions occurring. In making this decision, the ACMA must consider the business record of the company, the company's history in situations requiring trust and candour, and the personal records of the chief executive, directors, and secretaries, including any past convictions.
The obligations imposed by the Act on broadcasting service licensees primarily revolve around compliance with the terms of their licence and adherence to broadcasting standards and regulations. This includes ensuring that content is appropriate and does not contravene the broadcasting standards set by the ACMA. Licensees must also maintain records and be transparent in their operations, particularly in matters requiring trust and candour. The ACMA may review these records and the overall conduct of the licensee as part of its suitability assessment.
Under the Act, failure to comply with the conditions of the licence, or engaging in activities that would make the licensee unsuitable, can result in civil and criminal consequences. The Act does not specify maximum penalties for breaches, but non-compliance can lead to the revocation of the licence, fines, and other legal actions. In cases where there is a significant risk of an offence being committed or a breach of licence conditions occurring, the ACMA may decide not to renew the licence, effectively barring the entity from continuing its broadcasting operations. This decision can be appealed, but the ACMA's determination of unsuitability is significant and can have serious implications for the entity in question.