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 |
Resonate Broadcasting Pty Ltd | 10221 | LONGREACH RA1 | QLD |
Moree Broadcasting and Development Co. Pty Ltd | 4135 | MOREE RA1 | NSW |
Grafton FM Pty Ltd | 10413 | GRAFTON RA1 | NSW |
2GF AM Radio Pty Ltd | 4111 | GRAFTON RA1 | NSW |
Amalgamated Marketing Pty Ltd | 4187 | TOOWOOMBA/WARWICK RA1 | QLD |
Radio Goulburn Pty Ltd | 4112 | GOULBURN RA1 | NSW |
Prime Television (Victoria) Pty Ltd | 10089 | MELBOURNE TV1 | 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 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 Commonwealth Parliament to establish a framework for the regulation of broadcasting services in Australia. It was introduced to address the need for a comprehensive legislative scheme to govern broadcasting, ensuring that services are provided in a manner that is efficient, diverse, and in the public interest. The Act provides the Australian Communications and Media Authority (ACMA) with the authority to issue, vary, suspend, or cancel broadcasting licences, among other things, and sets out the criteria for determining the suitability of licence applicants. The policy objective of the Act is to maintain and enhance the quality of broadcasting services while ensuring that they are provided in a manner that is consistent with the public interest. The ACMA, as the regulatory body, is responsible for ensuring compliance with the Act and for making decisions on the renewal of broadcasting licences in accordance with its provisions.
Scope and Application
The Broadcasting Services Act 1992 applies to entities seeking to provide commercial broadcasting services in Australia, specifically those companies listed by the Australian Communications and Media Authority (ACMA) for licence renewal. The Act governs the renewal process of broadcasting service licences and stipulates that the ACMA will renew these licences unless it finds that the applicant is not a suitable licensee under sub-section 41(2) of the Act. A company is deemed unsuitable if there is a significant risk of the company committing an offence against the Act or breaching licence conditions. In making this determination, the ACMA considers various factors including the business and personal records of the company's executives and directors, their history of compliance, and any prior convictions relevant to the Act. The Act does not mandate an investigation or hearing before renewing a licence, thus streamlining the renewal process under the specified conditions. The jurisdictional reach of the Act is national, impacting broadcasting services across different states and territories in Australia.
Key Provisions
The main operative sections of the Broadcasting Services Act 1992, as referenced in the Gazette notice, pertain to the renewal of broadcasting service licences (section 46(2)). Specifically, these sections detail the process through which the Australian Communications and Media Authority (ACMA) notifies the public of applications for licence renewals by commercial broadcasting companies and outline the criteria under which these renewals can be approved or denied. For instance, section 46(2) requires the ACMA to renew broadcasting service licences unless it finds that the applicant is not a suitable licensee, a determination made in accordance with section 41(2) of the Act.
The Act imposes several obligations and requirements on the parties involved. Firstly, broadcasting companies must submit applications for licence renewals to the ACMA, as stipulated in section 46(2). The ACMA, in turn, has the responsibility to assess whether these companies remain suitable to hold such licences, considering various factors outlined in section 41(3). This assessment includes evaluating the business and personal records of the company’s executives and directors, as well as any past convictions related to broadcasting offences or regulatory breaches. If the ACMA determines that a licensee poses a significant risk of committing an offence or breaching licence conditions, it may deny the renewal application.
Furthermore, the Broadcasting Services Act 1992 delineates the consequences for non-compliance. While the Act does not mandate an investigation or hearing for licence renewals, it does provide for potential sanctions if a company fails to meet the suitability criteria. The Act does not specify particular offences or penalties related to the licence renewal process itself, but it implies that any breaches of the Act or its regulations by a licensee could lead to legal consequences. These could include fines, suspensions, or even revocation of the broadcasting licence. The specific penalties for such breaches would be determined by the relevant provisions of the Act and any associated regulations.
In summary, the Act outlines a clear process for the renewal of broadcasting service licences, requiring ACMA to assess the suitability of applicants based on their business and personal records, as well as any history of regulatory compliance. Failure to meet these criteria could result in the denial of a licence renewal, with potential further legal repercussions for any subsequent breaches of the Act or its regulations.