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 |
QBN FM Incorporated | 1150158 | QUEANBEYAN RA1 | NSW |
Bidjara Media & Broadcasting Company Limited | 1150826 | CHARLEVILLE RA2 | QLD |
Toowoomba Christian Broadcasters Assoc Inc | 1150095 | TOOWOOMBA RA2 | QLD |
Community Radio of Wondai Association Incorporated | 1150097 | WONDAI RA1 | QLD |
Radio KLFM Inc | 1150008 | BENDIGO RA3 | VIC |
Greater Bendigo Community Radio Inc | 1130029 | BENDIGO RA4 | VIC |
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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 to establish a framework for the regulation of broadcasting services in Australia, aiming to provide a diverse range of programming and ensure that broadcasters comply with specific standards and conditions. This legislation was introduced to address the need for a cohesive regulatory approach to broadcasting, encompassing both commercial and community services. The Act is administered by the Australian Communications and Media Authority (ACMA), which is tasked with ensuring compliance and suitability of licensees. The policy objective is to maintain high standards in broadcasting while fostering a diverse and competitive media landscape. The ACMA reviews applications for the renewal of broadcasting service licenses, ensuring that the licensees remain suitable to provide these services without posing significant risks of non-compliance or breaches of conditions.
Scope and Application
The Broadcasting Services Act 1992 governs the operation and regulation of broadcasting services in Australia, and applies to both commercial and community broadcasting entities. Specifically, the Act pertains to the individuals or organisations that provide broadcasting services, as well as the geographic reach of these services. The Australian Communications and Media Authority (ACMA) is tasked with managing and renewing broadcasting service licences, as seen in the applications for renewal of community radio service licences in various regions across New South Wales, Queensland, and Victoria. The ACMA is mandated to ensure that only suitable licensees are granted or retain their broadcasting licences, assessing factors such as the business record, trustworthiness, and past compliance with the Act and its regulations. The Act outlines specific criteria for determining suitability, which includes reviewing the records of individuals in control of the broadcasting service and any past convictions. Notably, while the ACMA must consider certain factors before renewing a commercial licence, it is not required to conduct an investigation or hearing for community broadcasting licences. This streamlined process is subject to the ACMA’s discretion under the legislative framework, ensuring that broadcasting services continue to meet the standards set by the Act.
Key Provisions
Section 90(2) of the Broadcasting Services Act 1992 mandates that the Australian Communications and Media Authority (ACMA) must renew broadcasting service licences unless it determines that the applicant is no longer a suitable licensee. Specifically, sub-section 83(2) of the Act may apply if there is a significant risk that allowing the licensee to provide or continue to provide a broadcasting service would lead to an offence against the Act or the regulations, or a breach of licence conditions. The ACMA considers several factors in making this determination, including the business record of the company, its record in situations requiring trust and candour, and the relevant records of individuals who control or manage the company, as outlined in sub-section 83(3) of the Act. Additionally, sub-section 91(2A) allows the ACMA to refuse to renew a community broadcasting licence if, considering matters specified in sub-section 84(2), it would not allocate the licence if it were deciding on the initial allocation.
The obligations imposed on the ACMA by the Act are significant. The ACMA must review the applications for licence renewal meticulously, taking into account the business and personal records of the applicants, as well as their past conduct, to ensure they are suitable to continue providing broadcasting services. This involves assessing whether the applicants have a history of compliance with broadcasting regulations and whether they can be trusted to adhere to the conditions of their licences. The ACMA is also required to consider the potential risks of allowing the applicants to continue operating, ensuring that these risks do not pose a threat to the integrity of the broadcasting services or the public interest.
Failing to comply with the provisions of the Broadcasting Services Act 1992 can lead to serious consequences. While the specific offences and penalties are not detailed in the provided text, generally, breaches of the Act can result in civil and criminal penalties. These may include fines, suspension or revocation of licences, and in some cases, imprisonment. The maximum penalties can vary depending on the nature and severity of the offence, but they are intended to enforce compliance and protect the public interest in broadcasting services. The ACMA has the authority to take action against licensees who fail to meet the standards set by the Act, ensuring that broadcasting services are provided responsibly and ethically.