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 |
Coonamble Community Radio Inc | 1150831 | COONAMBLE RA1 | NSW |
Lightning Ridge Community Radio Inc | 10414 | LIGHTNING RIDGE RA1 | NSW |
Mid North Coast Indigenous Broadcasters Association (Aboriginal Corporation) | 1150314 | TAREE RA3 | NSW |
Cairns Community Broadcasters Inc | 1883 | CAIRNS RA2 | QLD |
Warwick Community FM Radio Association Incorporated | 1150093 | WARWICK RA2 | QLD |
Progressive Music Broadcasting Assoc Inc | 3076 | ADELAIDE RA1 | SA |
Umeewarra Aboriginal Media Association Inc | 1130059 | PORT AUGUSTA RA1 | SA |
Melbourne Community Television Consortium Ltd | 1150808 | MELBOURNE TV1 | VIC |
Kiewa Valley Community Radio Inc | 1150015 | MT BEAUTY RA1 | 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 regulate the broadcasting services industry in Australia, ensuring that broadcasters operate in a manner that is consistent with the public interest. The Act established the Australian Communications and Media Authority (ACMA) as the regulator responsible for overseeing the broadcasting services sector. The policy objective of the Act is to ensure that broadcasting services are provided in a manner that reflects the cultural diversity of Australia, supports the free flow of information, and maintains high standards of programming and content. The ACMA is required to renew broadcasting service licences unless it determines that an applicant is no longer a suitable licensee. Suitability is assessed based on the applicant's business record, their record in situations requiring trust and candour, and whether they have been convicted of an offence against the Act or the regulations. The ACMA is not mandated to hold an investigation or a hearing into whether a community licence should be renewed.
Scope and Application
The Broadcasting Services Act 1992 applies to entities seeking to provide or continue to provide commercial and community broadcasting services in Australia. Specifically, the Act pertains to the renewal of broadcasting service licences, which are managed by the Australian Communications and Media Authority (ACMA). The legislation extends to companies that have already been granted broadcasting service licences, such as the community radio licensees listed in the notice, and requires these companies to apply for the renewal of their licences under section 90(2) of the Act. The geographic reach of the Act is national, applying across all states and territories of Australia. The ACMA evaluates the suitability of applicants for licence renewal based on criteria including the business record, record in situations requiring trust and candour, and any convictions related to the Act or its regulations. Sub-section 83(2) of the Act allows the ACMA to refuse renewal if the company poses a significant risk of breaching the Act or its regulations or licence conditions. For community broadcasting licences, sub-section 91(2A) of the Act provides additional grounds for refusal, but does not require a formal investigation or hearing under sub-section 91(3). The Act also allows for the application of additional conditions or requirements through subordinate instruments, which can extend or restrict its application.
Key Provisions
Section 90(2) of the Broadcasting Services Act 1992 mandates that the Australian Communications and Media Authority (ACMA) must notify the public when applications for the renewal of broadcasting service licences are submitted by the listed entities. The Act specifies that these applications are from community radio and television broadcasters, each identified by their service area, state, and unique service number. This requirement ensures transparency in the broadcasting licensing process.
The obligations imposed on the ACMA by this section are to assess whether the applicants remain suitable licensees under section 83(2) of the Act. A company is deemed suitable if the ACMA does not find that certain conditions, such as the potential for committing offences or breaching licence conditions, apply to them. The ACMA must consider several factors in making this determination, including the business and ethical records of the applicants, the control structure of the company, and any prior convictions related to the Act or regulations.
Failure to comply with the requirements set out in the Act may lead to the ACMA refusing to renew a licence. For community broadcasting services, sub-section 91(2A) of the Act further allows the ACMA to refuse renewal if it deems that it would not allocate the licence to the applicant in the first instance, considering the criteria outlined in section 84(2)(a) to (f). Notably, the Act does not require the ACMA to hold an investigation or a hearing before making such decisions, as stated in sub-section 91(3).
In terms of penalties, the Act does not specify explicit criminal or civil penalties for non-compliance with the renewal process itself. However, the overarching legal framework under which the Broadcasting Services Act operates includes potential penalties for breaches of the Act or regulations, which could be applicable if the refusal to renew a licence stems from such breaches. These penalties could include fines and other civil or administrative consequences, depending on the nature and severity of the offence.