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 |
Darling Downs Broadcasting Society Inc. | 3070 | TOOWOOMBA RA2 | QLD |
Central Victorian Community Broadcasters Inc. | 1130053 | BENDIGO RA5 | VIC |
Western Sports Media Inc. | 1150794 | FREMANTLE RA1 | WA |
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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 by the Parliament of Australia to regulate broadcasting services within the country, aiming to fill the gap in regulatory frameworks governing broadcast media. The Act establishes the Australian Communications and Media Authority (ACMA) as the body responsible for licensing and regulating broadcasting services. The policy objective of the Act is to ensure that broadcasting services are managed in a manner that is consistent with the public interest, including the promotion of diversity and independence in broadcasting content. The ACMA is mandated to renew broadcasting service licences unless it determines that the applicant is no longer a suitable licensee, taking into account various factors such as business and trust records, and potential risks of breaches or offences. The Act provides the ACMA with the discretion to refuse renewal of community broadcasting licences if it deems the applicant unsuitable based on specific criteria.
Scope and Application
The Broadcasting Services Act 1992 (the Act) applies to entities seeking to provide or continue to provide broadcasting services in Australia, specifically focusing on community and commercial broadcasters. The Australian Communications and Media Authority (ACMA) is responsible for determining the suitability of these entities to hold broadcasting licences, which is subject to renewal every five years. The Act mandates that the ACMA must renew broadcasting service licences unless it finds that the applicant is no longer suitable, based on criteria that include the entity's business record, its record in situations requiring trust and candour, and any history of convictions related to the Act or its regulations. For community broadcasters, the ACMA may refuse renewal if it would not have initially allocated the licence, considering factors such as compliance with licence conditions and potential risks of breaching the Act or regulations. Notably, the Act does not require an investigation or hearing for community licence renewals, streamlining the process for these entities.
Key Provisions
The Broadcasting Services Act 1992 (the Act) contains provisions for the renewal of broadcasting service licences, as seen in section 90(2), which outlines the process for notifying the Australian Communications and Media Authority (ACMA) of licence renewal applications. This section mandates that the ACMA must renew the broadcasting service licences unless it determines that the applicant is no longer a suitable licensee, as stipulated in section 83(2) of the Act. The suitability of a licensee is assessed based on their business record, trustworthiness, and history of compliance with the Act and its regulations. The ACMA must consider these factors when deciding whether to renew a licence, ensuring that the licensee does not pose a significant risk of committing an offence or breaching licence conditions.
In performing its duties, the ACMA is tasked with a thorough evaluation of the applicant's suitability. This includes scrutinising the business record of the applicant and any individuals who would control the licence, particularly focusing on their history of compliance and trustworthiness (section 83(3) of the Act). For community broadcasting licences, the ACMA can also consider whether it would allocate the licence to the applicant in the first place, taking into account various criteria outlined in section 84(2)(a) to (f). This assessment ensures that the broadcasting services continue to be provided by entities that uphold the standards and values expected by the Act.
Failure to comply with the requirements of the Broadcasting Services Act 1992 can lead to severe consequences. The Act provides for both civil and criminal penalties for breaches, with maximum penalties specified for various offences. For example, individuals or entities found guilty of breaching the Act can face substantial fines, and in some cases, imprisonment. These penalties are designed to deter non-compliance and ensure that broadcasting services are managed responsibly and in accordance with the law.
The Act further outlines the specific circumstances under which the ACMA may refuse to renew a broadcasting service licence. This includes situations where the ACMA is not satisfied with the applicant's suitability, as determined by the criteria in section 83(2) and section 84(2)(a) to (f). This ensures that the broadcasting services are only provided by entities that meet the high standards required by the Act, maintaining the integrity and quality of the services provided to the public.
In summary, the Broadcasting Services Act 1992 mandates that the ACMA must renew broadcasting service licences unless it finds the applicant unsuitable, based on their business record, trustworthiness, and compliance history. The Act provides for a rigorous assessment process, with the ACMA empowered to refuse renewal if the applicant does not meet the necessary standards. Failure to comply with the Act can result in significant penalties, ensuring that broadcasting services are provided responsibly and in line with legal requirements.