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 |
Braidwood FM Inc | 1150816 | BRAIDWOOD RA1 | NSW |
Warrumbungles Community Broadcasting Association Inc | 1150832 | GILGANDRA RA1 | NSW |
Central Queensland Aboriginal Corporation for Media | 1150184 | ROCKHAMPTON RA2 | QLD |
Gippsland Christian Broadcasters Inc | 1150777 | LATROBE VALLEY RA2 | 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 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, enacted by the Parliament of Australia, was introduced to regulate broadcasting services, ensuring they operate within a legal framework that promotes diversity, independence, and quality in broadcasting. The Act aims to maintain a broadcasting system that serves the interests of the Australian public, including the provision of a wide range of community broadcasting services. The Australian Communications and Media Authority (ACMA) is responsible for administering the Act, including the renewal of broadcasting service licences, which is critical for maintaining the standards and integrity of the broadcasting sector. The Act's policy objective is to ensure that broadcasting services are provided by suitable licensees who adhere to the law and the conditions of their licences, thereby safeguarding the public interest.
Scope and Application
The Broadcasting Services Act 1992 applies to entities seeking to provide broadcasting services in Australia, including both commercial and community broadcasters. The Act governs the licensing of these services and sets out the conditions under which the Australian Communications and Media Authority (ACMA) can issue or renew broadcasting licences. The geographic reach of the Act is national, with the ACMA responsible for managing broadcasting services across all states and territories of Australia. The Act allows the ACMA to renew broadcasting service licenses unless it determines that the applicant is no longer a suitable licensee based on criteria such as the entity's business record, its record in situations requiring trust and candour, and any relevant convictions under the Act. For community broadcasting licenses, the ACMA may also refuse renewal if it would not have allocated the license in the first place, considering factors outlined in the Act. The Act does not mandate an investigation or hearing for the renewal of community broadcasting licenses, streamlining the process to some extent.
Key Provisions
The Broadcasting Services Act 1992 (the Act) requires the Australian Communications and Media Authority (ACMA) to notify the public of applications for the renewal of broadcasting service licences, as outlined in section 90(2). This notification includes details such as the company name, service area, and licence number. For instance, Braidwood FM Inc has applied for the renewal of their community radio licence in the Braidwood region of New South Wales. The ACMA must renew these licences unless it determines that the applicant is no longer a suitable licensee as per section 83(2). Suitability is assessed based on the applicant’s business record, integrity, and history of compliance with the Act and its regulations. The ACMA also considers the records of individuals who control or are directors of the company.
The ACMA's assessment of suitability involves several factors. Firstly, the business record of the company is evaluated, which includes any previous breaches or violations of the Act or its regulations. Secondly, the company’s conduct in situations requiring trust and candour is reviewed. For commercial broadcasters, this includes the records of any individuals in control of the licence. For community broadcasters, the focus is on the chief executive, directors, and secretaries. Thirdly, any convictions related to the Act or its regulations are taken into account. If the ACMA finds that renewing the licence poses a significant risk of further breaches or offences, it may refuse to renew the licence.
Under section 91(2A) of the Act, the ACMA has the discretion to refuse a community broadcasting licence renewal if it would not allocate such a licence in the first place. This provision allows the ACMA to consider broader factors such as community need, diversity, and the overall broadcasting landscape. Notably, the Act does not mandate the ACMA to hold an investigation or a hearing when deciding on the renewal of a community broadcasting licence, as stated in section 91(3). This means that the ACMA can make its decision based on the information available without a formal hearing, although it may still consider any representations made by the applicant.
Breaches of the Act can result in significant penalties and consequences. The Act allows for both civil and criminal penalties, depending on the nature and severity of the offence. Civil penalties can include fines up to $1.1 million for corporations and $220,000 for individuals, while criminal penalties may include imprisonment. The exact penalties depend on the specific provisions breached and the discretion of the court. For example, offences under section 10 of the Act, which deals with general misconduct, can result in fines and imprisonment, reflecting the seriousness of non-compliance with broadcasting regulations.