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 |
SWRFM Community Media Association Inc | 1150152 | BLACKTOWN RA1 | NSW |
Great Lakes Area FM Community Radio Association Inc. | 1583 | FORSTER RA1 | NSW |
Charles Darwin University | 10164 | DARWIN RA3 | NT |
Radio Logan Inc. | 1945 | LOGAN RA1 | QLD |
Upper Goulburn Community Radio Inc. | 10411 | ALEXANDRA/EILDON RA1 | VIC |
Horsham & District Community FM Radio | 1150779 | HORSHAM RA2 | VIC |
West Gippsland Community Radio Inc | 1150775 | WARRAGUL RA2 | 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 by the Parliament of Australia to regulate broadcasting services, ensuring compliance with the law and the terms of the licences. The Act establishes a framework for licensing and operating broadcasting services, including commercial and community radio, and aims to maintain high standards of broadcasting content and conduct. The Act addresses the need for a structured approach to the regulation of broadcasting services, ensuring that broadcasters operate responsibly and in the public interest. The Australian Communications and Media Authority (ACMA) is the body responsible for administering the Act, including the renewal of broadcasting service licences. The policy objective of the Act is to protect and promote the public interest in broadcasting services by ensuring that broadcasters adhere to legal and licence requirements, thereby maintaining a diverse and high-quality broadcasting environment.
Scope and Application
The Broadcasting Services Act 1992 applies to entities providing broadcasting services in Australia, including both commercial and community broadcasters. The Act sets out the requirements for obtaining and renewing broadcasting licences, with the Australian Communications and Media Authority (ACMA) responsible for administering these provisions. In the case of community broadcasters, the ACMA is mandated to consider specific criteria when deciding whether to renew a licence, such as the business and ethical record of the applicant and any relevant convictions. The Act also provides for the renewal of licences without the need for an investigation or hearing, though the ACMA retains the discretion to refuse renewal if it deems the applicant unsuitable. The geographic reach of the Act is national, with the ACMA overseeing broadcasting services across all states and territories. The Act's provisions extend through subordinate instruments that may further detail the licensing process and renewal criteria.
Key Provisions
The Broadcasting Services Act 1992 (the Act) mandates the renewal of broadcasting service licenses under section 90(2). This provision requires the Australian Communications and Media Authority (ACMA) to renew licenses for community radio broadcasters unless it determines that a licensee is no longer suitable. A licensee is deemed unsuitable if the ACMA is satisfied that allowing them to continue providing services would result in a significant risk of breaching the Act or the regulations, or contravening licence conditions (subsection 83(2)). The ACMA must consider the business record, trustworthiness, and any past convictions when making this determination (subsection 83(3)).
The obligations placed on the ACMA under the Act are significant. They must review each application for renewal, taking into account various factors such as the applicant's business record, their history of compliance and trustworthiness, and the records of individuals who would control or manage the licence if granted. Specifically, the ACMA must consider the records of each person in a position to control a commercial licence and the chief executive, directors, and secretaries for community licences. The ACMA must also assess whether any of these individuals have been previously convicted of offences under the Act or regulations. Additionally, the ACMA must evaluate whether they would allocate the licence if making the initial decision, particularly for community broadcasting licences.
The Act does not impose any specific offences or penalties for the failure to comply with the renewal process itself; however, the ACMA may refuse to renew a licence if it determines that the applicant is unsuitable. This refusal can be based on the potential for future breaches of the Act, licence conditions, or if the ACMA would not initially allocate the licence. The refusal to renew does not require a formal investigation or hearing, as outlined in subsection 91(3). The consequences for the licensee are primarily the loss of the broadcasting service licence, which could have significant operational and financial impacts on the affected entities.