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 |
Central Coast Community FM Radio Association Inc | 6527 | GOSFORD RA1 | NSW |
Roper Gulf Regional Council | 10111 | BARUNGA RA1 | NT |
Roper Gulf Regional Council | 10113 | BESWICK RA1 | NT |
Roper Gulf Regional Council | 10114 | BULMAN RA1 | NT |
Queensland Police-Citizens Youth Welfare Association | 1150090 | PALM ISLAND RA1 | QLD |
Broome Aboriginal Media Association Aboriginal Corporation | 10032 | BROOME 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 the provision of broadcasting services, both commercial and community, within Australia. The Act was designed to address the need for a regulatory framework to manage the allocation and renewal of broadcasting licenses, ensuring that broadcasters comply with certain standards and conditions. One of the key problems the Act aimed to solve was the potential for broadcasting services to be operated in a manner that could lead to breaches of the Act or the regulations, or that could undermine the public interest by not being operated with the requisite trust and candour. The Australian Communications and Media Authority (ACMA) is the body responsible for overseeing the operation of the Act, including the assessment of applications for the renewal of broadcasting service licenses. The policy objective underpinning the Act is to facilitate the provision of diverse and quality broadcasting services while ensuring that broadcasters meet certain standards of conduct and compliance.
Scope and Application
The Broadcasting Services Act 1992 applies to entities that provide commercial and community broadcasting services within Australia. The Act regulates the operations of these entities to ensure compliance with broadcasting standards and conditions. The Australian Communications and Media Authority (ACMA) is responsible for granting, renewing, and revoking broadcasting service licenses under this Act. The ACMA must renew the licenses of applicants unless it decides that the applicant is no longer a suitable licensee, based on factors such as the entity's business record, trustworthiness, and past convictions related to broadcasting offences. The Act specifies that the ACMA should not renew a community broadcasting licence if it would not initially allocate such a licence to the applicant, taking into account various criteria including the entity's suitability and compliance history. Notably, the ACMA is not required to conduct an investigation or hearing specifically for the renewal of community broadcasting licenses, as stipulated in the Act. The geographic reach of this legislation is nationwide, applying to all states and territories within Australia.
Key Provisions
Under section 90(2) of the Broadcasting Services Act 1992, the Australian Communications and Media Authority (ACMA) must renew broadcasting service licences if the applicant is deemed suitable. This applies to community radio licensees such as Central Coast Community FM Radio Association Inc and Broome Aboriginal Media Association Aboriginal Corporation, among others. The ACMA’s decision to renew is based on whether the applicant meets the suitability criteria outlined in section 83(2) of the Act. To determine suitability, the ACMA considers factors including the business and personal records of those who control or are involved with the applicant organisation, and whether there has been any prior conviction related to the Act or its regulations.
The obligations imposed on the parties governed by this Act include ensuring that the licensee and any individuals involved in the control of the organisation maintain a high standard of integrity and compliance with broadcasting laws. For commercial broadcasters, the business records of controlling individuals are also scrutinised, while for community broadcasters, the records of the chief executive and board members are evaluated. This dual scrutiny ensures that the integrity and reliability of the service provider are upheld, which is crucial for maintaining public trust in the broadcasting industry.
Failure to meet the suitability criteria or breach the conditions of the licence can result in serious consequences. The Act does not specify maximum penalties for non-compliance but indicates that breaches can lead to refusal of licence renewal or revocation of an existing licence. Such outcomes are significant, as they directly impact the broadcaster's ability to operate, potentially leading to loss of service and financial repercussions for the entity and its stakeholders. Therefore, maintaining compliance with the Act’s provisions is crucial for all involved parties.