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 |
Community Radio 2XX Inc. | 4226 | CANBERRA RA1 | ACT |
Cumberland Community Radio Inc. | 1251 | PARRAMATTA RA1 | NSW |
Five-O-Plus Public Radio Association Inc. | 1150187 | GOSFORD RA1 | NSW |
Goulburn Community Radio Assoc Inc. | 3113 | GOULBURN RA2 | NSW |
Griffith Community FM Association Inc. | 5538 | GRIFFITH RA2 | NSW |
Multicultural Community Radio Association Ltd | 2290 | SYDNEY RA1 | NSW |
Sutherland Shire Community Radio Association Inc. | 4842 | SUTHERLAND RA1 | NSW |
Sydney Educational Broadcasting Ltd | 3059 | SYDNEY RA1 | NSW |
The Manning Media Co-operative Ltd | 1823 | TAREE RA2 | NSW |
Brisbane Indigenous Media Association Inc. | 5121 | BRISBANE RA1 | QLD |
Brisbane River Valley Radio Inc. | 1150748 | ESK RA1 | QLD |
Community Radio Association Mackay Inc. | 5522 | MACKAY RA2 | QLD |
Ethnic Broadcasting Association of Queensland Ltd | 4228 | BRISBANE RA1 | QLD |
Gold Coast Christian & Community Broadcasting Association Ltd | 3069 | GOLD COAST RA1 | QLD |
Townsville Aboriginal and Torres Strait Islander Corporation For Media | 5552 | TOWNSVILLE RA2 | QLD |
Christian Radio Inc. | 5269 | ADELAIDE RA1 | SA |
Music Broadcasting Society of South Australia Inc. | 1150742 | ADELAIDE FOOTHILLS RA1 | SA |
Whyalla FM Public Broadcasting Association Inc. | 1099 | WHYALLA RA1 | SA |
RPH Print Radio Tasmania Inc. | 5508 | HOBART RA4 | TAS |
North West Community Radio Association Inc. | 5172 | MELBOURNE NORTH WEST RA1 | VIC |
Radio East Gippsland Inc. | 5266 | EAST GIPPSLAND RA1 | VIC |
Puranyangu-Rangka Kerrem (Aboriginal Radio) Aboriginal Corporation | 10035 | HALLS CREEK RA1 | WA |
Wanneroo Joondalup Regional Broadcasting Association Inc. | 1150758 | WANNEROO RA1 | WA |
Waringarri Media Aboriginal Corporation | 10355 | KUNUNURRA RA1 | WA |
Wirrimanu Aboriginal Corporation | 10019 | BALGO 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 Australian Parliament to provide a regulatory framework for television and radio broadcasting services in Australia. This legislation was introduced to address the need for a comprehensive regulatory structure that could oversee broadcasting services, ensuring compliance with national standards, and protecting the interests of both broadcasters and the public. The Australian Communications and Media Authority (ACMA) is responsible for administering the Act, which includes the renewal of broadcasting service licenses. The policy objective of the Act is to facilitate the provision of broadcasting services while ensuring that they are operated responsibly and in the public interest, particularly for community broadcasting services that serve specific local or cultural needs.
Scope and Application
The Broadcasting Services Act 1992 (the Act) applies to the entities listed in the notice that have applied for the renewal of their broadcasting service licences, which include community and commercial broadcasters across various regions in Australia. These entities are subject to the regulatory oversight of the Australian Communications and Media Authority (ACMA), which is responsible for determining the suitability of the applicants to continue providing broadcasting services. The ACMA's decision hinges on whether the applicants would pose a significant risk of committing offences under the Act or breaching licence conditions, taking into account the applicants' business records and personal histories of trust and candour, as well as any prior convictions. The Act does not mandate an investigation or hearing for the renewal of community broadcasting licences, but rather allows the ACMA to make a decision based on the information available. The geographic reach of the Act is national, applying across all states and territories of Australia. However, the Act may extend its application through subordinate instruments that provide further detail on the criteria and processes for licence renewals and suitability assessments.
Key Provisions
The Broadcasting Services Act 1992 (the Act) governs the media landscape in Australia, including the licensing of broadcasters. Section 90(2) of the Act mandates that the Australian Communications and Media Authority (ACMA) must renew broadcasting service licences unless it determines that an applicant is no longer a suitable licensee. This notice specifies that various community radio entities have applied for the renewal of their licences.
The ACMA is tasked with assessing the suitability of these applicants to continue operating their services. To do so, the ACMA must consider several factors as outlined in sub-section 83(2) of the Act. These factors include the business and ethical records of the company, its leadership, and any relevant past convictions. If the ACMA concludes that the applicant poses a significant risk of committing an offence against the Act or breaching licence conditions, it may decide not to renew the licence.
Further, sub-section 91(2A) of the Act allows the ACMA to refuse to renew a community broadcasting licence if it determines that the licence should not be allocated to the applicant in the first place. However, it is important to note that the Act does not require the ACMA to hold an investigation or a hearing to determine the renewal of a community licence (sub-section 91(3)).
In terms of penalties, the Act does not explicitly detail the consequences for non-compliance or breaches related to the renewal of broadcasting licences. However, the Act generally provides for substantial penalties for breaches, which can include fines and imprisonment. For instance, under the general provisions of the Act, a person who contravenes a provision of the Act may be subject to penalties that can include fines of up to $1.1 million for corporations and imprisonment for up to five years. The specific penalties would depend on the nature and severity of the breach.