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 |
Townsville Christian Broadcasters Assn Inc | 1150010 | TOWNSVILLE RA3 | QLD |
Central Highlands Broadcasting Inc. | 10405 | KYNETON RA1 | 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 that they are provided in a manner that is in the public interest. The Act established the Australian Communications and Media Authority (ACMA) to oversee the broadcasting industry, including the licensing of broadcasters. The primary problem or gap this Act was introduced to address was the need for a comprehensive regulatory framework to manage the burgeoning broadcasting industry, ensuring compliance with community standards and public interest considerations. The policy objective of the Act is to maintain high standards of broadcasting content and service while promoting diversity and plurality in the media landscape. The ACMA, as the enforcing body, plays a crucial role in assessing whether licensees remain suitable for their roles by evaluating their compliance history and business practices.
Scope and Application
The Broadcasting Services Act 1992 applies to entities that provide broadcasting services in Australia, specifically focusing on both commercial and community broadcasters. This Act mandates the Australian Communications and Media Authority (ACMA) to manage the licensing and renewal process for these services, ensuring compliance with set standards and conditions. The ACMA has the authority to assess whether a company is a suitable licensee for renewal, considering factors such as the business record, trustworthiness, and any prior convictions. The Act also allows the ACMA to refuse renewal of a community broadcasting licence if certain criteria are not met, though it does not require an investigation or hearing for such decisions. This legislation has a national reach, governing broadcasting services across all states and territories in Australia. While the Act outlines the primary responsibilities and criteria, subordinate instruments may provide further details on specific operational aspects and procedural requirements.
Key Provisions
The Broadcasting Services Act 1992, under section 90(2), mandates that the Australian Communications and Media Authority (ACMA) must notify the public when companies apply for the renewal of their broadcasting service licences. The companies in question, Townsville Christian Broadcasters Assn Inc. and Central Highlands Broadcasting Inc., have submitted their applications for licence renewal, as indicated by the ACMA. These companies have been granted broadcasting services in Townsville and Kyneton, respectively.
Under section 83(2) of the Act, the ACMA is required to assess whether a company remains a suitable licensee. This assessment hinges on whether the ACMA believes that the company poses a significant risk of committing an offence against the Act or breaching licence conditions. In making this decision, the ACMA considers several factors, including the business record of the company, its history in situations requiring trust and candour, and the records of individuals who control or are directors of the company. For community broadcasters, the focus is on the chief executive, directors, and secretaries. Additionally, any convictions against the company or these individuals are taken into account. If the ACMA finds that a company is unsuitable, it may refuse to renew the licence.
For community broadcasting licences, the ACMA has the authority to refuse renewal under section 91(2A) if it deems the company unsuitable based on factors listed in section 84(2)(a) to (f). However, the Act does not mandate an investigation or hearing for these renewal decisions (subsection 91(3)). This means that the ACMA can rely on existing information to determine the suitability of the licensee without conducting a formal hearing.
If the ACMA decides that a company is not a suitable licensee, it can refuse to renew the broadcasting service licence. This decision can have significant implications for the company, potentially halting its broadcasting operations. Furthermore, if the ACMA's decision is challenged, the matter may be subject to review by a relevant court or tribunal, although the Act itself does not specify detailed procedures for such reviews. The implications of such decisions underscore the importance of maintaining high standards of conduct and compliance with broadcasting regulations.