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 |
Eden Community Radio Inc | 1150817 | EDEN RA1 | NSW |
The University of Newcastle | 3053 | NEWCASTLE RA2 | NSW |
Southern Community Broadcasters Inc | 5191 | MELBOURNE SOUTH 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 within the country, addressing issues such as licensing, content standards, and the protection of public interest. The Act aims to ensure that broadcasters adhere to certain standards and obligations, promoting a diverse and high-quality broadcasting environment. As part of this regulatory framework, the Australian Communications and Media Authority (ACMA) is tasked with administering the licensing process, including the renewal of broadcasting service licences under Section 90(2) of the Act. The ACMA notifies the public of applications for licence renewals and assesses whether the applicants remain suitable to hold a licence, considering factors such as business record, integrity, and compliance with the Act's provisions. The policy objective is to maintain the suitability of licensees and uphold the standards of broadcasting services in Australia.
Scope and Application
The Broadcasting Services Act 1992 applies to entities seeking to provide broadcasting services in Australia, including both commercial and community broadcasters. This legislation governs the renewal of broadcasting service licences, with the Australian Communications and Media Authority (ACMA) responsible for determining whether applicants are suitable to hold such licences. The ACMA's decision hinges on factors such as the applicant's business record, their integrity, and whether there is a significant risk of breaches of the Act or licence conditions. Notably, the Act outlines specific criteria for assessing the suitability of community broadcasters, including the business and ethical records of key personnel. The geographic reach of the Act is nationwide, affecting entities across various states and territories in Australia. The Act does not mandate investigations or hearings for community licence renewals, simplifying the process but still ensuring standards are upheld for the continued operation of broadcasting services.
Key Provisions
The Broadcasting Services Act 1992 (the Act) provides that the Australian Communications and Media Authority (ACMA) must renew broadcasting service licences unless it decides that the applicant is no longer a suitable licensee (section 90(2)). The ACMA must consider whether the licensee could pose a significant risk of committing an offence against the Act or regulations or breaching licence conditions (section 83(2)). The decision to deem a licensee unsuitable is based on several factors, including the company’s business record, its record in situations requiring trust and candour, the business record of individuals who control the licence, and any previous convictions under the Act or regulations (section 83(3)). Additionally, for community broadcasting licences, the ACMA may refuse renewal if it would not allocate the licence to the applicant under the criteria in section 84(2). Importantly, the Act does not mandate an investigation or a hearing for the renewal of a community broadcasting licence (section 91(3)).
The obligations imposed on the entities applying for licence renewal under the Act include demonstrating that they meet the suitability criteria set out in sections 83 and 84 of the Act. This involves providing detailed information about their business practices, past conduct, and any relevant convictions. The ACMA evaluates this information to determine if the applicant is fit to continue providing broadcasting services. For community broadcasters, this also means meeting the specific criteria outlined in section 84(2) for licence allocation. Additionally, the entities must submit their renewal applications within the stipulated timeframes as prescribed by the Act to ensure their continued operation.
Breaches of the Act's provisions, particularly in relation to the suitability criteria for licence renewal, can lead to severe consequences. The ACMA has the authority to refuse a licence renewal if it finds that the applicant is not a suitable licensee. This decision can result in the cessation of broadcasting services provided by the entity. While the Act does not explicitly outline specific penalties for such refusals, the impact on the entity’s operations is significant. Moreover, any additional offences committed under the Act or its regulations could lead to further civil or criminal penalties, as prescribed by other sections of the Act.
In summary, the Act outlines a structured process for the renewal of broadcasting service licences, with specific criteria for determining the suitability of the applicant. The obligations for the entities involve providing comprehensive information to the ACMA, which then assesses whether these entities meet the necessary standards. Failure to meet these criteria can result in the non-renewal of the licence, leading to the potential end of the entity's broadcasting operations. The Act ensures that only those entities that adhere to its standards and demonstrate suitability are granted the privilege of continuing their services.