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 |
5RPH Pty Ltd | 5272 | ADELAIDE RA1 | SA |
Ceduna Community Radio Inc. | 10151 | CEDUNA RA2 | SA |
York Community Radio Inc. | 10349 | YORK 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, enacted by the Australian Parliament, was introduced to regulate broadcasting services, including television, radio, and online media, to ensure compliance with national standards and to protect public interest. The Act establishes the Australian Communications and Media Authority (ACMA) to oversee the licensing and operation of broadcasting services. The policy objective of the Act is to maintain a broadcasting system that is diverse, independent, and reflective of the cultural, social, and political life of the Australian community. The ACMA notifies the public of applications for licence renewals, ensuring transparency and accountability in the broadcasting sector. The Act provides criteria for determining the suitability of licence holders, considering factors such as business and ethical records, to uphold the integrity and quality of broadcasting services.
Scope and Application
The Broadcasting Services Act 1992 applies to entities providing broadcasting services in Australia, including both commercial and community broadcasters. The Act governs the issuance, renewal, and revocation of broadcasting licences, ensuring that broadcasters comply with legislative and regulatory requirements. The Australian Communications and Media Authority (ACMA) is the body responsible for managing these licences and ensuring that broadcasters meet the suitability criteria outlined in the Act. The ACMA's jurisdiction extends across the Commonwealth of Australia, and it applies to both commercial and community broadcasters alike. The Act includes provisions for the renewal of broadcasting service licences, stipulating that renewals are contingent on the applicant being deemed a suitable licensee. This determination is made based on the applicant's business and conduct records, and whether there are any significant risks associated with allowing them to continue providing broadcasting services. The Act also allows for the refusal of licence renewals if the ACMA deems the applicant unsuitable, without the necessity of a formal investigation or hearing for community broadcasting services.
Key Provisions
The Broadcasting Services Act 1992 (the Act) outlines the procedure for the renewal of broadcasting service licences, as detailed in section 90(2). According to this section, the Australian Communications and Media Authority (ACMA) must renew the broadcasting licences of community radio companies unless it determines that the applicant is no longer a suitable licensee. This determination hinges on whether subsection 83(2) of the Act applies to the company, which it may do if there is a significant risk of an offence against the Act or the regulations being committed, or a breach of the licence conditions occurring. In making such a decision, the ACMA must consider several factors, including the company's business record, its record in situations requiring trust and candour, and the records of individuals in positions of control or responsibility within the company, as stipulated in subsection 83(3).
The obligations placed on the parties governed by the Act include the necessity for the ACMA to carefully evaluate the suitability of licence applicants. The ACMA must assess whether a significant risk exists that the applicant will commit an offence or breach licence conditions, taking into account the various factors listed in subsection 83(3). For community broadcasting licences, the ACMA may refuse renewal if it would not have allocated the licence in the first place, considering matters outlined in subsections 84(2)(a) to (f). Importantly, the Act does not mandate that the ACMA conduct an investigation or hold a hearing when deciding on licence renewal, as stated in subsection 91(3).
In terms of consequences for breach, the Act does not explicitly outline specific offences, penalties, or consequences for failing to comply with its provisions related to licence renewal. However, the ACMA’s decision to not renew a licence if a company is deemed unsuitable due to a significant risk of committing offences or breaching licence conditions carries substantial implications. The ultimate consequence of not renewing a licence means that the company will lose the right to provide broadcasting services, which can severely impact their operations and reputation. This underscores the importance of adhering to the criteria set forth in the Act to avoid facing such repercussions.