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 |
Gin Gin Community Broadcasters Inc | 1130096 | GIN GIN RA1 | QLD |
Capricorn Community Radio 4 YOU Inc. | 1295 | ROCKHAMPTON RA2 | QLD |
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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 both commercial and community broadcasters adhere to set standards and conditions. The Act was introduced to address the need for a comprehensive legal framework governing broadcasting to maintain standards and protect the public interest. The Australian Communications and Media Authority (ACMA) is tasked with the administration and enforcement of this Act, including the renewal of broadcasting service licences under Section 90(2). The policy objective of the Act includes maintaining high standards in broadcasting and ensuring that licence holders are fit and proper persons, particularly for community broadcasters who play a vital role in local communities. The ACMA must consider various factors, such as the business and ethical records of applicants, before deciding on the renewal of broadcasting licences, with the aim of preventing potential breaches or offences that could harm the integrity of the broadcasting services.
Scope and Application
The Broadcasting Services Act 1992 applies to entities that provide broadcasting services within Australia, including both commercial and community broadcasters. Specifically, the Act governs the conduct, operations, and licencing of these entities to ensure compliance with broadcasting standards and regulations. The Act's jurisdiction extends across the Commonwealth of Australia, applying uniformly regardless of state or territory boundaries. The Australian Communications and Media Authority (ACMA) is the regulatory body responsible for overseeing compliance and managing the licencing process. The Act does not specify exclusions or exemptions, but it does set criteria for determining the suitability of a licensee, such as the entity's business record, history of compliance, and the integrity of individuals controlling the entity. The ACMA has the authority to refuse to renew a broadcasting licence if it determines that the entity poses a significant risk of non-compliance or if it would not initially grant the licence. Notably, for community broadcasting licences, the ACMA may refuse renewal without the need for a formal investigation or hearing, as stipulated in sub-section 91(2A) of the Act.
Key Provisions
Section 90(2) of the Broadcasting Services Act 1992 mandates that the Australian Communications and Media Authority (ACMA) must notify the public when an application has been made for the renewal of a broadcasting service licence. Specifically, the ACMA must inform the public of applications for the renewal of community radio licences (subsection 90(2)). This requirement ensures transparency in the licensing process and allows interested parties to be aware of pending decisions that may affect them. The ACMA is tasked with ensuring that only suitable licensees are granted or retain their broadcasting service licences.
The ACMA must consider whether the applicant remains a suitable licensee under subsection 83(2) of the Act. A company is deemed suitable if the ACMA determines that certain conditions do not apply, which include the risk of an offence against the Act or regulations being committed, or a breach of licence conditions occurring. The ACMA’s decision hinges on various factors, including the applicant’s business record, its record in situations requiring trust and candour, and the business records and personal records of individuals who would control or manage the licence. Additionally, any prior convictions of the company or relevant individuals against the Act or regulations play a significant role in this assessment.
Under subsection 91(2A) of the Act, the ACMA has the authority to refuse to renew a community broadcasting licence if it considers that such a licence should not be allocated, considering the criteria listed in subsection 84(2)(a) to (f). This provision ensures that the ACMA has broad discretion to ensure that only entities that meet the necessary standards and criteria are granted broadcasting licences. Importantly, subsection 91(3) clarifies that the ACMA is not required to hold an investigation or hearing specifically to decide on the renewal of a community broadcasting licence, thereby streamlining the process while still allowing for comprehensive assessments based on the outlined criteria.
In terms of consequences, the Act does not specify particular offences or penalties for the failure to comply with the requirements for licence renewal. However, any breaches of the Act or regulations, or failure to meet the suitability criteria, could potentially lead to legal consequences, including fines or other penalties as outlined in the Act or relevant regulations. These penalties are intended to ensure that broadcasters operate within the legal framework and adhere to the standards set forth by the ACMA.