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 |
Bankstown Auburn Community Radio Inc. | 3043 | BANKSTOWN RA1 | NSW |
Inverell Community Radio Inc. | 1150086 | INVERELL RA2 | NSW |
Narwee Baptist Community Broadcasters Ltd | 3050 | NARWEE RA1 | NSW |
Mountain District Radio Incorporated | 5561 | MOUNTAIN DISTRICTS RA1 | VIC |
Golden Days Radio For Senior Citizens Inc. | 1150687 | WAVERLEY VIC RA1 | VIC |
Harvey Mainstreet Inc. | 1130120 | HARVEY 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 (the Act) was enacted to regulate the broadcasting services industry in Australia, addressing the need for a comprehensive legislative framework to manage both commercial and community broadcasting services. The Act was introduced by the Commonwealth Parliament to provide a structured approach to broadcasting, ensuring that services are provided responsibly and comply with set standards. The policy objective of the Act is to foster an environment where broadcasting services contribute to the diversity of information and cultural expression while maintaining high standards of integrity and accountability. The Australian Communications and Media Authority (ACMA) is responsible for the administration of the Act, including the renewal of broadcasting service licences under section 90(2). The ACMA must renew these licences unless it determines that an applicant is no longer a suitable licensee, based on criteria such as the company's business record, its history in situations requiring trust and candour, and any relevant convictions.
Scope and Application
The Broadcasting Services Act 1992 applies to entities that hold broadcasting service licences, including commercial and community broadcasters, and it operates across the Commonwealth of Australia. The Act specifically governs the renewal process of broadcasting service licences, as outlined in section 90(2), which mandates the Australian Communications and Media Authority (ACMA) to renew these licences unless it determines that an applicant is no longer a suitable licensee. Suitability is assessed based on whether the company would pose a significant risk of committing an offence against the Act or regulations, or breaching licence conditions, considering factors such as business and personal records of trust and candour, and prior convictions. Additionally, for community broadcasting services, the ACMA may refuse to renew a licence if it would not allocate such a licence in the first instance, based on criteria outlined in section 84(2). Notably, the Act does not mandate an investigation or hearing for the renewal of community broadcasting licences, as specified in section 91(3).
Key Provisions
According to Section 90(2) of the Broadcasting Services Act 1992 (the Act), the Australian Communications and Media Authority (ACMA) must notify the public when companies have submitted applications for the renewal of their broadcasting service licences. The Act lists several community radio companies that have applied for licence renewal, including Bankstown Auburn Community Radio Inc., Inverell Community Radio Inc., and others (Section 90(2)). The ACMA is obligated to renew these licences unless it determines that the applicant is no longer a suitable licensee under sub-section 83(2) of the Act. A company is deemed suitable if the ACMA does not find that the company poses a significant risk of committing an offence against the Act or breaching the licence conditions. The ACMA considers the business record, trust and candour record, and past convictions when making this determination.
The Act imposes several obligations on the ACMA regarding the renewal of broadcasting service licences. The ACMA must assess whether the applicant poses a significant risk of committing an offence against the Act or breaching the licence conditions (Section 83(2)). In making this assessment, the ACMA must consider the business record of the applicant and the records of individuals who control the licence (Section 83(3)(a) and (c)). Additionally, the ACMA must evaluate the applicant's record in situations requiring trust and candour, and whether there have been any past convictions (Section 83(3)(b) and (e)). For community broadcasting licences, the ACMA may also refuse to renew the licence if it would not allocate such a licence based on the criteria in Section 84(2)(a) to (f) (Section 91(2A)).
Under the Act, there are no specific offences outlined for the failure to comply with the provisions regarding the renewal of broadcasting service licences. However, the ACMA has the authority to refuse renewal if it finds that the applicant poses a significant risk of committing an offence against the Act or breaching the licence conditions (Section 83(2)). Additionally, if the ACMA determines that it would not allocate a community broadcasting licence based on the criteria in Section 84(2)(a) to (f), it may refuse to renew the licence (Section 91(2A)). The consequences of such refusals are primarily administrative, with no explicit penalties mentioned in the Act. However, the impact on the broadcasting services and their communities could be significant if the licences are not renewed.