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 |
Radio for the Print-Handicapped of NSW Co-Op Ltd | 5157 | NSW COMMUNITY RA1 | NSW |
Central Victoria Gospel Radio Inc | 1130052 | BENDIGO RA5 | VIC |
Eastern Community Broadcasters Incorporated | 3951 | MELBOURNE EAST 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 to regulate broadcasting services in Australia, ensuring compliance with standards and addressing issues related to the licensing and operation of commercial and community broadcasters. The Act established the Australian Communications and Media Authority (ACMA) as the regulator responsible for overseeing the broadcasting industry, including the renewal of broadcasting service licences. The problem the Act was introduced to address included the need for a regulatory framework that could manage the rapid growth of broadcasting services, ensure quality standards, and protect the public interest in diverse and reliable broadcasting content. The ACMA, as the enacting body, is tasked with ensuring that broadcasters adhere to the provisions of the Act, including the renewal process for broadcasting licences, which aims to maintain high standards of service and compliance within the broadcasting industry.
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 governs the operations of these entities, including their licensing requirements, compliance with broadcasting standards, and the conditions attached to their licences. The application of the Act extends across the Commonwealth of Australia, encompassing all states and territories, ensuring a uniform regulatory framework for broadcasting services. Exclusions and exemptions within the Act are limited and typically pertain to specific types of broadcasting activities or services that fall under different regulatory schemes. The Act may also extend or restrict its application through subordinate instruments, which provide detailed regulations and guidelines for compliance. Notably, the Australian Communications and Media Authority (ACMA) is the primary enforcer of the Act, responsible for assessing the suitability of licence applicants and deciding on licence renewals based on criteria including business and ethical records, as well as past compliance history.
Key Provisions
The key sections of the Broadcasting Services Act 1992 (the Act) that pertain to the renewal of broadcasting service licenses are sections 90 and 83, among others. Section 90(2) requires the Australian Communications and Media Authority (ACMA) to notify the public of applications for the renewal of broadcasting service licenses, while section 83(2) outlines the criteria for assessing whether a licensee is suitable. Specifically, section 83(2) allows the ACMA to consider whether allowing the licensee to continue providing a broadcasting service would lead to a significant risk of committing an offence against the Act, breaching the conditions of the licence, or other factors that may deem the licensee unsuitable.
The obligations imposed by the Act on the ACMA include reviewing the applications for renewal and determining whether the applicants are still suitable to hold the broadcasting service licenses. This determination must consider the business record of the company, its history in situations requiring trust and candour, and the records of individuals who control the company or would be in a position to control the licence if it were renewed. For community broadcasters, the ACMA must also take into account factors specified in section 84(2)(a) to (f) when deciding whether to renew a licence.
If the ACMA determines that an applicant is no longer a suitable licensee under section 83(2), it may refuse to renew the broadcasting service licence. This decision can be made without the need for an investigation or a hearing, as per section 91(3) of the Act. The refusal to renew a licence is a significant consequence, as it could result in the cessation of broadcasting services provided by the applicant. Furthermore, any failure to comply with the provisions of the Act or the regulations may result in further legal consequences, including fines and potential imprisonment, as outlined in other sections of the Act.