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 Larrakia Aboriginal Corporation | 10166 | DARWIN RA2 | NT |
Cherbourg Aboriginal Multi-Media and Resource Assoc. Inc. | 1150098 | CHERBOURG RA1 | QLD |
Doomadgee Aboriginal Shire Council | 10189 | DOOMADGEE RA1 | QLD |
Hope Foundation Communicators Inc. | 3080 | HOBART RA1 | TAS |
Echuca Moama Broadcast Service Inc. | 10419 | ECHUCA RA1 | VIC |
Derby Media Aboriginal Corporation | 10033 | DERBY 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 was enacted to regulate broadcasting services, particularly in relation to licensing and compliance with the standards and regulations set out in the Act. This Act was introduced to address the need for a robust regulatory framework that ensures broadcasting services are provided in accordance with community standards and the public interest. The Act is administered by the Australian Communications and Media Authority (ACMA), which is responsible for the licensing and monitoring of broadcasting services to ensure they adhere to the legislative requirements and standards. The policy objective of the Act is to promote a diverse, competitive, and high-quality broadcasting industry that serves the needs and interests of the Australian public. The ACMA’s role in assessing applications for the renewal of broadcasting service licenses is crucial in maintaining the integrity and effectiveness of the broadcasting sector, ensuring that only suitable licensees are allowed to continue providing services.
Scope and Application
The Broadcasting Services Act 1992 applies to companies seeking the renewal of broadcasting service licences within Australia, as evidenced by the notice issued by the Australian Communications and Media Authority (ACMA) regarding the renewal applications of various community radio licensees. These entities include the Radio Larrakia Aboriginal Corporation, Cherbourg Aboriginal Multi-Media and Resource Association, Doomadgee Aboriginal Shire Council, Hope Foundation Communicators, Echuca Moama Broadcast Service, and Derby Media Aboriginal Corporation. The Act mandates that the ACMA renew these licences unless it determines that the applicants are no longer suitable to hold them, based on criteria such as the risk of committing offences or breaching licence conditions. This suitability assessment involves examining the applicants' business records, integrity, and past convictions. Notably, the Act allows the ACMA to refuse renewal of community broadcasting licences if certain conditions are not met, without requiring an investigation or hearing. This legislative framework ensures that broadcasting services remain compliant with the standards and regulations set forth in the Act.
Key Provisions
Under section 90(2) of the Broadcasting Services Act 1992, the Australian Communications and Media Authority (ACMA) is mandated to renew broadcasting service licences unless it determines that an applicant is no longer a suitable licensee. This requirement applies to the listed community radio licensees who have applied for licence renewal. The suitability of a licensee hinges on whether sub-section 83(2) of the Act applies. According to this sub-section, a licensee may be deemed unsuitable if the ACMA is convinced that permitting the licensee to provide or continue to provide a broadcasting service poses a significant risk of either committing an offence under the Act or breaching the licence conditions. When making this determination, the ACMA must consider the business record of the company, the company's history in situations requiring trust and candour, and the relevant business and personal records of individuals who control the licence, including convictions for offences under the Act.
The obligations imposed on the parties governed by the Act include the duty of the ACMA to assess the suitability of licence applicants and the obligation of the applicants to provide the necessary information for this assessment. The ACMA must take into account various factors such as the business record of the company, the trustworthiness of the company and its key personnel, and any previous convictions under the Act. These assessments are crucial to ensure that only entities that meet the standards set by the Act are granted broadcasting licences.
The Act provides for potential consequences in case of non-compliance or unsuitable conduct. If the ACMA determines that a licensee is no longer suitable, it may refuse to renew the licence. This decision can be based on significant risks identified under sub-section 83(2) of the Act or on considerations under sub-section 91(2A). The refusal to renew a licence can have substantial implications for the applicant, as it affects their ability to continue operating a broadcasting service. Importantly, the Act does not require the ACMA to conduct an investigation or a hearing before deciding not to renew a community broadcasting licence, as stipulated in sub-section 91(3).