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 |
Paradise FM Community Radio Association Inc | 1150750 | BALLINA RA1 | NSW |
Monaro Community Radio Inc. | 1150162 | COOMA RA2 | NSW |
Radio Skid Row Ltd | 3058 | SYDNEY RA2 | NSW |
Riverina Christian Radio Inc. | 1150770 | WAGGA WAGGA RA2 | NSW |
Hawkesbury Radio Communications
Co-operative Society Ltd | 5943 | WINDSOR RA1 | NSW |
8-EAR Community Radio Inc | 10144 | NHULUNBUY RA1 | NT |
Sunshine FM Radio Association Inc. | 1150113 | NAMBOUR RA2 | QLD |
Way Out West Broadcasters Inc. | 1150738 | PORT ADELAIDE RA1 | SA |
Tasmanian Youth Broadcasters Inc. | 1150787 | HOBART RA3 | TAS |
Albany Community Radio Inc. | 10042 | ALBANY RA2 | WA |
|
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 provide a comprehensive framework for the regulation of broadcasting services in Australia, addressing the need for a structured approach to the allocation and regulation of broadcasting services. The Act was introduced by the Commonwealth Parliament to ensure that broadcasting services are provided in a manner that is consistent with the public interest, including the provision of diverse and high-quality broadcasting content. The Australian Communications and Media Authority (ACMA) is the body responsible for the administration of the Act, with a policy objective to ensure that broadcasting services are managed in a way that reflects the values and needs of the Australian community. The ACMA's role includes the assessment of applications for the renewal of broadcasting service licences, ensuring that licensees continue to be suitable to hold such licences. This involves considering the business and ethical records of the applicants, as well as any relevant convictions, to determine whether there is a significant risk of breaches of the Act or licence conditions.
Scope and Application
The Broadcasting Services Act 1992 applies to entities seeking to provide or continue to provide broadcasting services in Australia, including both commercial and community broadcasters. The Australian Communications and Media Authority (ACMA) is responsible for managing the renewal of these licences, ensuring that the entities remain suitable to hold them. Suitability is assessed based on the entity's business record, its track record in situations requiring trust and candour, and the records of key individuals associated with the entity, particularly in the context of potential breaches of the Act or its regulations. The ACMA may refuse to renew a licence if it believes that allowing the entity to continue broadcasting would pose a significant risk of legal infractions or licence breaches. Notably, the Act provides discretion to the ACMA to refuse renewal of community broadcasting licences without the necessity for a formal investigation or hearing, based on the same criteria used for initial licence allocation. The Act's jurisdiction extends nationally, covering various states and territories as demonstrated by the listed licence renewal applications.
Key Provisions
The Broadcasting Services Act 1992 (the Act) is the primary piece of legislation governing broadcasting services in Australia. Section 90(2) of the Act mandates that the Australian Communications and Media Authority (ACMA) must renew broadcasting service licences unless it determines that an applicant is no longer a suitable licensee. This determination is made according to the provisions of sub-section 83(2) of the Act. The ACMA must consider whether the continued operation of a broadcasting service by an applicant would pose a significant risk of an offence against the Act, a breach of licence conditions, or any other relevant factors specified in the Act. This includes assessing the business record of the company, its history in situations requiring trust and candour, and any prior convictions related to the Act or its regulations.
Entities applying for licence renewals, such as the companies listed in the notice, are required to comply with the conditions set out in their current licences and must meet the suitability criteria as determined by the ACMA. For community broadcasters, this involves demonstrating their commitment to the community and adherence to broadcasting standards. The ACMA may also take into account the broader business record of key personnel associated with the company. It is important for applicants to provide any necessary documentation or information that may assist in the suitability assessment.
Failure to meet the suitability criteria can result in the ACMA refusing to renew a broadcasting licence. In the case of commercial broadcasters, this decision is based on a range of factors, including the potential for legal violations or breaches of licence conditions. For community broadcasters, the refusal may also be influenced by the ACMA's assessment of the entity's alignment with community broadcasting objectives. Any refusal to renew a licence can have significant implications for the broadcasting entity, including the cessation of their service and potential loss of revenue.
Under the Act, there are no prescribed penalties for the ACMA's decisions regarding licence renewals. However, entities whose applications are refused may have the right to appeal the decision. The appeal process is governed by the Administrative Appeals Tribunal (AAT) and involves a formal review of the ACMA's decision. In cases where an entity is found to have committed an offence under the Act, separate penalties may apply, including fines and other sanctions. It is crucial for broadcasters to maintain compliance with the Act and its associated regulations to avoid any potential legal repercussions.