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 |
2 HHH FM Ltd | 1150154 | HORNSBY RA1 | NSW |
Townsville Community Broadcasting Company Limited | 3072 | TOWNSVILLE RA3 | QLD |
Inner North Eastern Community Radio Incorporated | 3959 | MELBOURNE NORTH EAST RA1 | VIC |
South Eastern Radio Association Incorporated | 5170 | MELBOURNE SOUTH EAST SUBURBS 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 provide a framework for the regulation of broadcasting services in Australia. It was introduced to address the need for a comprehensive and structured approach to the regulation of commercial and community broadcasting services, ensuring compliance with national standards and the protection of public interest. The Act was enacted by the Commonwealth Parliament and its policy objectives include maintaining and enhancing the diversity of broadcasting services, ensuring compliance with broadcasting standards, and protecting the interests of the public. The Australian Communications and Media Authority (ACMA), as the regulatory body under the Act, is responsible for administering the licensing process, including the renewal of broadcasting service licences. ACMA has the authority to renew these licences unless it determines that a licensee is no longer suitable, which may occur if there is a significant risk of an offence being committed or a breach of licence conditions occurring, taking into account the business and trust records of the applicants.
Scope and Application
The Broadcasting Services Act 1992 applies to entities seeking to provide or continue to provide broadcasting services within Australia, including commercial and community broadcasters. The Act imposes obligations on these entities to ensure compliance with broadcasting standards and conditions. The Australian Communications and Media Authority (ACMA) is responsible for regulating these entities and may renew their licences unless it determines that they are no longer suitable, based on factors such as their business record, history of compliance, and any convictions under the Act. The ACMA may also refuse to renew a community broadcasting licence if it would not allocate the licence in the first instance, considering various specified matters. Notably, the Act does not mandate the ACMA to conduct an investigation or hearing for the renewal of a community broadcasting licence. The geographic reach of the Act is national, as it applies to broadcasters operating across different states and territories in Australia. Subordinate instruments may further detail the specific conditions and processes involved in licence renewals.
Key Provisions
The Broadcasting Services Act 1992 (the Act) mandates that the Australian Communications and Media Authority (ACMA) must renew broadcasting service licences unless it determines that the applicant is no longer a suitable licensee. This is outlined in sub-section 90(2). Specifically, companies such as HHH FM Ltd, Townsville Community Broadcasting Company Limited, Inner North Eastern Community Radio Incorporated, and South Eastern Radio Association Incorporated have lodged applications for licence renewal (sub-section 90(2)). ACMA’s decision on suitability hinges on whether sub-section 83(2) applies, which it may do if there is a significant risk of an offence against the Act or regulations being committed, or a breach of licence conditions occurring. In making this decision, ACMA must consider several factors including the business record of the company, the company’s record in situations requiring trust and candour, and the business and conduct records of individuals who control or are directors of the company.
The obligations imposed by the Act on ACMA include a thorough assessment of the applicant’s suitability based on the criteria listed in sub-section 83(3) of the Act. This involves evaluating the business records and integrity of the company and key individuals associated with it. For commercial broadcasters, this also includes the business record of those in control of the licence, whereas for community broadcasters, it focuses on the chief executive and each director and secretary. ACMA must ensure that all these individuals have not been convicted of offences against the Act or regulations. Furthermore, the Act does not require ACMA to conduct an investigation or hold a hearing to determine whether a community licence should be renewed, as stated in sub-section 91(3).
In the event that ACMA decides not to renew a licence, it may refuse to do so if it would not allocate such a licence if it were initially deciding whether to grant it, taking into account the factors listed in paragraphs 84(2)(a) to (f) (sub-section 91(2A)). This decision-making process is crucial to ensure that only those who are fit and proper persons to hold a broadcasting licence are permitted to do so. There are no explicit offences, penalties, or civil/criminal consequences mentioned in the Act for the failure to renew a licence if ACMA decides against renewal based on the suitability criteria. However, the consequences for the broadcasting company would be the cessation of their broadcasting services, which could have significant commercial and operational impacts.