Notice of Application for Renewal of Licence Under Section 46(2) of the Broadcasting Services Act 1992

Overview

The Broadcasting Services Act 1992 was enacted to establish the framework for the regulation of broadcasting services in Australia. The Act was introduced to address the need for a consistent and comprehensive regulatory structure governing broadcasting services, including commercial, community, and subscription television services, as well as radio broadcasting. The Commonwealth Parliament enacted this legislation to ensure that broadcasting services operate in a manner that is consistent with the public interest and national standards. The Act aims to facilitate the efficient operation of broadcasting services while maintaining standards that reflect community expectations and the diverse needs of Australian society. The Australian Communications and Media Authority (ACMA) plays a crucial role in administering the Act, including the assessment of licence applications and the enforcement of broadcasting standards.

Scope and Application

The Broadcasting Services Act 1992 (the Act) governs the broadcasting services in Australia, including the renewal of broadcasting service licenses, and applies to companies providing commercial broadcasting services. The Act regulates entities such as Central Digital Television Pty Limited, WIN Television SA Pty Ltd, and 2KY Broadcasters Pty Ltd, as evidenced by their applications for license renewals for various service areas across different states. The geographic reach of the Act is national, as it applies to broadcasters operating across multiple states including remote central and eastern Australia, Queensland, South Australia, and New South Wales. The ACMA, under the Act, is responsible for assessing the suitability of these licensees for renewal, taking into account the business and personal records of the company’s executives, and whether there is a risk of future regulatory breaches or offences. The Act mandates the ACMA to renew these licenses unless it determines that a significant risk exists, based on specific criteria including past conduct and convictions. Notably, the Act does not require the ACMA to conduct an investigation or hearing before deciding on the renewal of commercial licenses, streamlining the process while ensuring compliance with broadcasting standards.

Key Provisions

The key provisions of the Broadcasting Services Act 1992 (the Act) in relation to the renewal of broadcasting service licences are found in sections 41, 46, and 47. Section 41(2) of the Act provides that the Australian Communications and Media Authority (ACMA) must not renew a licence if it decides that a significant risk exists that the applicant would commit an offence against the Act or the regulations, or breach the licence conditions. The ACMA makes this determination by considering the business and personal records of the company and its key personnel, including past convictions and conduct in situations requiring trust and candour (subsection 41(3)). Section 46(2) requires the ACMA to notify the public when a licence renewal application has been lodged. Finally, section 47(3) specifies that the ACMA does not need to hold an investigation or a hearing to decide whether to renew a commercial licence, provided the criteria in section 41(2) are not met. The Act imposes several obligations on the parties involved in the licence renewal process. The ACMA must carefully consider the business and personal records of the company and its key personnel to determine whether there is a significant risk that the company would commit an offence or breach licence conditions. The ACMA must also notify the public of any licence renewal applications it receives, as required by section 46(2). The companies applying for licence renewals must provide any information and documentation the ACMA requests in making its determination under section 41(2). If the ACMA decides that section 41(2) applies to a company, it must provide reasons for its decision. Breach of the provisions of the Act can result in criminal and civil penalties. Under section 509, a person who contravenes a provision of the Act or the regulations is liable to a fine of up to 500 penalty units for a corporation, and up to 50 penalty units for an individual. A person who intentionally or recklessly contravenes a provision of the Act or the regulations is liable to a fine of up to 5,000 penalty units for a corporation, and up to 500 penalty units for an individual. The ACMA may also refer matters to law enforcement agencies for criminal investigation if it suspects an offence has been committed. Civil penalties may also apply for breaches of licence conditions, as specified in the licence itself.