AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY
NOTICE OF APPLICATION FOR RENEWAL OF LICENCE UNDER SECTION
46(2) OF THE BROADCASTING SERVICES ACT 1992
In accordance with sub-section 46(2) of the Broadcasting Services Act 1992 (the Act), the Australian Communications and Media Authority (ACMA) hereby notifies that the companies listed below have lodged applications for the renewal of the following broadcasting service licences:
Commercial Broadcasting Licensees
| SL No | Service Area | State |
NETWORK TEN (ADELAIDE) PTY LIMITED | 120 | ADELAIDE TV1 | SA |
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 41(2) of the Act applies to the company.
The ACMA may decide that 41(2) of the Act applies to a licensee if it is satisfied that allowing the licensee to provide or continue to provide a commercial 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 the sub-section applies, the ACMA is required by sub-section 41(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) 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.
The Act does not require the ACMA to hold an investigation or a hearing into whether a commercial licence (sub-section 47(3)) should be renewed.
Overview
The Broadcasting Services Act 1992 was enacted to regulate the broadcasting industry in Australia, ensuring that services are provided in accordance with national standards and community expectations. This legislation was introduced to address the need for a regulatory framework that governs the provision of broadcasting services, both commercial and non-commercial, to maintain quality, diversity, and integrity in the industry. The Act is overseen by the Australian Communications and Media Authority (ACMA), which is tasked with administering and enforcing the provisions of the Act. The policy objective of the Act is to facilitate a broadcasting environment that supports free and open communication while protecting the public from content that may be harmful or offensive. The ACMA is required to consider whether an applicant remains a suitable licensee for the renewal of a broadcasting service licence, taking into account various factors including the applicant's business record and history of compliance with the Act.
Scope and Application
The Broadcasting Services Act 1992 applies to entities that hold broadcasting service licenses in Australia, specifically focusing on commercial broadcasting services. The Act mandates the Australian Communications and Media Authority (ACMA) to oversee the renewal of these licenses, ensuring that the licensees remain suitable to continue their services. Suitability is determined by the ACMA, which considers various factors such as the business and personal records of the company's executives and directors, and whether they have a history of compliance with the Act and its regulations. The Act also outlines that the ACMA may deem a licensee unsuitable if there is a significant risk of offences or breaches occurring under their provision of services. Notably, the Act does not necessitate formal investigations or hearings for license renewals, streamlining the process while maintaining oversight over the suitability of broadcasters.
Key Provisions
The Broadcasting Services Act 1992 (the Act) governs the licensing of broadcasting services in Australia. According to section 46(2), 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 decision hinges on whether the company would pose a significant risk of committing an offence against the Act or its regulations, or breaching the licence conditions, as outlined in section 41(2). To make this determination, the ACMA considers several factors under section 41(3), including the business and personal records of the company and its executives, as well as any prior convictions related to the Act or its regulations.
The obligations imposed by the Act on the ACMA and licensees are primarily centred around the renewal process and the criteria for suitability. The ACMA must review the applications for renewal, assess the suitability of the applicants based on the factors mentioned, and decide whether to renew the licence. The applicants, on the other hand, must comply with the terms of their licence and any conditions imposed by the ACMA. They are also required to provide any information or documentation that the ACMA may need to make its decision.
Breaches of the Act or its regulations, or non-compliance with licence conditions, can result in serious consequences. While the Act does not specify penalties for such breaches, they can lead to the ACMA deciding not to renew the licence. Additionally, there may be civil or criminal consequences depending on the nature and severity of the breach. The maximum penalties for offences under the Act can vary, but they may include substantial fines and, in some cases, imprisonment. The exact penalties would depend on the specific offence and the discretion of the court.