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 |
Riverina Broadcasters (Holdings) Pty Ltd | 4136 | WAGGA WAGGA RA1 | NSW |
Bundaberg Broadcasters Pty Ltd | 4169 | BUNDABERG RA1 | QLD |
Prime Radio (Mackay-AM) Pty Limited | 4181 | MACKAY RA1 | QLD |
Radio Central Victoria Pty Ltd | 10098 | MILDURA RA1 | VIC |
Commonwealth Broadcasting Corporation Pty Ltd | 4103 | SYDNEY RA1 | NSW |
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, enacted by the Parliament of Australia, was introduced to regulate broadcasting services in Australia and to establish the Australian Communications and Media Authority (ACMA) to oversee these services. The Act was intended to address the need for a regulatory framework that ensures compliance with broadcasting standards and the protection of public interest. The policy objective of the Act is to maintain a broadcasting system that serves the public interest by providing diverse and high-quality services. As part of the legislative framework, the Act includes provisions for the renewal of broadcasting service licenses, where the ACMA is responsible for determining the suitability of licensees based on their business and compliance records. This renewal process is intended to ensure that broadcasters continue to meet the standards and obligations set out in the Act.
Scope and Application
The Broadcasting Services Act 1992 governs the regulation of broadcasting services in Australia, with the Australian Communications and Media Authority (ACMA) being the principal regulatory body. The Act applies to entities seeking to provide commercial broadcasting services, such as television and radio, within Australia. Specifically, the notice concerns the renewal of commercial broadcasting service licenses for several companies, including Riverina Broadcasters, Bundaberg Broadcasters, Prime Radio, Radio Central Victoria, and Commonwealth Broadcasting Corporation, each operating in different regions across NSW, QLD, and VIC. The ACMA must consider whether these entities remain suitable licensees based on their compliance history, business and personal records of their executives, and any prior convictions related to broadcasting regulations. The Act stipulates that the ACMA does not need to conduct a formal investigation or hearing to determine license renewal, focusing instead on the suitability of the applicants. This legislation extends its reach across the Commonwealth of Australia, ensuring consistent regulation of broadcasting services nationwide.
Key Provisions
The Broadcasting Services Act 1992 governs the broadcasting industry in Australia, including the renewal of broadcasting service licenses. Section 46(2) mandates that the Australian Communications and Media Authority (ACMA) must renew the licenses of commercial broadcasting companies unless it determines that the applicant is unsuitable. This determination is based on the company's business record, its history in situations requiring trust and candour, and the personal records of its chief executive, directors, and secretary, including any prior convictions related to the Act or its regulations.
Companies such as Riverina Broadcasters (Holdings) Pty Ltd, Bundaberg Broadcasters Pty Ltd, Prime Radio (Mackay-AM) Pty Limited, Radio Central Victoria Pty Ltd, and Commonwealth Broadcasting Corporation Pty Ltd have applied for license renewals. The ACMA's decision to renew these licenses hinges on whether allowing the companies to continue providing commercial broadcasting services would pose a significant risk of committing an offence under the Act or breaching the license conditions. If the ACMA finds such a risk, it can deem the applicant unsuitable.
The ACMA is obligated to consider several factors when assessing suitability, including the applicant's business record, their track record in situations requiring honesty and integrity, the personal records of the company's chief executive, directors, and secretary, and any prior convictions related to the Act or its regulations. Importantly, section 47(3) of the Act specifies that the ACMA does not need to conduct an investigation or hold a hearing to decide whether to renew a commercial broadcasting license.
If the ACMA determines that an applicant is unsuitable, it has the authority to refuse license renewal. This decision can have significant consequences for the company, potentially leading to the cessation of their broadcasting services. The penalties for non-compliance with the Act or its regulations, or for breaching the conditions of a license, can include fines and other civil or criminal sanctions as specified in the relevant provisions of the Act.