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 |
North West Radio Pty Ltd | 10074 | BUNBURY RA1 | WA |
Golden West Satellite Communications Pty Ltd | 4747 | WESTERN ZONE TV1 | 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 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 establish the framework for the regulation of broadcasting services in Australia, addressing the need for a structured approach to the management and oversight of broadcasting activities. This legislation was introduced to ensure that broadcasting services operate in accordance with national standards and regulations, thereby protecting the interests of the public and the industry. The Act is administered by the Australian Communications and Media Authority (ACMA), which is tasked with issuing, renewing, or cancelling broadcasting service licenses. The policy objective of the Act is to ensure that broadcasting services are provided in a manner that is consistent with the public interest, maintaining high standards of content and operation. The ACMA is responsible for assessing whether a licensee remains suitable for their role, considering factors such as compliance history and business integrity, to mitigate risks associated with broadcasting operations.
Scope and Application
The Broadcasting Services Act 1992 applies to companies seeking to provide or continue to provide commercial broadcasting services within Australia, regulating their conduct and the conditions under which they operate. Specifically, the Act governs the renewal of broadcasting service licences, such as those held by North West Radio Pty Ltd and Golden West Satellite Communications Pty Ltd for their respective areas in Western Australia. The ACMA's role in this process is to determine the suitability of licence applicants by assessing whether they pose a significant risk of breaching the Act or its regulations, based on factors including their business and personal records, and any previous convictions. Notably, the Act allows for the renewal of these licences without the need for a formal investigation or hearing, provided the ACMA is not satisfied that the conditions for refusal under section 41(2) are met. The geographic scope of the Act is national, with its provisions applying across the Commonwealth of Australia, ensuring a consistent regulatory framework for commercial broadcasting services throughout the country.
Key Provisions
The Broadcasting Services Act 1992, particularly section 46(2), requires the Australian Communications and Media Authority (ACMA) to notify the public when companies submit applications for the renewal of their broadcasting service licences. In this case, North West Radio Pty Ltd has applied for the renewal of its licence in Bunbury, RA1, Western Australia, and Golden West Satellite Communications Pty Ltd has applied for the renewal of its licence in the Western Zone TV1, Western Australia. The ACMA must renew these licences unless it decides that the applicant is no longer a suitable licensee, a determination based on whether the conditions set out in section 41(2) apply.
The obligations under section 41(2) of the Act pertain to the suitability of the licensee. The ACMA considers several factors to determine if a company is a suitable licensee, including the company's business record, its history in situations requiring trust and candour, and the records of its chief executive, directors, and secretaries. If any of these individuals have a history of convictions under the Act or the regulations, it may influence the ACMA's decision. The ACMA must ensure that the company does not pose a significant risk of committing an offence against the Act or regulations, or breaching the conditions of the licence.
Failing to meet the requirements of the Act can lead to significant consequences. If the ACMA finds that a company does not meet the suitability criteria under section 41(2), it may refuse to renew the broadcasting service licence. This decision can be appealed, but the ACMA's determination is binding unless overturned by a court. The refusal to renew a licence can disrupt the company's operations, leading to financial loss and reputational damage. Additionally, continued operation without a valid licence can result in civil or criminal penalties as stipulated under the Act.