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 |
Maryborough Broadcasting Company Pty Ltd | 1150057 | BUNDABERG RA1 | QLD |
FNQ Broadcasters Cairns Pty Limited | 11550044 | CAIRNS RA1 | QLD |
Whitsundays Broadcasters Pty Ltd | 1150089 | MACKAY RA1 | QLD |
Gold Coast FM Pty Ltd | 4173 | GOLD COAST RA1 | QLD |
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 (the Act) was enacted to regulate broadcasting services in Australia, aiming to ensure that these services are provided in a manner that is in the public interest. The Act establishes the Australian Communications and Media Authority (ACMA) as the regulator responsible for overseeing the compliance of broadcasters with the Act's provisions. The policy objective is to maintain standards of broadcasting that reflect the cultural and social values of the Australian community while promoting diversity and independence in media. The ACMA is mandated to renew broadcasting service licenses unless it determines that the licensee is unsuitable based on criteria including the company's business record, history of compliance, and personal records of key personnel in ensuring trust and candour. This legislative framework ensures that broadcasting services are managed responsibly and ethically, safeguarding against breaches that could harm the public interest.
Scope and Application
The Broadcasting Services Act 1992 applies to commercial broadcasting licensees across Australia, governing the renewal of their broadcasting service licenses. The Australian Communications and Media Authority (ACMA) is responsible for ensuring these licensees meet the criteria for suitability, which includes assessing the business and personal records of company executives and directors to determine if there is a significant risk of future offences or breaches. The Act does not mandate investigations or hearings for license renewals but allows the ACMA to deny renewal if certain conditions are met. The geographic scope of this legislation is nationwide, impacting commercial broadcasters in various regions such as Bundaberg, Cairns, Mackay, and the Gold Coast. This statutory framework is designed to maintain high standards within the broadcasting industry while facilitating the administrative process for license renewals.
Key Provisions
The Broadcasting Services Act 1992 (the Act) contains provisions for the renewal of commercial broadcasting service licences, as specified in Section 46(2). This section mandates that the Australian Communications and Media Authority (ACMA) must renew these licences unless it determines that the applicant is no longer a suitable licensee. The criteria for suitability are outlined in Section 41(2), which states that a company is considered suitable if there is no significant risk that allowing the company to continue providing a broadcasting service would result in an offence against the Act, the regulations, or a breach of licence conditions. To make this determination, the ACMA must consider the company's business record, its history in situations requiring trust and candour, the records of the company's chief executive, directors, and secretary, and any convictions of these individuals under the Act.
The Act imposes specific obligations on the applicants and the ACMA in the licence renewal process. For the applicants, the primary obligation is to submit an application for renewal as per Section 46(2). The ACMA, on the other hand, is obligated to review these applications and decide whether to renew the licences based on the suitability criteria outlined in Section 41(2). The ACMA must take into account the factors specified in Section 41(3), including the company’s and its key personnel's business and ethical records, to make an informed decision.
In terms of consequences, the Act does not outline specific offences or penalties for failing to comply with the licence renewal process. However, if the ACMA determines that a company is not a suitable licensee, it may refuse to renew the licence. This decision can be appealed, but there are no stipulated penalties for breach in the sections provided. The Act does not require the ACMA to conduct an investigation or hold a hearing to decide on the renewal of a commercial licence, as noted in Section 47(3). The primary consequence for non-suitability is the potential denial of licence renewal, which could significantly impact the company's ability to continue broadcasting.