NOTICE OF APPLICATION FOR RENEWAL OF LICENCE UNDER SECTION
90(2) OF THE BROADCASTING SERVICES ACT 1992
In accordance with sub-section 90(2) of the Broadcasting Services Act 1992 (the Act), the Australian Communications and Media Authority (the ACMA) hereby notifies that the companies listed below have lodged applications for the renewal of the following broadcasting service licences:
Community Radio Licensees | SL No | Service Area | State |
Valley FM Broadcasters Association Inc | 1150646 | TUGGERANONG RA1 | ACT |
Bega Access Radio Inc | 1150188 | BEGA RA2 | NSW |
Central Hunter Community Broadcasters Incorporated | 1150040 | CESSNOCK / MAITLAND RA1 | NSW |
Port Stephens FM Radio Inc | 1150042 | PORT STEPHENS RA1 | NSW |
South East Community Access Radio Inc | 3075 | MOUNT GAMBIER RA2 | SA |
Vision Australia Limited | 10257 | BENDIGO RA2 | VIC |
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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 83(2) of the Act applies to the company.
The ACMA may decide that sub-section 83(2) of the Act applies to a licensee if it is satisfied that allowing the licensee to provide or continue to provide either a commercial or a community 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 these sub-sections apply, the ACMA is required by sub-section 83(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) (commercial) the business record of each person who is, or would be, if a licence were allocated to the applicant, in a position to control the licence; or (community) 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.
Under sub-section 91(2A) of the Act, the ACMA may also refuse to renew a community broadcasting licence if, having regard to matters in paragraphs 84(2)(a) to (f), it considers that it would not allocate such a licence if it were deciding whether to allocate the licence to the licensee.
The Act does not require the ACMA to hold an investigation or a hearing into whether a community licence should be renewed (sub-section 91(3)).
Overview
The Broadcasting Services Act 1992 (the Act) was enacted to regulate broadcasting services in Australia and was introduced to address the need for a regulatory framework that ensures compliance with standards and protects the public interest in broadcasting. The Act was enacted by the Parliament of Australia. The Australian Communications and Media Authority (ACMA), as stipulated in the Act, is tasked with managing the renewal of broadcasting service licenses. A key policy objective of the Act is to ensure that broadcasters operate within a regulatory environment that upholds the standards of the industry and serves the public interest, while also providing a mechanism for the renewal of licenses for suitable licensees. The ACMA is responsible for determining the suitability of licensees based on their compliance history, business integrity, and past conduct in relation to trust and candour.
Scope and Application
The Broadcasting Services Act 1992 applies to entities seeking to provide or continue to provide broadcasting services in Australia, including both commercial and community broadcasters. This Act governs the licensing, operation, and conduct of broadcasting services across the nation, with the Australian Communications and Media Authority (ACMA) being the key regulatory body responsible for overseeing compliance and renewal of broadcasting service licences. The ACMA is mandated to renew broadcasting service licences unless it determines that the applicant is no longer a suitable licensee based on specific criteria such as the entity's business record, their history in situations requiring trust and candour, and whether they have been convicted of any offences under the Act or its regulations. Notably, the Act provides the ACMA with the discretion to refuse to renew a community broadcasting licence if it would not allocate such a licence in the first instance, considering various factors outlined in the Act. The ACMA is not obligated to conduct an investigation or hold a hearing specifically for the renewal of community broadcasting licences, streamlining the renewal process while still ensuring that only suitable entities are permitted to operate.
Key Provisions
The Broadcasting Services Act 1992 (the Act) provides for the regulation of broadcasting services in Australia, including the licensing of community radio broadcasters. Section 90(2) mandates that the Australian Communications and Media Authority (ACMA) must renew the licences of community broadcasters unless it finds that an applicant is unsuitable to hold a licence. This is contingent on sub-section 83(2) of the Act, which stipulates that a licensee may be deemed unsuitable if there is a significant risk of committing an offence against the Act or breaching licence conditions. To determine this, the ACMA must consider the applicant’s business record, their record in situations requiring trust and candour, and the records of individuals who control or manage the business. For commercial broadcasters, the business records and records of those who would control the licence are also considered.
The Act imposes specific obligations on both the ACMA and the licence applicants. The ACMA must review each application for renewal and decide whether the applicant is still a suitable licensee based on the criteria outlined in sub-section 83(2). This includes evaluating the applicant’s history and the trustworthiness of key personnel. For community broadcasters, the ACMA may also consider additional factors outlined in paragraphs 84(2)(a) to (f) when deciding not to renew a licence. The ACMA is not required to hold an investigation or hearing for community broadcasting licence renewals, as per sub-section 91(3).
Breaches of the Act or its regulations can result in significant consequences for the parties involved. While the Act does not explicitly outline specific criminal or civil penalties for non-compliance with the renewal process, it does provide a framework under which the ACMA can deem a licensee unsuitable. This decision can effectively terminate the broadcasting operations of the licensee. The Act also provides for the ACMA to impose conditions on licences to mitigate risks, and failure to adhere to these conditions can lead to further regulatory action, including potential licence revocation.