Federal Register of Legislation - Australian Government

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This gazette
— pp 2627 - 2628
Administered by: Broadband, Communications and the Digital Economy
Published Date 10 Oct 2012
Printed Publication Date 10 Oct 2012

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 (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

 

Djarindjin Aboriginal Corporation

10021

DJARINDJIN RA1

WA

 

Looma Community Inc.

10025

LOOMA RA1

WA

 

Looma Community Inc.

3366

LOOMA TV1

WA

 

Barkly Shire Council

10110

ALI CURUNG RA1

NT

 

Barkly Shire Council

3319

ALI CURUNG TV1

NT

 

Katherine Community Radio Inc.

10171

KATHERINE RA1

NT

 

Central Desert Shire Council

10121

LAJAMANU RA1

NT

 

Central Desert Shire Council

3312

LAJAMANU TV1

NT

 

Central Desert Shire Council

10133

PMARA JUTUNTA RA1

NT

 

Central Desert Shire Council

4895

PMARA JUTUNTA TV1

NT

 

Central Desert Shire Council

10142

YUELAMU RA1

NT

 

Central Desert Shire Council

4899

YUELAMU TV1

NT

 

Warlpiri Media Association Inc.

10143

YUENDUMU RA1

NT

 

Warlpiri Media Association Inc.

1993

YUENDUMU TV1

NT

 

Northern Peninsula Area Regional Council

10184

BAMAGA RA1

NT

 

Wangaratta Community Radio Association Inc.

10382

WANGARATTA RA2

VIC

 

SWRFM Community Media Association Inc.

1150152

BLACKTOWN RA1

NSW

 

Horsham & District Community FM Radio Inc.

1150779

HORSHAM RA2

VIC

 

West Gippsland Community Radio Inc.

1150775

WARRAGUL RA2

VIC

 

Dubbo Christian Broadcasters Inc.

10052

DUBBO RA2

NSW

 

Bellinger Community Communications Co-operative Ltd

3041

BELLINGEN RA1

NSW

 

Radio Logan Inc.

1945

LOGAN RA1

QLD

 

Great Lakes Area FM Community Radio Association Incorporated

1583

FORSTER RA1

NSW

 

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 ACMA does not decide that sub-section 83(2) of the Act applies to the company.
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, 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, 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 ACMA to hold an investigation or a hearing into whether a community licence should be renewed (sub-section 91(3)).