Federal Register of Legislation - Australian Government

Primary content

Bookmark

This gazette
Administered by: Communications and the Arts
Published Date 08 Jul 2019

 

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

 

Clarence Valley Christian Broadcasters Inc

1150059

GRAFTON RA2

NSW

 

Lake Macquarie FM Inc

1150043

LAKE MACQUARIE RA1

NSW

 

8CCC Community Radio Incorporated

10179

ALICE SPRINGS RA2

NT

 

Dalby Broadcasting Association Inc

1150099

DALBY RA1

QLD

 

Geelong Ethnic Communities Council Inc

5087

GEELONG RA1

VIC

 

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)).