Application for Renewal of Licence - Community Radio Licensees

Overview

The Broadcasting Services Act 1992 was enacted to regulate broadcasting services in Australia, ensuring that these services operate within a legal framework that protects the public interest and maintains standards of broadcasting. This Act was introduced to address the need for a comprehensive regulatory structure to oversee the diverse broadcasting landscape, including both commercial and community broadcasters. The Act provides the Australian Communications and Media Authority (ACMA) with the authority to issue, vary, suspend, and cancel broadcasting licenses, as well as to enforce compliance with the broadcasting standards and practices. The policy objective of the Act is to promote a broadcasting system that is diverse, independent, and of high quality, while also ensuring that the rights and interests of the public are protected. The ACMA is mandated to renew licenses unless there is a determination that the licensee is no longer suitable, reflecting a commitment to both regulatory oversight and the support of community broadcasting services.

Scope and Application

The Broadcasting Services Act 1992 applies to entities that provide broadcasting services in Australia, specifically those holding broadcasting service licenses, and it encompasses both commercial and community broadcasters. The Act's jurisdiction extends across the Commonwealth of Australia, including all states and territories. It applies to the conduct and transactions of these entities in the provision of broadcasting services. The Act's scope includes the renewal of licences, where the Australian Communications and Media Authority (ACMA) assesses the suitability of the applicant based on their business record, integrity, and compliance history. Notably, the Act provides certain exemptions and thresholds for community broadcasting licences, under which the ACMA does not need to conduct an investigation or hearing as part of the renewal process. However, the ACMA retains the authority to refuse a renewal if it deems the applicant unsuitable, taking into account specific criteria related to potential risks and compliance issues. Subordinate instruments may further extend or clarify the application of the Act in specific contexts.

Key Provisions

The Broadcasting Services Act 1992 (the Act) outlines the key provisions concerning the renewal of broadcasting service licenses, as indicated in the Gazette (C2015G00229). According to section 90(2) of the Act, the Australian Communications and Media Authority (ACMA) notifies that certain companies have applied for the renewal of their broadcasting service licenses. These companies include Central Victorian Gospel Radio Inc. for the Bendigo RA5 region in Victoria, Eastern Community Broadcasters Inc. for the Melbourne East RA1 region in Victoria, and Radio for the Print-Handicapped of NSW Co-op Ltd for the Community RA1 region in New South Wales. The Act mandates the ACMA to renew these licenses unless it determines that the applicant is no longer a suitable licensee. A company is deemed suitable if the ACMA does not find that subsection 83(2) of the Act applies to the company. The ACMA can decide that subsection 83(2) applies 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 an offence against the Act or the regulations being committed, or a breach of the licence conditions occurring. In making this decision, the ACMA must consider several factors, including the business record of the company, the company's record in situations requiring trust and candour, the business record of individuals who would control the licence, and whether the company or any relevant individuals have been convicted of an offence against the Act or the regulations. Additionally, under subsection 91(2A) of the Act, the ACMA may refuse to renew a community broadcasting licence if it considers that it would not allocate such a licence to the licensee based on the matters outlined in subsection 84(2)(a) to (f). Importantly, the Act does not require the ACMA to hold an investigation or a hearing into whether a community licence should be renewed, as stated in subsection 91(3). Breach of the Act’s provisions can lead to severe consequences. For example, if the ACMA finds that a licensee is no longer suitable due to the risk of committing offences or breaching licence conditions, it can refuse to renew the licence. This decision can be legally challenged by the licensee, but the ACMA's assessment is grounded in the detailed criteria outlined in the Act. The refusal to renew a licence can have significant ramifications for the broadcaster, including the potential cessation of their services, which may be subject to further legal and regulatory scrutiny. The Act does not specify maximum penalties for these breaches, but the implications can be substantial for the entities involved.