Communications Legislation Amendment (Miscellaneous Measures) Act 2008

Overview

The Communications Legislation Amendment (Miscellaneous Measures) Act 2008 was enacted by the Parliament of Australia to amend existing communications law, primarily focusing on addressing issues related to the renewal of community broadcasting licences. The Act was designed to provide flexibility in the consideration of late applications for licence renewals and to establish clearer timelines for decisions on such applications. This legislative amendment aimed to ensure that the Australian Communications and Media Authority (ACMA) could manage the renewal process effectively, while also providing licensees with a fair opportunity to present their cases, particularly when delays occur. The Act sets out specific criteria for the ACMA to consider when deciding whether to accept and process late applications, as well as consequences for the licensee if the ACMA fails to make a timely decision.

Scope and Application

The Communications Legislation Amendment (Miscellaneous Measures) Act 2008 amends the Broadcasting Services Act 1992 to introduce new provisions regarding the renewal of community broadcasting licences. The Act applies to community broadcasting licensees who hold or seek to renew their broadcasting licences under the Broadcasting Services Act 1992. The Act's amendments extend to the Australian Communications and Media Authority (ACMA) and its role in the assessment and renewal of these licences. The geographic and jurisdictional reach of the Act is within the Commonwealth of Australia, affecting all community broadcasting licensees nationwide. The Act does not specify exclusions or exemptions, but its application is contingent upon the terms set forth in the amendments to the Broadcasting Services Act 1992. The Act came into effect on 3 July 2008 for most provisions and on 4 July 2008 for the schedule detailing the amendments, as per the commencement provisions outlined in the Act. The application of these amendments is specifically directed at renewal applications made after the Act's commencement.

Key Provisions

The Communications Legislation Amendment (Miscellaneous Measures) Act 2008 primarily amends the Broadcasting Services Act 1992, introducing several changes to the process and conditions for renewing community broadcasting licences. Specifically, Section 89 of the Broadcasting Services Act 1992 is altered by inserting "subsection 90(1E) and" after "Subject to". This amendment ensures that the consideration of a late application for licence renewal is subject to the conditions outlined in subsection 90(1E). Subsection 90(1A) is modified to state that an application for licence renewal is subject to subsection (1C), rather than simply being an application. Furthermore, a new subsection 90(1C) is introduced, detailing the circumstances under which the Australian Communications and Media Authority (ACMA) may consider a late application for licence renewal. This includes the requirement for the licensee to submit a written statement explaining the reasons for the lateness of the application, and the ACMA’s consideration of exceptional circumstances. The obligations imposed on parties by the Act include the requirement for licensees to submit late applications for licence renewal before the licence expiration date, accompanied by a written statement explaining the reasons for the lateness. The ACMA is mandated to consider such applications if they are made within the specified timeframe and if exceptional circumstances are evident. Additionally, the ACMA must make a decision on the application within 26 weeks, failing which the application is deemed to be refused. If the ACMA decides to consider a late application and does not make a decision before the licence expiration date, the licence remains in force until a decision is made. The Act also stipulates that the renewal period for the licence is either the period from the decision date to the end of the five-year period beginning from the original expiration date, or the standard five-year period from the original expiration date if the renewal is processed on time. Breach of the provisions concerning the submission and consideration of late licence renewal applications can result in penalties and consequences. For instance, if the ACMA does not make a decision on a late application within 26 weeks, it is taken to have refused the application. Failure to comply with the conditions for late applications, such as not submitting the required written statement or not meeting the specified timeframes, could lead to the automatic refusal of the application. Although the Act does not explicitly state maximum penalties, breaches of such administrative processes could potentially result in enforcement actions by the ACMA or other regulatory consequences, impacting the broadcaster’s operations and compliance status.