Notice of Application for Renewal of Licence - Broadcasting Service Licences for Community Radio Licensees

Overview

The Broadcasting Services Act 1992 (the Act) was enacted to regulate broadcasting services in Australia, addressing issues related to the provision of broadcasting services, their regulation, and the licensing of broadcasters. The Act was introduced to ensure the efficient and effective operation of broadcasting services, maintain standards, and protect the public interest. The policy objective of the Act includes fostering diversity and competition in the broadcasting industry while ensuring that services meet community standards and obligations. The Australian Communications and Media Authority (ACMA), as the relevant body under the Act, is responsible for administering the licensing process and ensuring compliance with the Act’s provisions. ACMA notifies the public of licence renewal applications and assesses whether the applicants remain suitable to hold their respective licences, taking into account various factors such as business and personal records, and adherence to broadcasting standards.

Scope and Application

The Broadcasting Services Act 1992 (BSA) governs the regulation of broadcasting services in Australia, with the Australian Communications and Media Authority (ACMA) acting as the regulatory body responsible for issuing, renewing, and overseeing compliance with broadcasting licences. The Act applies to entities that provide broadcasting services, including both commercial and community broadcasters, across various regions and states within Australia. The BSA mandates ACMA to renew broadcasting service licences unless it determines that an applicant is no longer a suitable licensee, a decision that hinges on several factors including the entity's business record, trustworthiness, and compliance history. Specifically, ACMA may refuse to renew a licence if it finds a significant risk of an offence being committed or a breach of licence conditions occurring. This assessment takes into account the records of the company, its controlling individuals, and any convictions related to the Act or its regulations. Notably, while ACMA must consider these factors for commercial broadcasters, it may not need to conduct an investigation or hearing for community broadcasters when deciding on licence renewals.

Key Provisions

The Broadcasting Services Act 1992 (the Act) sets out the conditions under which broadcasting service licences can be renewed. According to section 90(2), the Australian Communications and Media Authority (ACMA) must notify the public of applications for licence renewal. The current notice pertains to applications from several companies for community and commercial radio licences. Companies like Creative Broadcasters Ltd, ArtSound Inc., and others have applied to renew their licences as detailed in the notice. The Act requires ACMA to renew these licences unless it determines that an applicant is no longer a suitable licensee, as per section 83(2). A company is considered suitable if ACMA does not believe that allowing the company to continue providing a broadcasting service would lead to significant risks. These risks include the potential for an offence against the Act or the regulations to be committed, or a breach of the licence conditions to occur. In making this determination, ACMA considers various factors such as the business record of the company, its record in situations requiring trust and candour, and the records of individuals who would control the licence or hold significant positions within the company. ACMA may also refuse to renew a community broadcasting licence if it believes that it would not allocate such a licence to the applicant under the criteria set out in section 84(2). However, the Act does not mandate ACMA to hold an investigation or a hearing specifically for the renewal of a community licence, as stated in section 91(3). In the event of a breach of the Act's provisions, penalties and consequences may apply. While the notice itself does not detail specific penalties, the Act generally provides for both civil and criminal penalties for breaches. Civil penalties can include fines, while criminal penalties may involve imprisonment, fines, or both, depending on the severity and nature of the offence. The maximum penalties are specified within the relevant sections of the Act and can vary widely based on the specific breach.