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

Overview

The Broadcasting Services Act 1992 was enacted by the Australian Parliament to regulate the broadcasting services industry, ensuring that broadcasting services are provided in a manner that is consistent with the public interest. The Act establishes a licensing system for commercial and community broadcasting services, with the Australian Communications and Media Authority (ACMA) as the licensing authority. The Act aims to ensure that broadcasters comply with certain standards and obligations, including those related to content, service quality, and the protection of children. The Act also provides for the review of broadcasting services and the imposition of penalties for non-compliance. The Gazetted notice from ACMA indicates that several community radio licensees have applied for the renewal of their broadcasting service licences. ACMA must decide whether these licensees are suitable to continue providing broadcasting services based on their business and ethical records, and whether their continued operation would pose a significant risk of non-compliance with the Act or its regulations. ACMA may also refuse to renew a community broadcasting licence if it considers that it would not allocate such a licence if it were deciding whether to allocate the licence to the licensee.

Scope and Application

The Broadcasting Services Act 1992 applies to entities that provide or wish to provide commercial or community broadcasting services in Australia. The Act governs the licensing of these services and sets out the criteria that the Australian Communications and Media Authority (ACMA) must consider when deciding whether to grant or renew a licence. The Act applies to both companies and individuals seeking to provide broadcasting services, with specific provisions for commercial and community broadcasters. ACMA is required to renew a broadcasting service licence unless it determines that the applicant is no longer a suitable licensee, based on factors such as the applicant's business record, trustworthiness, and compliance history. The Act also allows ACMA to refuse to renew a community broadcasting licence if it considers that it would not allocate such a licence if it were deciding whether to allocate the licence to the licensee. The Act extends to the entire Commonwealth of Australia and includes provisions for subordinate instruments to further detail the application and enforcement of the Act.

Key Provisions

Section 90(2) of the Broadcasting Services Act 1992 mandates that the Australian Communications and Media Authority (ACMA) must notify the public that certain entities have applied for the renewal of their broadcasting service licences. The entities involved include Kiewa Valley Community Radio Association Inc., Bidjara Media & Broadcasting Company Ltd, Central Victorian Community Broadcasters Inc., Vision Australia Limited, and Goldfields Community Radio Co-operative Ltd. Each of these entities operates under specific service numbers and service areas as listed in the notification. ACMA is required to renew these licences unless it determines that the applicant is no longer a suitable licensee. To determine suitability, ACMA considers whether sub-section 83(2) of the Act applies. This sub-section could be invoked if ACMA believes that allowing the licensee to continue providing broadcasting services would lead to a significant risk of committing an offence against the Act or regulations or breaching the licence conditions. In making this decision, ACMA is guided by several factors: the business record of the company, the company's record in situations requiring trust and candour, the business records of individuals who would control the licence or who hold key positions within the company, and whether these individuals have prior convictions under the Act or regulations. Further, under sub-section 91(2A) of the Act, ACMA may refuse to renew a community broadcasting licence if it finds that it would not allocate the licence in the first place, based on criteria outlined in sub-section 84(2). This includes factors such as the community service obligations, financial viability, and compliance history of the applicant. Notably, sub-section 91(3) clarifies that ACMA is not required to hold an investigation or a hearing to decide on the renewal of a community broadcasting licence. Regarding the potential consequences for non-compliance, the Act imposes both civil and criminal penalties for breaches. Civil penalties can include fines, while criminal penalties might involve imprisonment, depending on the severity of the breach. The maximum penalties are stipulated within the Act and can vary based on the nature and extent of the offence. For instance, serious breaches may result in fines exceeding $100,000 for individuals and significantly higher amounts for corporations, along with potential imprisonment terms. The exact penalties are detailed within the Act and are enforced to ensure compliance with broadcasting regulations.