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

Overview

The Broadcasting Services Act 1992 was enacted by the Commonwealth Parliament to regulate broadcasting services, including both commercial and community broadcasting, within Australia. This Act was introduced to address the need for a comprehensive legal framework that would govern the operation, licensing, and standards of broadcasting services, ensuring that they comply with national regulations and serve the public interest. The policy objective of the Act is to maintain high standards in broadcasting services, promote diversity and plurality in media, and protect the interests of the community. The Act provides the Australian Communications and Media Authority (ACMA) with the authority to issue, renew, and revoke broadcasting service licenses, while also establishing guidelines for content standards and compliance. The ACMA is mandated to renew broadcasting service licenses unless it determines that the applicant is no longer a suitable licensee, taking into account factors such as the applicant's business and ethical records, and potential risks of regulatory breaches.

Scope and Application

The Broadcasting Services Act 1992 applies to entities seeking to provide commercial and community broadcasting services in Australia. Specifically, the Act governs the issuance, renewal, and conditions of broadcasting service licenses, ensuring that broadcasters comply with certain standards and obligations. The Australian Communications and Media Authority (ACMA) is responsible for administering the Act, including assessing the suitability of applicants for licensing. The Act's jurisdiction covers the entire Commonwealth of Australia, and its provisions apply to both commercial and community broadcasters. Exclusions and exemptions from the Act are limited, though certain specific types of broadcasting may be regulated under other legislation. The Act allows for the extension of its application through subordinate instruments, such as regulations and codes, which provide further detail on the implementation and enforcement of the Act. Renewal of broadcasting service licenses is governed by sub-section 90(2), which mandates that ACMA must renew a licence unless it determines that the applicant is no longer a suitable licensee. This determination is based on the applicant's business record, history of compliance, and any convictions related to the Act or its regulations.

Key Provisions

The Broadcasting Services Act 1992 (the Act) contains provisions that govern the renewal of broadcasting service licences. Section 90(2) of the Act requires the Australian Communications and Media Authority (ACMA) to notify the public when a company has applied for a licence renewal. This notice includes the names of the companies and the service areas of the licences they are seeking to renew, as seen in the case of Community Media CHY Ltd and Television Sydney (TVS) Limited. ACMA is mandated to renew these licences unless it determines that the applicant is no longer a suitable licensee under sub-section 83(2) of the Act. The suitability of a licensee is determined by ACMA based on several criteria. According to the Act, ACMA may deem a licensee unsuitable if it believes that allowing the licensee to provide or continue to provide either a commercial or a community broadcasting service under a licence would pose a significant risk of committing an offence against the Act or its regulations, or breaching the conditions of the licence. In making this decision, ACMA must consider the business record of the company, the record in situations requiring trust and candour, and the criminal records of individuals who may control the licence, such as the chief executive, directors, and secretaries. ACMA must also take into account the business records and records in situations requiring trust and candour of the individuals who would be in a position to control the licence. This includes assessing whether these individuals have been convicted of offences under the Act or its regulations. Furthermore, under sub-section 91(2A) of the Act, ACMA may refuse to renew a community broadcasting licence if it would not allocate the licence in the first place, taking into account factors listed in sub-section 84(2)(a) to (f). Importantly, sub-section 91(3) of the Act clarifies that ACMA is not required to conduct an investigation or hold a hearing specifically for the purpose of deciding whether to renew a community licence. Failure to comply with the requirements of the Act, or breach of licence conditions, can result in significant consequences. While the Act does not specify the exact nature of the offences, breaches could lead to civil or criminal penalties. These penalties may include fines and, in some cases, imprisonment, depending on the severity of the breach and the specific provisions of the Act or any relevant regulations. The exact penalties are not detailed in the notice but would be defined elsewhere in the Act or associated regulations.