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

Overview

The Broadcasting Services Act 1992, enacted by the Commonwealth Parliament, was introduced to regulate broadcasting services in Australia, ensuring compliance with national standards and objectives. The Act provides a framework for the licensing and regulation of commercial and community broadcasting services, aiming to promote diversity and pluralism in the broadcasting sector, as well as to protect the public interest. The Australian Communications and Media Authority (ACMA), as the regulatory body, is tasked with managing the licensing process, including the renewal of broadcasting service licences, under the provisions of this Act. In accordance with section 90(2), ACMA notifies the public of applications for licence renewals and determines whether to renew these licences based on the suitability of the applicants, considering their business and ethical records, and adherence to the conditions set forth in the Act. ACMA is mandated to renew broadcasting service licences unless it determines that the applicant is unsuitable, as per section 83(2) of the Act. The suitability of a licensee is assessed based on the applicant's history of compliance with the Act and its regulations, their business conduct, and their ability to maintain trust and candour in their operations. For community broadcasting services, ACMA may also consider additional factors under section 91(2A) when deciding on licence renewal. The Act stipulates that ACMA is not required to conduct an investigation or hold a hearing for community licence renewals, streamlining the process while maintaining oversight to uphold the integrity and purpose of the broadcasting services.

Scope and Application

The Broadcasting Services Act 1992 applies to entities seeking to provide or continue to provide commercial or community broadcasting services in Australia. Specifically, this notice from the Australian Communications and Media Authority (ACMA) pertains to community radio licensees who have applied for the renewal of their broadcasting service licences. The listed entities, which include various community radio associations and broadcasters, are subject to assessment by ACMA to determine their suitability for licence renewal. ACMA considers a company suitable if there is no significant risk of committing offences against the Act or regulations, or breaching licence conditions. This assessment takes into account the business and conduct records of the applicants and relevant individuals, including any convictions related to the Act or regulations. ACMA may refuse to renew a licence if it deems that it would not allocate the licence based on criteria outlined in the Act, without necessitating an investigation or hearing for community licences. The Act's jurisdiction extends across states and territories, ensuring a uniform approach to broadcasting regulation.

Key Provisions

According to section 90(2) of the Broadcasting Services Act 1992, the Australian Communications and Media Authority (ACMA) must renew broadcasting service licences unless it decides that the applicant is no longer a suitable licensee. The Act stipulates that a company is deemed suitable if ACMA does not determine that subsection 83(2) applies to the company. For a commercial licensee, ACMA may decide that subsection 83(2) applies if it is convinced that allowing the licensee to provide or continue to provide a broadcasting service 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. For a community licensee, the same considerations apply, but with an additional provision in subsection 91(2A) that allows ACMA to refuse to renew the licence if it would not allocate the licence if deciding whether to allocate it to the licensee. ACMA is required to consider the business record of the company, the company's record in situations requiring trust and candour, and the business record of each person who is, or would be, if a licence were allocated to the applicant, in a position to control the licence (subsection 83(3)(a) to (c)). ACMA must also consider the record in situations requiring trust and candour of each such person, and whether the company, or a person referred to in subsection 83(3)(c) or (d), has been convicted of an offence against this Act or the regulations (subsection 83(3)(d) and (e)). The Act does not require ACMA to hold an investigation or a hearing into whether a community licence should be renewed (subsection 91(3)). The Act imposes several obligations and requirements on the parties or entities it governs. Firstly, ACMA must renew broadcasting service licences unless it decides that the applicant is no longer a suitable licensee. A company is a suitable licensee if ACMA does not decide that subsection 83(2) of the Act applies to the company. In deciding whether these subsections apply, ACMA must consider the business record of the company, the company's record in situations requiring trust and candour, and the business record of each person who is, or would be, if a licence were allocated to the applicant, in a position to control the licence. ACMA must also consider the record in situations requiring trust and candour of each such person, and whether the company, or a person referred to in subsection 83(3)(c) or (d), has been convicted of an offence against this Act or the regulations. For community licensees, ACMA may refuse to renew the licence if it would not allocate such a licence if it were deciding whether to allocate the licence to the licensee. The Act does not require ACMA to hold an investigation or a hearing into whether a community licence should be renewed. The Act provides for civil and criminal consequences for breaches. Subsection 178(1) of the Act provides that any person who contravenes a provision of the Act, or a condition of a licence, is guilty of an offence and liable to a penalty not exceeding $10,000. Subsection 178(2) provides that, in proceedings for an offence against the Act, the burden of proof that the person was not aware of the contravention, or that they took all reasonable steps and exercised all due diligence to prevent the contravention, is on the person. Subsection 178(3) provides that, in proceedings for an offence against the Act, the court may order the person to pay to the Commonwealth such amount as the court considers appropriate in the circumstances. The maximum penalty for an offence under subsection 178(1) is $10,000. However, the Act does not provide for any specific maximum penalties for breaches of the licence conditions. In summary, the Broadcasting Services Act 1992 imposes obligations and requirements on ACMA to renew broadcasting service licences unless it decides that the applicant is no longer a suitable licensee. The Act provides for civil and criminal consequences for breaches, with a maximum penalty of $10,000 for any person who contravenes a provision of the Act, or a condition of a licence. The Act does not require ACMA to hold an investigation or a hearing into whether a community licence should be renewed, and does not provide for any specific maximum penalties for breaches of the licence conditions.