Notice of Application for Renewal of Licence - Broadcasting Services Licence for Community Radio Licensees

Overview

The Broadcasting Services Act 1992 was enacted to regulate the provision of broadcasting services in Australia, ensuring that broadcasters meet certain standards and conditions. The Act was introduced to address the need for a regulatory framework that balances the freedom of expression with the public interest, particularly in the context of commercial and community broadcasting services. The Act is administered by the Australian Communications and Media Authority (ACMA), which is responsible for assessing applications for the renewal of broadcasting licences. The policy objective of the Act, as evidenced in its provisions, is to ensure that broadcasting services are provided responsibly and ethically, with a particular focus on preventing significant risks of regulatory breaches or offences. In accordance with section 90(2) of the Act, the ACMA notifies the public when applications for the renewal of broadcasting service licences are submitted. The ACMA must renew these licences unless it decides that the applicant is no longer a suitable licensee, which can occur if there is a significant risk of regulatory breaches or offences occurring. The suitability of a licensee is determined by considering the applicant's business and ethical records, as well as the records of key individuals associated with the company. For community broadcasting services, the ACMA may also refuse renewal if it would not have allocated the licence in the first place. The Act does not mandate an investigation or hearing for community licence renewals, reflecting a streamlined process intended to efficiently manage these applications.

Scope and Application

The Broadcasting Services Act 1992 applies to entities that provide commercial or community broadcasting services in Australia, including the companies listed in the notice for licence renewal. The Act encompasses both the entities themselves and the individuals who control or manage these entities, particularly when it comes to community broadcasting services. The geographic reach of the Act is national, applying across all states and territories in Australia. The Act provides for the renewal of broadcasting service licences, subject to the suitability of the licensee, as determined by the Australian Communications and Media Authority (ACMA). The ACMA assesses the suitability based on various factors, including the business and trust records of the company and relevant individuals, as well as past convictions related to the Act or its regulations. The Act also allows for the refusal of licence renewal for community broadcasting services if certain conditions are not met, without necessitating an investigation or hearing. The Act’s provisions are extended through subordinate instruments, which may provide further detail on the assessment criteria and procedural requirements.

Key Provisions

The Broadcasting Services Act 1992 (the Act) outlines the process for the renewal of broadcasting service licences, specifically under section 90(2). This section mandates that the Australian Communications and Media Authority (ACMA) must notify the public of applications for licence renewals by eligible entities. The entities currently seeking renewal of their community radio licences include Narrandera District Community Radio Inc., RDJ-FM Community Radio Co-op Ltd, Joy Melbourne Inc., Light Melbourne Inc., South Eastern Indigenous Media Association Inc., and Student Youth Network Inc., each serving specific regions in New South Wales and Victoria. The ACMA is obligated to renew these licences unless it determines that the applicant is no longer a suitable licensee, as defined under sub-section 83(2) of the Act. The suitability of a licensee is determined based on several criteria. The ACMA must consider the business record of the company and its history in situations requiring trust and candour. For commercial licensees, the records of individuals who would control the licence are also evaluated, while for community licensees, the records of the chief executive, directors, and secretary are scrutinised. Additionally, any convictions of the company or relevant individuals under the Act or its regulations are taken into account. If the ACMA is satisfied that the continued operation of the licence poses a significant risk of an offence or licence condition breach, it may refuse renewal. Failure to meet the suitability criteria or other specified conditions under paragraphs 84(2)(a) to (f) may result in the ACMA refusing to renew a community broadcasting licence. Notably, the Act does not require the ACMA to conduct an investigation or hearing to decide on the renewal of a community licence, as outlined in sub-section 91(3). Any breach of the Act or its regulations, or failure to meet the specified criteria, could result in the non-renewal of the licence, thereby impacting the entity's ability to continue broadcasting.