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

Overview

The Broadcasting Services Act 1992 was enacted by the Australian Parliament to regulate broadcasting services across Australia, addressing gaps in the oversight and regulation of broadcasting activities. This legislation established the Australian Communications and Media Authority (ACMA) to administer the Act, ensuring compliance with broadcasting standards and the public interest. The policy objective of the Act is to maintain a broadcasting system that serves the Australian public through a diverse range of services. ACMA has the responsibility to assess applications for the renewal of broadcasting service licences, ensuring that licensees remain suitable to provide broadcasting services without significant risk of breaching the Act or its regulations. This involves considering the business and ethical records of applicants and whether they meet the standards necessary for trust and candour in broadcasting.

Scope and Application

The Broadcasting Services Act 1992 applies to entities that seek to provide or continue to provide either commercial or community broadcasting services in Australia. Specifically, the Act governs the operations of entities that hold broadcasting service licences, including those listed in the notice for renewal, such as Ethnic Broadcasters Inc., Caboolture Community FM Radio Association Inc., and Radio Yesteryear Inc. The Act’s jurisdiction extends across the Commonwealth of Australia, covering both metropolitan and regional areas as indicated by the service areas of the mentioned licensees. However, the Act does not mandate that the Australian Communications and Media Authority (ACMA) conduct an investigation or hearing when considering the renewal of a community broadcasting licence, as stipulated in subsection 91(3). The Act also includes provisions for ACMA to refuse to renew a licence if it deems the licensee unsuitable, based on factors such as the entity's business and ethical record, and convictions against the entity or its key personnel.

Key Provisions

The Broadcasting Services Act 1992 (the Act) governs the application process for the renewal of broadcasting service licences, particularly for community radio licensees. According to section 90(2), the Australian Communications and Media Authority (ACMA) must notify the public of applications for licence renewals. The notification includes the names of the companies and the service areas of the licences in question (section 90(2)). In this instance, Ethnic Broadcasters Inc., Caboolture Community FM Radio Association Inc., and Radio Yesteryear Inc. have applied for their respective licence renewals. ACMA is mandated to renew these licences unless it determines that the applicants are no longer suitable licensees, which is defined by section 83(2) of the Act. The suitability of a licensee is assessed based on several factors, as outlined in section 83(3). ACMA considers the business record of the company, their track record in matters requiring trust and candour, and the business records and personal histories of individuals who would control or be in a position of authority within the company. Specifically, for commercial broadcasters, the records of those in control are evaluated, while for community broadcasters, the records of the chief executive and each director and secretary are considered. Additionally, any convictions of these individuals under the Act or the regulations are taken into account. If ACMA believes that allowing the licensee to continue to provide a service would result in a significant risk of an offence being committed or a breach of licence conditions, it may refuse to renew the licence. The Act also specifies that ACMA may refuse to renew a community broadcasting licence if it deems it would not allocate the licence to the applicant under section 91(2A), considering the factors listed in section 84(2)(a) to (f). Notably, section 91(3) of the Act clarifies that ACMA is not required to conduct an investigation or hold a hearing before deciding on the renewal of a community broadcasting licence. This streamlined process aims to efficiently manage the renewal of broadcasting licences while ensuring that only suitable entities continue to operate. The consequences of non-compliance with the Act are outlined in the respective sections, which provide for both civil and criminal penalties. For instance, under section 161, any person who contravenes the Act or the regulations may be subject to a civil penalty, which in some cases can be significant. Additionally, section 170 of the Act specifies that a person who contravenes certain provisions may be subject to criminal penalties, which can include fines and imprisonment, depending on the severity of the offence. These provisions ensure that the broadcasting services adhere to the standards and regulations set forth by the Act, thereby maintaining the integrity and quality of broadcasting services in Australia.