Notice of Application for Renewal of Licence - Community Radio Licensees

Overview

The Broadcasting Services Act 1992 was enacted to regulate the broadcasting industry in Australia, aiming to ensure that broadcasting services are provided efficiently, effectively, and in the public interest. This Act provides the framework for the licensing and regulation of commercial and community broadcasting services. The Australian Communications and Media Authority (ACMA) is the body responsible for managing the licensing process and ensuring compliance with the Act. The primary objective of the Act is to maintain high standards in broadcasting services and to protect the public from harmful or offensive content. The ACMA is tasked with reviewing applications for the renewal of broadcasting service licences, ensuring that only suitable licensees are allowed to continue providing services. A company is deemed suitable if the ACMA determines that there is no significant risk of an offence or breach of licence conditions occurring. The ACMA considers various factors such as the business and personal records of the applicants and any prior convictions related to the Act or its regulations.

Scope and Application

The Broadcasting Services Act 1992 applies to entities that provide broadcasting services in Australia, including both commercial and community broadcasters. This legislation governs the licensing of these services and outlines the criteria by which the Australian Communications and Media Authority (ACMA) determines the suitability of entities to hold these licences. The Act requires that entities meet certain conditions and standards, and the ACMA has the authority to refuse or revoke a licence if it determines that the entity does not meet these standards or poses a significant risk to compliance with the Act. The Act's provisions extend across all states and territories of Australia, ensuring a uniform approach to broadcasting regulation. Exclusions and exemptions within the Act are limited, and the ACMA may further define the scope of application through subordinate instruments or regulations. The Act also provides for the renewal of existing licences, with the ACMA tasked with assessing whether the entity remains a suitable licensee, considering factors such as business and compliance history, and the character and background of individuals in control of the entity.

Key Provisions

The Broadcasting Services Act 1992 (the Act) includes a provision for the renewal of broadcasting service licences, as stipulated in section 90(2). Pursuant to this section, the Australian Communications and Media Authority (ACMA) has issued a notification regarding the applications for licence renewal submitted by several community radio broadcasters. The broadcasters whose applications are detailed in the notice are Bathurst Christian Broadcasters Incorporated (SL No 10275), Wide Bay Christian Broadcasters Association Inc. (SL No 1150058), Tatiara Community FM Broadcasters Inc (SL No 10373), and Para Broadcasters Association Inc. (SL No 1515). The ACMA is obligated to renew these licences unless it determines that an applicant is no longer a suitable licensee. According to the Act, a licensee is deemed suitable if the ACMA does not find that sub-section 83(2) applies to them. The ACMA can determine that this sub-section applies if it is satisfied that allowing the licensee to provide or continue to provide a broadcasting service under a licence would lead to a significant risk of either an offence against the Act or the regulations being committed or a breach of the licence conditions occurring. The ACMA must consider several factors when deciding if sub-section 83(2) applies to a licensee. These factors include the business record of the company, the company's record in situations requiring trust and candour, and the business record of individuals who would control the licence (for commercial broadcasters) or the chief executive, directors, and secretary of the applicant (for community broadcasters). The ACMA must also consider whether the company or any relevant individuals have been convicted of an offence against the Act or the regulations. Furthermore, the ACMA can 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 it to the licensee, taking into account matters specified in sub-section 84(2)(a) to (f). The Act does not mandate the ACMA to conduct an investigation or a hearing to determine whether a community licence should be renewed, as stated in sub-section 91(3). This means that the ACMA can base its decision on the information and records it has, without needing to conduct a formal investigation or hearing. The ACMA's decision to renew or refuse to renew a licence is crucial, as it directly affects the ability of the broadcasters to continue providing services to their communities. If a licence is not renewed, the broadcaster may have to cease operations, which could have significant implications for the communities they serve.