Notice of Application for Renewal of Licence - Community Radio Licensees

Overview

The Broadcasting Services Act 1992 was enacted by the Parliament of Australia to establish a framework for the regulation of broadcasting services within the country, addressing the need for a structured approach to broadcasting regulation, particularly in light of the increasing diversity and complexity of broadcasting technologies and services. The Act aims to ensure that broadcasting services are provided in a manner that is consistent with the public interest, including the protection of cultural diversity and the promotion of access to a range of broadcasting services. The Australian Communications and Media Authority (ACMA) is the body responsible for administering the Act, including the renewal of broadcasting service licences under section 90(2). The policy objective is to maintain the suitability of broadcasters to ensure compliance with broadcasting standards and the prevention of breaches of licence conditions. The ACMA must consider various factors, such as the business and ethical records of applicants, in determining whether to renew a licence.

Scope and Application

The Broadcasting Services Act 1992 (BSA) applies to entities that hold broadcasting service licenses in Australia, including both commercial and community broadcasters. Specifically, this Act governs the operations, compliance with broadcasting standards, and the renewal processes for such licenses. The BSA applies to entities across the Commonwealth of Australia, and the authority to regulate broadcasting services falls under the Australian Communications and Media Authority (ACMA). The BSA provides a framework for the renewal of licenses under section 90(2), which involves the ACMA reviewing applications to determine if the licensee remains suitable to hold such a license. Suitability is assessed based on compliance with the Act and its regulations, the entity's business record, and their record in situations requiring trust and candour. Furthermore, the ACMA can refuse to renew a community broadcasting license if it deems the entity unsuitable based on specific criteria outlined in the Act. Notably, the Act allows the ACMA to make decisions without the necessity for a formal investigation or hearing, particularly in the case of community broadcasting licenses.

Key Provisions

The Broadcasting Services Act 1992 (the Act) mandates that the Australian Communications and Media Authority (ACMA) must consider applications for the renewal of broadcasting service licences as stated in section 90(2). This notice specifies that several community radio broadcasters have applied for licence renewals, including Bayside Community Radio Association Inc. in Queensland, Moreton Media Group Inc. in Queensland, Pirie Community Radio Broadcasters Inc. in South Australia, South Gippsland Radio 3MFM Inc. in Victoria, Kiwirrkura Council Aboriginal Corporation in Western Australia, and Tjukurla Community Inc. also in Western Australia. The ACMA's role under section 90(2) is to renew these licences unless it determines that the applicant is no longer a suitable licensee. A company is deemed suitable if the ACMA decides that sub-section 83(2) of the Act does not apply. This sub-section allows the ACMA to refuse renewal if there is a significant risk of an offence against the Act or the regulations being committed, or if there is a risk of a breach of the licence conditions. In making such a decision, the ACMA must consider various factors including the business record of the company, its record in situations requiring trust and candour, and the records of individuals who control or manage the company. For commercial broadcasters, this includes the business records of those in a position to control the licence, while for community broadcasters, it includes the records of the chief executive and each director and secretary of the applicant. Section 91(2A) of the Act further specifies that the ACMA may refuse to renew a community broadcasting licence if it would not have allocated such a licence at the time of the initial application, taking into account specific criteria. However, it is noteworthy that under sub-section 91(3) of the Act, the ACMA is not required to hold an investigation or a hearing to determine whether a community licence should be renewed. This means that the renewal process does not necessarily involve a formal hearing unless deemed necessary by the ACMA. Failure to comply with the requirements of the Act can result in the ACMA refusing to renew a broadcasting service licence. This refusal can be based on the findings under sub-section 83(2) that the licensee poses a significant risk of breaching the Act or the regulations. Additionally, under section 91(2A), a community broadcasting licence may be refused renewal if the ACMA deems it inappropriate to allocate the licence under the specified criteria. These decisions can have significant implications for the broadcasters, as they may lose their ability to operate without a valid licence.