Notice of Application for Renewal of Licence - Community Radio Licensees

Overview

The Broadcasting Services Act 1992, enacted by the Commonwealth Parliament, addresses the regulation of broadcasting services in Australia. It provides a framework for the licensing and regulation of commercial and community broadcasting services to ensure they comply with legislative standards. The Act was introduced to address the need for a cohesive regulatory framework that governs the broadcasting industry, ensuring it serves the public interest and adheres to set standards. The Australian Communications and Media Authority (ACMA) is responsible for administering the Act, including the renewal of broadcasting service licences under section 90(2). The policy objective of the Act includes ensuring that broadcasting services do not pose a significant risk of breaching the Act or its regulations and that licensees maintain a record of trustworthiness and compliance.

Scope and Application

The Broadcasting Services Act 1992 applies to entities that hold broadcasting service licences, including commercial and community broadcasters, across Australia. Specifically, the Act regulates these entities by setting the standards and conditions under which they can operate, including the process for licence renewal. The Australian Communications and Media Authority (ACMA) is the regulatory body responsible for managing these licences, ensuring that the entities comply with the Act and its associated regulations. The Act provides for the renewal of these licences unless the ACMA determines that the applicant is no longer suitable. Suitability is assessed based on the entity's compliance history, business record, and integrity, particularly in contexts requiring trust and candour. The Act also allows the ACMA to refuse renewal if it deems the entity unsuitable based on factors such as a risk of breaching the Act or the licence conditions. Notably, the Act does not mandate investigations or hearings for the renewal of community broadcasting licences, though it provides mechanisms for assessing and potentially denying renewal based on the outlined criteria.

Key Provisions

The Broadcasting Services Act 1992, particularly sub-section 90(2), mandates that the Australian Communications and Media Authority (ACMA) must notify the public when applications for the renewal of broadcasting service licences are lodged. This includes community radio licensees such as North Coast Radio Incorporated, Central Australian Aboriginal Media Association, Fraser Coast Community Radio Inc., NAG Radio Broadcasting Association Inc., Tamar FM Inc., Mallee Community Broadcasters Inc., and Vision Australia Limited. Each of these entities has submitted an application for the renewal of their respective licences as specified in the Act. The ACMA is tasked with ensuring that each applicant is a suitable licensee. This determination hinges on whether sub-section 83(2) of the Act applies to the applicant. A company is deemed unsuitable if it poses a significant risk of committing an offence against the Act or the regulations, or breaching the licence conditions. In making this decision, the ACMA must consider several factors: the business record of the company, its history in situations requiring trust and candour, and the business and personal records of individuals who control or are involved in the management of the company. These individuals include those who would be in a position to control the licence if it were allocated, such as directors, secretaries, and chief executives. The ACMA also has the authority under sub-section 91(2A) of the Act to refuse to renew a community broadcasting licence if it considers that it would not allocate such a licence to the applicant based on specific criteria outlined in paragraphs 84(2)(a) to (f). However, it is important to note that the Act does not require 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). Regarding the consequences of non-compliance, while the Act does not explicitly outline specific offences or penalties for failing to comply with the provisions related to licence renewal, breaches of the Act or regulations generally may lead to a range of civil and criminal penalties. For instance, serious breaches could result in fines, imprisonment, or both, depending on the severity and nature of the breach. It is crucial for licensees to ensure they meet all the stipulated requirements to avoid such consequences.