Notice of Application for Renewal of Licence - Community Radio Licensees

Overview

The Broadcasting Services Act 1992 was enacted to provide a framework for the regulation of broadcasting services in Australia, ensuring that broadcasting services are provided efficiently, effectively, and in the public interest. The Act was introduced to address the need for a cohesive legal structure governing broadcasting services, which included both commercial and community radio. The Australian Communications and Media Authority (ACMA), established under the Act, is responsible for the administration and enforcement of the regulatory provisions. The policy objective of the Act is to promote a broadcasting system that is diverse, of high quality, and serves the interests of the Australian public. The Act aims to maintain a balance between the freedom of expression and the need to regulate content to prevent harm. The ACMA is mandated to renew broadcasting service licences unless it determines that the applicant is no longer a suitable licensee, based on factors including the applicant's business record and compliance history.

Scope and Application

The Broadcasting Services Act 1992 governs the licensing of broadcasting services in Australia, with the Australian Communications and Media Authority (ACMA) responsible for the administration and oversight of these services. The Act applies to both commercial and community broadcasting services and encompasses a range of entities, including companies, individuals, and associations that provide or wish to provide such services. The geographic scope of the Act is national, as it applies across all states and territories of Australia. The ACMA is mandated to renew broadcasting service licences unless it determines that the applicant is no longer a suitable licensee, based on criteria such as the business record, trustworthiness, and previous compliance history of the entity or its controlling individuals. Exclusions from the renewal process include instances where the ACMA may refuse to renew a community broadcasting licence if it would not initially allocate the licence to the applicant based on specified factors. Subordinate instruments may extend or restrict the application of the Act by detailing additional requirements or conditions for licence holders.

Key Provisions

The Broadcasting Services Act 1992 (the Act) governs the operations of broadcasting services in Australia, including the renewal of broadcasting service licences. Section 90(2) of the Act mandates the Australian Communications and Media Authority (ACMA) to notify the public when companies have applied for the renewal of their broadcasting service licences. The recent Gazette entry, C2017G00242, lists several community radio licensees who have submitted applications for the renewal of their licences. These include Yass Community Radio Association Inc. in NSW, MacDonnell Regional Council and MacDonnell Regional Council in the Northern Territory, Hope Vale Aboriginal Council in Queensland, Sunshine Coast Christian Broadcasters Association Inc. in Queensland, Torres Strait Islanders Media Association Inc. in Queensland, Great Southern FM Community Broadcasters Association Inc. in South Australia, Kalamunda Community Radio Inc. in Western Australia. The obligations imposed by the Act on the ACMA in the context of licence renewal are significant. Under section 90(2), the ACMA must renew the broadcasting service licences unless it determines that the applicant is no longer a suitable licensee. A company is considered a suitable licensee if the ACMA is not satisfied that sub-section 83(2) of the Act applies to the company. The ACMA can decide that sub-section 83(2) applies if it is satisfied that allowing the licensee to provide or continue to provide either a commercial or community broadcasting service under a licence would lead to a significant risk of an offence against the Act or the regulations being committed, or a breach of the licence conditions occurring. When making this determination, the ACMA must consider the business record and the record in situations requiring trust and candour of the company, and relevant individuals associated with the company. The Act also provides for the potential consequences of non-compliance with its provisions. If the ACMA decides that a licensee is no longer suitable, it can refuse to renew the licence. For community broadcasting licences, under sub-section 91(2A), the ACMA may refuse renewal if it would not allocate such a licence if it were deciding whether to allocate the licence to the licensee, considering matters specified in paragraphs 84(2)(a) to (f). Importantly, the Act does not require the ACMA to hold an investigation or a hearing into whether a community licence should be renewed, as stated in sub-section 91(3). The penalties for breaching the Act are not specified in the Gazette entry, but generally, breaches can lead to civil or criminal consequences, with penalties varying based on the nature and severity of the offence.