Notice of Application for Renewal of Licence - Community Radio Licensees

Overview

The Broadcasting Services Act 1992 was enacted by the Australian Parliament to regulate broadcasting services and ensure they are provided in the public interest. This legislation aimed to fill the gap left by the absence of a unified regulatory framework governing the broadcasting sector in Australia. The Australian Communications and Media Authority (ACMA) is responsible for administering this Act, with a key policy objective being the maintenance of standards that ensure broadcasting services do not pose a significant risk to public interest, including preventing offences and breaches of licence conditions. The Act provides the ACMA with the authority to renew broadcasting service licences unless it is satisfied that the licensee poses a significant risk of committing an offence or breaching licence conditions, as per sub-section 83(2). Additionally, for community broadcasting licences, the ACMA may refuse renewal if it would not allocate such a licence under initial conditions. Notably, the Act does not mandate an investigation or hearing for the renewal of community broadcasting licences.

Scope and Application

The Broadcasting Services Act 1992 applies to entities seeking to provide or continue to provide broadcasting services within Australia, including commercial and community broadcasting services. The Act governs the application, renewal, and potential refusal of broadcasting service licences, with the Australian Communications and Media Authority (ACMA) having the responsibility for assessing the suitability of applicants. The ACMA is required to renew licences unless it finds that the applicant is no longer a suitable licensee based on factors such as the business and trust records of the applicant and relevant individuals, and prior convictions under the Act or related regulations. For community broadcasting services, the ACMA has additional grounds to refuse renewal if it would not have initially allocated the licence. Notably, the Act does not mandate an investigation or hearing for community licence renewals, streamlining the process for these specific licences. The geographic reach of the Act is nationwide, applying across all states and territories in Australia.

Key Provisions

Under section 90(2) of the Broadcasting Services Act 1992, the Australian Communications and Media Authority (ACMA) must notify the public that certain companies have submitted applications for the renewal of their broadcasting service licences. Specifically, Vision Australia Limited has applied for the renewal of its licence in Albury, NSW, and Bumma Bippera Media Aboriginal & Torres Strait Islander Corporation has applied for the renewal of its licence in Cairns, QLD. The ACMA is mandated to proceed with the renewal of these licences unless it determines that the applicant is no longer a suitable licensee under sub-section 83(2) of the Act. The suitability of a licensee is determined based on several criteria. According to the Act, the ACMA must consider the business record of the applicant, as well as their record in situations requiring trust and candour. For commercial broadcasters, this involves assessing the business records of individuals who would control the licence. For community broadcasters, the focus is on the records of the chief executive, directors, and the secretary. Additionally, the ACMA must take into account any convictions of the company or relevant individuals under the Act or its regulations. If the ACMA is satisfied that renewing the licence would lead to a significant risk of an offence being committed or a breach of licence conditions, it may decide that sub-section 83(2) applies, thus deeming the applicant unsuitable. Furthermore, the ACMA has the authority to refuse the renewal of a community broadcasting licence under sub-section 91(2A) if it deems that it would not allocate the licence based on the criteria outlined in paragraphs 84(2)(a) to (f). This provision allows the ACMA to assess the overall suitability of the applicant based on a range of factors including community benefit, compliance history, and the applicant's ability to meet the obligations of the licence. Notably, the Act does not mandate the ACMA to hold an investigation or a hearing into whether a community licence should be renewed (sub-section 91(3)). In terms of the consequences for non-compliance, while the Act does not explicitly detail penalties for failing to comply with the provisions for licence renewal, any breaches of the Act or its regulations, or violations of licence conditions, could lead to enforcement actions. These actions may include fines, licence suspension, or revocation, depending on the severity and nature of the breach. The exact penalties would be determined in accordance with the relevant sections of the Act and any associated regulations.