Notice of Application for Renewal of Licence - Community Radio Licensees

Overview

The Broadcasting Services Act 1992 was enacted to regulate broadcasting services in Australia, addressing issues of compliance and suitability of broadcasters. The Australian Communications and Media Authority (ACMA) is responsible for overseeing the renewal of broadcasting service licences under this Act, ensuring that only suitable licensees continue to operate. The policy objective of the Act is to maintain high standards of broadcasting and to prevent offences or breaches of licence conditions that could harm the public interest. In the context of licence renewals, the ACMA evaluates applicants based on their business records, history of compliance, and personal records of those in control or leadership positions, ensuring that broadcasters maintain a standard of trust and candour. The Act provides the ACMA with the authority to refuse renewal if it deems the applicant unsuitable, without the necessity of formal investigations or hearings for community broadcasting licences.

Scope and Application

The Broadcasting Services Act 1992 applies to entities such as companies that provide commercial or community broadcasting services within Australia. These entities must hold a broadcasting service licence to operate legally, and the Act provides the framework for the issuance, renewal, and revocation of such licences by the Australian Communications and Media Authority (ACMA). The ACMA considers various factors, such as the business record and trustworthiness of the applicant, to determine the suitability of an entity to hold a licence. The Act applies nationally across Australia, encompassing both Commonwealth and state jurisdictions. Notably, the Act does not require the ACMA to hold an investigation or a hearing specifically for the renewal of community broadcasting licences, although it must consider the suitability of the applicant based on specific criteria if it decides to renew the licence. The Act may also extend its application through subordinate instruments, which further define the operational standards and conditions for broadcasting services.

Key Provisions

According to section 90(2) of the Broadcasting Services Act 1992, the Australian Communications and Media Authority (ACMA) has issued a notice regarding the renewal of broadcasting service licences for specified companies. Specifically, the Christmas Island Community Radio Association Inc. has applied to renew its licence for the Christmas Island radio service, while Peedac Pty Ltd has applied to renew its licence for the Perth radio service. The ACMA must renew these licences unless it determines that the applicant is no longer a suitable licensee under section 83(2) of the Act. The Act requires the ACMA to consider whether a company remains a suitable licensee by assessing various factors. These include the business record of the company, its record in situations requiring trust and candour, and the business and record in situations requiring trust and candour of individuals who would control the licence. For commercial broadcasters, the ACMA looks at the records of those in control of the licence, whereas for community broadcasters, it examines the records of the chief executive and each director and secretary of the applicant. Additionally, the ACMA must consider whether any of these individuals have been convicted of offences under the Act or regulations. The ACMA has the authority to refuse to renew a community broadcasting licence if it determines, based on the criteria outlined in section 84(2), that it would not allocate the licence to the applicant if it were making an initial decision on the licence allocation. It is important to note that the Act does not require the ACMA to conduct an investigation or hold a hearing to determine whether to renew a community broadcasting licence, as stated in section 91(3). If the ACMA decides not to renew a licence, it must provide the applicant with a written explanation of its decision, as required by section 91(4) of the Act. Additionally, any person aggrieved by a decision not to renew a licence may appeal to the Administrative Appeals Tribunal, as stipulated in section 91(5). Failure to comply with the Act's provisions, including the failure to renew a licence when required, may result in civil or criminal penalties, as outlined in other sections of the Act.