Notice of Application for Renewal of Licence - Community Radio Licensees

Overview

The Broadcasting Services Act 1992 was enacted by the Australian Parliament to regulate the broadcasting services in Australia, aiming to fill a legislative gap in the oversight and management of broadcasting activities. This Act provides the framework for the regulation of both commercial and community broadcasting services, ensuring that these services operate within set guidelines to maintain standards of content and operation. The Australian Communications and Media Authority (ACMA) is the key body responsible for the enforcement of the Act, including the renewal of broadcasting service licenses as stipulated in section 90(2). The policy objective underpinning the Act is to ensure that broadcasting services are provided in a manner that upholds the public interest, including considerations of content standards, community service obligations, and the prevention of breaches of the Act. The ACMA must assess the suitability of licensees for renewal, considering factors such as the business and ethical records of the applicants, to ensure that the services continue to meet the regulatory requirements and public interest considerations.

Scope and Application

The Broadcasting Services Act 1992 (the Act) applies to entities that hold broadcasting service licenses in Australia, such as the community radio companies mentioned in the notice of application for licence renewal. This includes both commercial and community broadcasting services and extends across all states and territories of Australia. The Act mandates the Australian Communications and Media Authority (ACMA) to assess the suitability of licence holders to ensure compliance with the Act and its regulations. The Act requires the ACMA to consider various factors including the business and personal records of the applicants, their history in situations requiring trust and candour, and any prior convictions related to the Act or its regulations. The Act provides the ACMA with the authority to refuse to renew a licence if it determines that the applicant poses a significant risk of committing an offence or breaching licence conditions. Notably, the Act allows for the renewal of community broadcasting licences without requiring an investigation or hearing, as long as the ACMA is satisfied that the licensee remains suitable based on the outlined criteria. The application of the Act can be extended or modified through subordinate instruments, allowing for flexibility in the regulation of broadcasting services.

Key Provisions

The Broadcasting Services Act 1992 (the Act) contains provisions for the renewal of broadcasting service licences. Specifically, under section 90(2), the Australian Communications and Media Authority (ACMA) must notify the public when applications for licence renewals are lodged. For instance, Bacchus Marsh Community Radio Inc and WYN FM Community Radio Inc have applied for the renewal of their respective community radio licences, as notified by the ACMA. The ACMA is mandated to renew these licences unless it determines that the applicants are no longer suitable licensees. Suitability is assessed under section 83(2), which stipulates that a company may be deemed unsuitable if there is a significant risk of an offence against the Act or regulations being committed, or a breach of the licence conditions occurring. This determination is based on the company's business record, its history in situations requiring trust and candour, and the records of individuals who would control or manage the licence. In making these suitability decisions, the ACMA must consider several factors outlined in section 83(3). These include the applicant's business record, its history in matters of trust and candour, and the records of individuals who would control or manage the licence. For commercial broadcasters, this extends to the records of anyone in a controlling position, whereas for community broadcasters, it includes the chief executive, directors, and secretaries. The ACMA also considers any prior convictions of the company or relevant individuals under this Act or the regulations. Furthermore, under section 91(2A), the ACMA may refuse to renew a community broadcasting licence if it deems that it would not allocate such a licence in the first place, considering the criteria listed in section 84(2)(a) to (f). Importantly, the Act does not require the ACMA to hold an investigation or a hearing to decide on the renewal of a community broadcasting licence, as stated in section 91(3). This means that the decision-making process regarding licence renewals is largely administrative, without the need for formal hearings unless otherwise specified. The Act thus ensures that the renewal process is efficient while maintaining certain safeguards to ensure that only suitable entities are permitted to continue providing broadcasting services.