Notice of Application for Renewal of Licence under Subsection 90(2) of the Broadcasting Services Act 1992 - February 2022

Overview

The Broadcasting Services Act 1992 was enacted by the Parliament of Australia to regulate broadcasting services in the country, ensuring that they operate in the public interest and comply with certain standards. The Act was introduced to address the need for a comprehensive regulatory framework that governs the broadcasting industry, including television, radio, and online services. The Australian Communications and Media Authority (ACMA), established under the Act, is responsible for enforcing its provisions and ensuring that broadcasters adhere to the set standards and obligations. In February 2022, the ACMA issued a notice of applications for the renewal of broadcasting service licences under subsection 90(2) of the Broadcasting Services Act 1992. Several community radio licensees, including Queensland Remote Aboriginal Media (Aboriginal Corporation), Moreton Media Group Inc, Torres Strait Islanders Media Association Inc, Barossa Broadcasting Board Incorporated, Encounter FM Community Broadcasters Association Inc, BOD FM Inc, Puranyangu Rangka Kerrem (Aboriginal Radio) Aboriginal Corporation, and Kalamunda Community Radio Inc, have submitted their applications for licence renewal. The policy objective of this renewal process is to maintain the high standards of community broadcasting services, ensuring that they continue to serve the public interest and contribute to the diverse and inclusive nature of the Australian broadcasting landscape.

Scope and Application

The Broadcasting Services Act 1992 applies to entities providing broadcasting services in Australia, including commercial, community, and Indigenous broadcasters. Specifically, this Act regulates the conduct, content, and licensing of broadcasting services across the country, ensuring they comply with national standards and community standards. The Act encompasses various types of broadcasting, including radio and television services, and its reach is nationwide, applying to all states and territories within the Commonwealth of Australia. The legislation mandates that certain broadcasters, particularly community and Indigenous media services, must hold a licence to operate, and these licences are subject to renewal every five years as per subsection 90(2). The Act does not specify particular exclusions but does detail the criteria for licence renewal, which includes compliance with community standards and broadcasting regulations. Additionally, the application of the Act may be extended or restricted through subordinate instruments, which provide further details on the specific requirements for different broadcasting services.

Key Provisions

The Broadcasting Services Act 1992 outlines various provisions related to the regulation of broadcasting services in Australia, with subsection 90(2) specifically addressing the renewal of broadcasting service licences. In the recent Gazette (C2022G00163), the Australian Communications and Media Authority (ACMA) has announced that several community radio licensees have submitted applications for the renewal of their broadcasting service licences. These applications are made in accordance with the statutory requirement outlined in subsection 90(2) of the Act. For example, Queensland Remote Aboriginal Media (Aboriginal Corporation) has applied for the renewal of its licence for the GUNUNA RA1 service in Queensland (section 90(2)). The Act imposes a number of obligations and requirements on entities seeking the renewal of their broadcasting service licences. Primarily, applicants must provide detailed information about their current operations, financial status, and plans for future programming. This ensures that the ACMA can assess whether the applicant continues to meet the criteria for holding a broadcasting licence. For instance, Moreton Media Group Inc must submit comprehensive documentation regarding its operations and future plans for its REDCLIFFE RA1 service in Queensland (section 90(2)). Similarly, Torres Strait Islanders Media Association Inc, and other entities, must provide similar documentation for their respective services (section 90(2)). Failure to comply with the provisions of the Act, including the obligations related to licence renewal, can result in various civil or criminal consequences. The Act does not explicitly state penalties for non-compliance in the Gazette, but generally, breaches of the Act may lead to fines, enforcement actions, or even the revocation of the broadcasting licence. The severity of the penalty often depends on the nature and extent of the breach. For example, if Barossa Broadcasting Board Incorporated fails to adequately justify its licence renewal application, the ACMA may impose sanctions that could range from fines to the suspension or revocation of its broadcasting licence (section 90(2)). Similarly, Encounter FM Community Broadcasters Association Inc and other entities face the same potential consequences if they do not meet the statutory requirements (section 90(2)).