Notice of Application for Renewal of Licence under subsection 90(2) of the Broadcasting Services Act 1992 - February 2023

Overview

The Broadcasting Services Act 1992, enacted by the Parliament of Australia, was introduced to regulate the broadcasting services in the country, ensuring compliance with community standards and the promotion of diverse and independent media. The Act aims to facilitate the operation of broadcasting services while maintaining a balance between commercial interests and the public good. In February 2023, the Australian Communications and Media Authority, as the body responsible for administering the Act, issued a notice of application for the renewal of broadcasting service licences under subsection 90(2). This notification pertains to several community radio licensees, including Rock FM Association Inc in Moranbah, Queensland, Ballarat Gospel Radio Incorporated in Ballarat, Victoria, and Derby Media Aboriginal Corporation in Derby, Western Australia. These applications are part of the ongoing process to review and renew licences, ensuring that the broadcasters continue to meet the standards and objectives set out in the Act.

Scope and Application

The Broadcasting Services Act 1992 applies to entities that operate broadcasting services within Australia. This includes both commercial and community radio broadcasters, as well as television services, each of which must hold a valid broadcasting service licence to operate legally. The Act applies across the entire Commonwealth of Australia, encompassing all states and territories, thereby establishing a uniform regulatory framework for the broadcasting industry nationwide. The Act does not explicitly outline exclusions or exemptions, but it does specify certain conditions and restrictions related to the content and conduct of broadcasting services, such as standards for children's television and provisions against offensive material. The application process for licence renewal, as highlighted in the recent notice, is overseen by the Australian Communications and Media Authority (ACMA), which ensures compliance with the Act's provisions. Subordinate instruments may extend or restrict the application of the Act, detailing specific operational standards or penalties for non-compliance.

Key Provisions

The Broadcasting Services Act 1992, specifically under subsection 90(2), mandates that the Australian Communications and Media Authority (ACMA) must notify the public when applications for the renewal of broadcasting service licences are submitted. This notice informs the public about the companies that have applied for licence renewals. For example, in February 2023, Rock FM Association Inc., Ballarat Gospel Radio Incorporated, and Derby Media Aboriginal Corporation have submitted applications for the renewal of their respective licences, with the service areas and licence numbers provided in the notice (subsection 90(2)). The Act imposes certain obligations on these entities applying for licence renewals. Firstly, these entities must ensure that their applications are complete and include all necessary documentation, as stipulated by the ACMA. This includes providing detailed information about the services they currently provide, their compliance with broadcasting standards, and any relevant financial and operational details. The entities must also demonstrate that they have the capability and intention to continue broadcasting in accordance with the terms and conditions of their licences. Furthermore, they need to address any issues or concerns raised by the ACMA during the assessment process to satisfy the regulatory requirements. In the event of a breach of the conditions set out in the Broadcasting Services Act 1992, the Act provides for various offences and penalties. For instance, if an entity fails to comply with the obligations imposed by the Act, such as providing false information or not adhering to broadcasting standards, they could face civil or criminal penalties. The specific penalties can vary, but they may include fines, suspension, or revocation of the broadcasting licence. The severity of the penalty often depends on the nature and extent of the breach, with the maximum penalties being determined by the relevant courts. In serious cases, entities may also face criminal charges, which could result in substantial fines and, in some instances, imprisonment.