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

Overview

The Broadcasting Services Act 1992 was enacted by the Commonwealth Parliament to regulate broadcasting services in Australia, addressing the need for a framework governing broadcasting content, services, and industry practices. The Act aims to ensure that broadcasting services adhere to standards that promote the diversity of content, protect consumers, and support the Australian broadcasting industry. In January 2023, the Australian Communications and Media Authority (ACMA) issued a notice of application for the renewal of broadcasting service licences under subsection 90(2) of the Act. This notice informs the public and relevant stakeholders that several community radio licensees have applied for the renewal of their licences, which allows the ACMA to review and consider the applications in line with the policy objectives of the Act.

Scope and Application

The Broadcasting Services Act 1992 applies to any person or entity providing a broadcasting service in Australia, which includes radio and television services. The Act regulates the licensing, content, and standards of broadcasting services to ensure compliance with community standards, as well as the protection of children from unsuitable material. The geographic reach of the Act is national, applying across all states and territories within the Commonwealth of Australia. The Act extends its application through subordinate instruments such as codes and guidelines issued by the Australian Communications and Media Authority (ACMA). The ACMA is responsible for administering the Act and ensuring that broadcasters comply with its provisions. The Act does not specify exclusions, exemptions, or thresholds in the context of the licence renewal notices; however, it does provide for various offences and penalties for non-compliance. The Act's renewal process ensures that broadcasters continue to meet the regulatory requirements and community standards expected of them.

Key Provisions

The key provisions of the notice are contained within subsection 90(2) of the Broadcasting Services Act 1992 (the "Act"), which mandates that the Australian Communications and Media Authority (ACMA) must notify the public when applications for the renewal of broadcasting service licences have been submitted. This notice informs the public of the applications made by the specified entities for the renewal of their respective broadcasting service licences. The listed entities are Community Radio Licensees, including Top End Aboriginal Bush Broadcasting Association, Riverland Christian Radio Incorporated, Echuca Moama Broadcast Service Inc., and West Gippsland Community Radio Inc. The Act imposes certain obligations on the parties or entities that it governs. Primarily, these obligations involve the entities lodging applications for the renewal of their broadcasting service licences with ACMA, as per subsection 90(2) of the Act. The entities must ensure that their applications are complete, accurate, and submitted within the prescribed timeframes to comply with the requirements of the Act. Additionally, the entities must adhere to any specific conditions or requirements set out in their respective broadcasting service licences and any relevant regulations or guidelines issued by ACMA. There are no direct offences or penalties mentioned in the notice itself. However, it is important to note that the Act and its associated regulations may impose various offences and penalties for non-compliance with its provisions. For example, section 136 of the Act provides for the imposition of monetary penalties for non-compliance with certain requirements, while section 138 allows for the imposition of fines for breaches of the Act or its regulations. The maximum penalties for these offences can vary depending on the specific provision breached and the circumstances of the case. It is essential for the entities to be aware of their obligations under the Act and to ensure compliance to avoid potential penalties or consequences. In summary, the notice under subsection 90(2) of the Broadcasting Services Act 1992 informs the public of the applications made by specified entities for the renewal of their broadcasting service licences. The Act imposes obligations on the entities to submit complete and accurate applications within the prescribed timeframes. While the notice itself does not outline specific offences or penalties, the Act and its associated regulations may impose various penalties for non-compliance with its provisions. It is crucial for the entities to be aware of their obligations and to ensure compliance to avoid potential consequences.