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

Overview

The Broadcasting Services Act 1992, enacted by the Commonwealth Parliament, was introduced to regulate the provision of broadcasting services in Australia. It was designed to address the need for a comprehensive legislative framework governing broadcasting, ensuring that the industry operates in a manner that reflects the public interest, including the promotion of diversity and the avoidance of harmful content. The Act empowers the Australian Communications and Media Authority (ACMA) to manage and oversee broadcasting services, including the granting, renewal, and revocation of licences. The policy objective of the Act is to maintain high standards of broadcasting, ensuring that services provided are of quality and contribute positively to the community, while protecting the rights of broadcasters and viewers alike. In March 2022, pursuant to subsection 90(2) of the Act, ACMA issued a notice of applications for the renewal of broadcasting service licences by various community radio entities across different regions in Australia. This notification is a procedural step ensuring transparency and public awareness regarding the licence renewal process.

Scope and Application

The Broadcasting Services Act 1992 applies to entities that provide broadcasting services within Australia, including radio and television broadcasters. This legislation mandates that broadcasters, which may be companies or associations, apply for and renew their licences periodically. The Act’s jurisdiction covers all states and territories within Australia, ensuring a national regulatory framework for broadcasting services. Notably, the Act does not apply to the Australian Broadcasting Corporation, the Special Broadcasting Service, or to any broadcasting services provided by the Commonwealth, state, or territory governments. Additionally, the Act includes provisions for exemptions and thresholds which may apply to different types of broadcasters, such as community radio stations, which often have different requirements compared to commercial broadcasters. The application for licence renewal, as notified by the Australian Communications and Media Authority, demonstrates the ongoing compliance and regulatory oversight required of these entities under the Act. Subordinate instruments may further define specific operational standards or conditions of broadcasting services, extending or restricting the application of the primary Act.

Key Provisions

Under the Broadcasting Services Act 1992, the Australian Communications and Media Authority (ACMA) has issued a notice of application for the renewal of broadcasting service licences pursuant to subsection 90(2) (90(2)). This notice informs the public that several community radio licensees have submitted applications to renew their broadcasting service licences. These licensees include Orange Community Broadcasters Limited (10287), Lachlan Valley Community Radio Inc (10055), Hope Media Ltd (3044), Buku Larrnggay Mulka Incorporated (5846), Mount Isa Aboriginal Media Association (10305), South Gippsland Radio 3MFM Inc (1912), Mallacoota & Genoa Broadcasting Association Inc (5242), Pilbara and Kimberley Aboriginal Media (10020), and Bidyadanga Aboriginal Community La Grange Inc. (10024). These entities are seeking to continue providing broadcasting services within their respective service areas as designated under their current licences. The Broadcasting Services Act 1992 mandates that these licensees meet specific criteria and obligations to be eligible for licence renewal. These obligations include adhering to broadcasting standards, ensuring content is appropriate for the audience, and maintaining compliance with the Broadcasting Services Act 1992 and the Australian Communications and Media Authority Act 2005. The licensees must also demonstrate their ability to continue providing services to their communities effectively and responsibly. Each application is subject to review by the ACMA to ensure that the licensees meet the necessary standards and requirements for continued operation. Breaches of the Broadcasting Services Act 1992 can result in significant consequences, including both civil and criminal penalties. The Act provides for fines and other sanctions for non-compliance. For instance, under section 133, an individual or entity can be fined up to $100,000 for serious breaches, while section 132 outlines additional penalties for minor infractions. The ACMA also has the authority to impose more severe sanctions, such as the suspension or cancellation of broadcasting licences, if a licensee fails to meet the legislative requirements. Such actions are taken to uphold the integrity and quality of broadcasting services in Australia.