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

Overview

The Broadcasting Services Act 1992, enacted by the Commonwealth Parliament, was introduced to provide a regulatory framework for the licensing and operation of broadcasting services in Australia. It aimed to address the need for a coordinated approach to broadcasting, ensuring compliance with standards and the public interest. The Act sets out the roles and responsibilities of the Australian Communications and Media Authority (ACMA) in overseeing broadcasting services, including the licensing and renewal processes. The policy objective of the Act is to facilitate the efficient and effective operation of broadcasting services while protecting the interests of the community and promoting diversity in content. In May 2022, ACMA issued a notice under subsection 90(2) of the Broadcasting Services Act 1992, notifying the public of applications for the renewal of broadcasting service licences by several community radio licensees. These include Goulburn Community Radio Association Inc. in New South Wales, Cumberland Community Radio Inc. in New South Wales, and Omeo Shire Community Access Radio Inc. in Victoria. This notice is part of the regulatory process ensuring that community radio stations continue to meet the standards and objectives set forth in the Act, thereby maintaining their service to the community.

Scope and Application

The Broadcasting Services Act 1992 governs the regulation of broadcasting services in Australia, including the licensing and conduct of broadcasters. The Act applies to various entities, primarily broadcasting service licensees, and encompasses all forms of radio and television broadcasting. Its jurisdictional reach is national, as it is a Commonwealth Act, thereby affecting entities across all states and territories in Australia. The Act provides for the issuance, renewal, and revocation of broadcasting licences, ensuring compliance with standards and guidelines that promote diversity, cultural content, and community interests. Notably, the Act extends its application through subordinate instruments, such as codes of practice and guidelines, which further define the standards and operational requirements for broadcasters. However, the Act does not apply to certain exempted services, such as those broadcast exclusively for governmental or military purposes, or those that fall under specific exemptions outlined in the legislation. The applications for licence renewal mentioned in the gazette are subject to this regulatory framework, ensuring that the broadcasters continue to meet the statutory requirements and community standards expected of them.

Key Provisions

The Broadcasting Services Act 1992 (the "Act") outlines the requirements for the renewal of broadcasting service licences under subsection 90(2). This section mandates that any entity seeking to renew its broadcasting licence must lodge an application with the Australian Communications and Media Authority (ACMA). The ACMA then notifies the public of these applications through a gazette notice, as evidenced in the recent notice dated May 2022. Specifically, section 90(2) requires that the ACMA must publish the details of each application for licence renewal, including the names of the companies and the service areas involved. The obligations imposed on the parties applying for licence renewal are primarily administrative. They must submit a formal application to the ACMA, which includes providing detailed information about the service areas and the nature of their broadcasting activities. This transparency ensures that the public and other stakeholders are aware of the entities operating within their regions. The ACMA is responsible for reviewing these applications, ensuring that all necessary information is provided and that the applicants meet the criteria set out in the Act. Under the Act, there are specific consequences for non-compliance with the requirements for licence renewal. While the Act does not explicitly outline criminal or civil penalties for failing to renew a licence, it does specify that the ACMA has the authority to refuse a renewal if the applicant does not meet the criteria. Additionally, continued operation without a valid licence could lead to enforcement actions by the ACMA, which may include fines or other administrative penalties. The severity of these penalties would depend on the specific circumstances and the discretion of the ACMA in enforcing the provisions of the Act.