BROADCASTING SERVICES ACT 1992 - SECT 91 ACMA may renew community broadcasting licences
BROADCASTING SERVICES ACT 1992 - SECT 91
ACMA may renew community broadcasting licences(1) Subject to subsection (2), if the ACMA receives an application under section 90, the ACMA may, by notice in writing given to the licensee, renew the licence for:
(i) the ACMA renews the licence after the time when the licence was due to expire; and
(ii) under subsection 90(1E), the licence remained in force until the ACMA made a decision on the application;
(iii) beginning immediately after the time when the ACMA made a decision on the application; and
(iv) ending at the end of the period of 5 years that began immediately after the time when the licence was due to expire; or
(b) otherwise--the period of 5 years beginning immediately after the time when the licence is due to expire.
(2) The ACMA must refuse to renew a community broadcasting licence if the ACMA decides that subsection 83(2) applies to the licensee.
(2A) The ACMA may refuse to renew a community broadcasting licence that is a broadcasting services bands licence if, having regard to the following, the ACMA considers that the licence should not be renewed:
(a) the extent to which the service or services provided under the licence, if renewed, would continue to meet the existing and perceived future needs of the community within the licence area;
(b) the nature and diversity of the interests of that community;
(c) the extent to which the service or services provided under the licence, if renewed, would continue to provide material of local significance;
(d) the nature and diversity of other broadcasting services (including national broadcasting services) available within that licence area;
(e) the capacity of the licensee to continue to provide the service or services;
(f) the undesirability of one person being in a position to exercise control of more than one community broadcasting licence that is a broadcasting services bands licence in the same licence area;
(g) the undesirability of the Commonwealth, a State or a Territory or a political party being in a position to exercise control of a community broadcasting licence.
(3) The ACMA is not required to conduct an investigation or a
hearing into whether a licence should be renewed.