Commonwealth Numbered Acts

COMMUNICATIONS LEGISLATION AMENDMENT (MISCELLANEOUS MEASURES) ACT 2008 (NO. 72, 2008) - SCHEDULE 1

Broadcasting Services Act 1992

1  Section 89

After "Subject to", insert "subsection 90(1E) and".

2  Subsection 90(1A)

Omit "An application", substitute "Subject to subsection (1C), an application".

3  After subsection 90(1B)

Insert:

Late applications

          (1C)  The ACMA may consider a late application for the renewal of a community broadcasting licence if:

                     (a)  the licensee makes the application before the time when the licence is due to expire; and

                     (b)  the application is accompanied by a written statement setting out the licensee's reasons for the lateness of the application; and

                     (c)  the ACMA considers that there are exceptional circumstances that warrant the consideration of the application.

          (1D)  In deciding whether there are exceptional circumstances that warrant the consideration of the application, the ACMA must have regard to:

                     (a)  how late the application is; and

                     (b)  the reasons given by the licensee for the lateness of the application; and

                     (c)  the number of paid staff (if any) employed by the licensee; and

                     (d)  such other matters (if any) as the ACMA considers relevant.

           (1E)  If:

                     (a)  the ACMA decides, under subsection (1C), to consider a late application for the renewal of a community broadcasting licence; and

                     (b)  the ACMA does not make a decision on the application before the time when the licence is due to expire;

the licence remains in force until the ACMA makes a decision on the application.

           (1F)  If:

                     (a)  the ACMA decides, under subsection (1C), to consider a late application for the renewal of a community broadcasting licence; and

                     (b)  the ACMA does not make a decision on the application within 26 weeks after receiving the application;

the ACMA is taken to have made, at the end of that 26‑week period, a decision under section 91 to refuse to renew the licence.

Note:       The following heading to subsection 90(2) is inserted " Notification ".

4  Subsection 91(1)

Omit "for a period of 5 years.", substitute:

                   for:

                     (a)  if:

                              (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;

                            the period:

                            (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.

5  Application of amendments--sections 90 and 91 of the Broadcasting Services Act 1992

The amendments of sections 90 and 91 of the Broadcasting Services Act 1992 made by this Schedule apply to an application for renewal made after the commencement of this item.

[ Minister's second reading speech made in--

Senate on 12 March 2008

House of Representatives on 25 June 2008 ]