Chris Evans (WA, Australian Labor Party, Leader of the Government in the Senate) Share this | Hansard source

I present the explanatory memorandum and I move:

That this bill be now read a second time.

I seek leave to have the second reading speech incorporated in Hansard.

Leave granted.

The speech read as follows—

The Communications Legislation Amendment (Miscellaneous Measures) Bill 2008 amends the Broadcasting Services Act 1992 (the BSA) to give the Australian Communications and Media Authority (the ACMA) the discretion to consider late applications for renewals of community broadcasting licences that are made up until the expiry date of the licence.

Currently the ACMA has no discretion to accept an application for renewal of a community broadcasting licence after twenty six weeks prior to the licence expiry date, regardless of the circumstances giving rise to the late application.

The amendments would give the ACMA the discretion to consider late applications for the renewal of a community broadcasting licence if:

• the licensee makes the application before the licence’s expiry date;
• the application is accompanied by a written statement setting out the licensee’s reasons for the lateness of the application; and
• the ACMA considers that there are exceptional circumstances that warrant the consideration of the application.

Once a late application is made, ACMA may extend the current licence for up to 26 weeks while it considers the renewal application. This provision will ensure that ACMA is not required to assess late applications in a shorter period and under the pressure of a deadline for the licence ending.

The purpose of the amendments is to give the ACMA the discretion to consider late applications while ensuring that the regulator still has adequate time to consider the merits of the renewal application.

The amendments will allow the ACMA to renew the licence of a community broadcaster, providing a valuable public service, even if the renewal application is late as long as the lateness is explained to ACMA’s satisfaction.

It is not expected that the acceptance of late applications will be standard practice but instead that ACMA’s discretion to accept late applications would only be exercised in ‘exceptional circumstances’.

These proposed amendments will prevent situations where ACMA cannot consider applications to renew community broadcasting licenses if the licensee misses the application deadline.

This happened to 3CCC Bendigo—a community broadcaster for 25 years. ACMA couldn’t even consider renewing their license in 2006 because they lodged a late application.

To prevent this type of situation reoccurring, the proposed amendments will allow ACMA to consider late applications. This will ensure that community broadcasters that are providing a valuable public service will not lose their license.