80   Allocation of BSB community broadcasting licences

2  Before subsection 80(1)

Insert:

          (1A)  The ACMA may decide to allocate one or more community broadcasting licences that are broadcasting services bands licences.

3  Subsection 80(1)

Omit “Where the ACMA is going to allocate one or more community broadcasting licences”, substitute “If the ACMA decides under subsection (1A) to allocate one or more community broadcasting licences”.

4  Section 89

Repeal the section, substitute:

89   Duration of community broadcasting licences

                   A community broadcasting licence:

                     (a)  comes into force on a day determined by the ACMA; and

                     (b)  subject to subsection 90(1E) and Part 10, remains in force for 5 years from that day.

5  Paragraph 90(1C)(a)

Repeal the paragraph, substitute:

                     (a)  the licensee makes the application before the earlier of the following:

                              (i)  the time when the licence is due to expire;

                             (ii)  the time (if any) notified to the licensee by the ACMA under subsection (1CA); and

6  After subsection 90(1C)

Insert:

       (1CA)  The ACMA may, by notice in writing given to a licensee, specify a time after which a late application lodged by the licensee will not be accepted.

7  Subsection 91(2A)

Repeal the subsection, substitute:

          (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.

8  Application provisions

(1)       The amendment of section 89 of the Broadcasting Services Act 1992 made by this Schedule applies in relation to licences allocated on or after the commencement of this item, if the application for the licence was made on or after that commencement.

(2)       The amendments of sections 90 and 91 of the Broadcasting Services Act 1992 made by this Schedule apply in relation to applications for renewal of licences made on or after the commencement of this item, regardless of when the licences were allocated.