This bill became law on Dec 13th, 2022.
Transport & communications
The Australian Communications and Media AuthorityThe regulator that manages community radio licensing and makes the decisions this bill clarifies. can now formally decide to offer one or more new community radio licences in the main broadcasting bands.
Unclear community radio licensing rules left renewals looking competitive, delayed licence starts, and created extra burden when ACMAThe regulator that manages community radio licensing and makes the decisions this bill clarifies. managed temporary services and late renewals. The bill clarifies ACMAThe regulator that manages community radio licensing and makes the decisions this bill clarifies.'s powers and deadlines, lets licences start on future dates, and confirms renewals assess the existing service rather than reopen the frequency to competitors.
Community radio was already a large part of Australia’s media system, with more than 450 stations serving over five million weekly listeners, but unclear licensing rules left renewals looking like open contests, complicated late renewals, and made it harder for new services to start on a future date. The 2022 bill responded by clarifying ACMAThe regulator that manages community radio licensing and makes the decisions this bill clarifies.’s licensing powers and deadlines and streamlining temporary and permanent community radio processes, then became law in December 2022 so those arrangements could operate with greater certainty.
The main reservation was that changing licence rules alone would not fix the financial strain on community broadcasters, which could still leave stations struggling to survive or pushed into arrangements that do not suit them. That concern appears limited rather than broad, with Rebekha Sharkie raising it while still supporting the bill and no party represented in the debate opposing the measure.
Michelle Rowland MPThe title used after a politician's name, showing that person is a sitting federal MP. introduced this bill. It passed on the voices.
Did it become law?
Yes
Became law 13 Dec 2022
Final passage
Passed without a counted vote
Members called out ‘aye’ or ‘no’ — no individual votes were recorded.
Passage speed
47 days
From introduction to the latest recorded parliamentary step
Meaning
The Australian Communications and Media AuthorityThe regulator that manages community radio licensing and makes the decisions this bill clarifies. can now formally decide to offer one or more new community radio licences in the main broadcasting bands.
New community radio licences can be granted ahead of time to start on a future date, while still running for the usual 5-year term once they begin.
Community radio stations can be shut out after a set deadline if they lodge a late renewal application, because the Australian Communications and Media AuthorityThe regulator that manages community radio licensing and makes the decisions this bill clarifies. can set a final cutoff time.
Community radio licence renewals are confirmed as renewals of the current service, not a contest where other applicants compete to take over the frequency.
The Australian Communications and Media AuthorityThe regulator that manages community radio licensing and makes the decisions this bill clarifies. can cap how many temporary community radio licences share the same part of the radio spectrumThe radio airwaves that stations use to broadcast, which this bill says ACMA can manage more tightly. during a set period.
(1A) The ACMA may decide to allocate one or more community broadcasting licences that are broadcasting services bands licences.Broadcasting Services Amendment (Community Radio) Act 2022 final Act text
Item 4 repeals section 89 of the BSA and replaces it with a new provision that no longer deals with commencement. There is no substantive change in the duration of CBLs as a consequence of the new section; such licences remain in force for 5 years subject to subsection 90(1E) and Part 10 of the Act. This update to section 89 will allow the ACMA to allocate CBLs with effect from a specified future date.Broadcasting Services Amendment (Community Radio) explanatory memorandum
(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.Broadcasting Services Amendment (Community Radio) Act 2022 final Act text
Item 7 repeals existing subsection 91(2A), which provides the ACMA with discretion to refuse to renew a CBL and replaces it with a new provision that is clearer about the nature of that discretion. The revised language in the new subsection also confirms that CBL renewal is not a competitive process, which is consistent with the original policy intent for CBLs under the Act. The Act already includes a number of provisions that evidence the policy intention that CBL renewals under Part 6 of the BSA are not competitive processes. This aspect of the amendment removes any doubt surrounding the issue of whether or not CBL licence renewal is a competitive process.Broadcasting Services Amendment (Community Radio) explanatory memorandum
(2A) If a determination made under subsection (1) determines that a part or parts of the radiofrequency spectrum concerned is or are available for allocation to temporary broadcasting licensees for a period, the ACMA may also specify, in the determination, the maximum number of temporary community broadcasting licences that may be allocated to part or parts of the spectrum for the period.Broadcasting Services Amendment (Community Radio) Act 2022 final Act text
Context
Community radio was already a large part of Australia’s media system, with more than 450 stations serving over five million weekly listeners, but unclear licensing rules left renewals looking like open contests, complicated late renewals, and made it harder for new services to start on a future date. The 2022 bill responded by clarifying ACMAThe regulator that manages community radio licensing and makes the decisions this bill clarifies.’s licensing powers and deadlines and streamlining temporary and permanent community radio processes, then became law in December 2022 so those arrangements could operate with greater certainty.
Government introduces bill to fix unclear community radio licensing rules
The minister said the bill would give greater certainty and clarity to community broadcasting licensing processes for a sector of more than 450 stations reaching over five million listeners each week.
Hansard ↗Explanatory memorandumThe document that explains what the bill is meant to do and how its clauses work. sets out six changes to simplify licensing
The explanatory memorandumThe document that explains what the bill is meant to do and how its clauses work. said the bill contained six measures to give community radio broadcasters more regulatory clarity and flexibility while streamlining ACMAThe regulator that manages community radio licensing and makes the decisions this bill clarifies.’s community and temporary licensing processes.
Australian Parliament House ↗House passes the bill
The House agreed to the third reading after debate centred on removing barriers for community radio services and making licensing rules easier to administer.
Parliamentary timeline ↗Parliament passes the bill
Both houses passed the bill in the same form, clearing the way for ACMAThe regulator that manages community radio licensing and makes the decisions this bill clarifies.’s clarified renewal, timing and temporary licensing powers to be enacted.
Parliamentary timeline ↗Royal AssentThe final step that turns a bill passed by Parliament into an Act of law. makes the changes law
Royal AssentThe final step that turns a bill passed by Parliament into an Act of law. turned the bill into an Act, locking in the clarified community radio licensing arrangements passed by Parliament.
Parliamentary timeline ↗Legislative route
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
Considered by scrutiny committee (23/11/2022): Senate Standing Committee for the Scrutiny of Bills; Scrutiny Digest 1 of 2023
Considered by scrutiny committee
APH bill page notesThe bill reached this recorded parliamentary step.
The bill reached this recorded parliamentary step. For this bill, the Federation Chamber reported back later the same day and the House then completed its remaining formal steps that day.
Referred to Federation Chamber
The bill reached this recorded parliamentary step.
Second reading debate
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Second reading agreed to
The bill reached this recorded parliamentary step. The official House record shows the referral out and return both happened on the same day, before the House moved to its final formal votes.
Reported from Federation Chamber
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Third reading agreed to
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
The bill reached this recorded parliamentary step.
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Second reading agreed to
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Third reading agreed to
Both houses passed the bill in the same form, completing parliamentary passage.
Finally passed both Houses
The Governor-General gave Royal AssentThe final step that turns a bill passed by Parliament into an Act of law., turning the bill into an Act.
Key criticism
The main reservation was that changing licence rules alone would not fix the financial strain on community broadcasters, which could still leave stations struggling to survive or pushed into arrangements that do not suit them. That concern appears limited rather than broad, with Rebekha Sharkie raising it while still supporting the bill and no party represented in the debate opposing the measure.
No significant broader public case against the bill is recorded so far.
Licensing reform may not solve sustainability problems
A limited criticism was that clearer licensing rules would help but would not by themselves give community stations the resources they need to remain viable, creating a risk that some broadcasters could still be pushed into unsuitable licensing arrangements.
Further sources
Votes
The bill passed both chambers on the voices, so there is no list of individual Aye and No votes for final passage.
House agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.
Passed on the voices
In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.
Senate agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.
Passed on the voices
In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.
Parliamentary debate
Start here — lead voices
Rowland supports the bill and says it will give community broadcasters more certainty, clearer licensing rules and more flexible spectrumThe radio airwaves that stations use to broadcast, which this bill says ACMA can manage more tightly. management while protecting access to local, high-quality services.
Read in Hansard ↗Michael McCormack says the coalition will support the bill because it would improve broadcasting services and help people who rely on community radio.
Read in Hansard ↗Sharkie supports the bill and says community radio is vital in regional areas, as a training ground and emergency information service, but she wants more resources so stations can stay sustainable and not be forced into licensing arrangements that do not suit them.
Read in Hansard ↗Mitchell supports the bill and says it will give community broadcasters certainty and clarity in the licensing process.
Read in Hansard ↗All speeches by bloc
9 speakers · 10 contributions · 9 support
“I rise to speak in support of this important bill that is before the House. I'm a huge supporter of community radio and broadcasting services. My electorate of Lyons is made up of regional and rural communities, and it is the community stations that keep these communities connected and informed in times of bushfire, flood and other natural disasters. And, of course, just by the bye, they'll have the local CWA on. They're just a good source of local information. What this bill does is provide certainty and clarity for these broadcasters through the licensing processes. It's not very interesting, I guess, in terms of debate, but it gives all of us a chance to stand up here and talk in support of our fantastic community stations and the volunteers behind them.”Read the full speech in Hansard ↗
“I am glad to rise tonight in support of the Broadcasting Services Amendment (Community Radio) Bill 2022. This bill gives community radio stations greater clarity and certainty in applying for community broadcasting licences. It gives regional communities like ours on the New South Wales South Coast more local content and more local voices on our airwaves.”Read the full speech in Hansard ↗
“It's a real privilege to speak in support of the Broadcasting Services Amendment (Community Radio) Bill 2022 and in support of community radio.”Read the full speech in Hansard ↗
“That's why I'm so very proud that on 13 May this year the Australian Labor Party committed to give the community broadcasting sector greater funding certainty. That was prior to the election. Now the ALP is in government and will deliver. That's exactly what we have done here. The government is giving the community broadcasting program an extra $4 million a year in ongoing funding, which will take annual funding to over $20 million per year.”Read the full speech in Hansard ↗
“With this bill the Albanese Labor government is helping to keep community radio alive for more than five million current listeners. For Vox FM and the Illawarra community this will be a welcome suite of reforms, and it is for this reason that I commend the bill to the House.”Read the full speech in Hansard ↗
“What is so pleasing about this legislation is that it gives ACMA the discretion to limit the number of temporary community broadcasting licences that can share a particular frequency. It has always been the policy intent of the act to enable temporary licensees to share frequencies, to assist with the sustainability of the community broadcasting sector and management of the spectrum, but when you get to a position where you're giving seven different organisations a day, it does not serve your community or those broadcasters.”Read the full speech in Hansard ↗
“At the moment, the renewal process for licences for our community radio stations sometimes gives unnecessary stress or uncertainty. This bill delivers the certainty they need. It also makes sure that we no longer have that fear of the renewal process being a competitive process, which prevents radio stations from making some of the long-term investments and plans they need. It also clarifies the powers of ACMA to make sure that, when they're issuing new licenses, they can do that with authority. Third, it ensures that there's flexibility for ACMA. If they need to issue a temporary licence or provide flexibility when they're looking at how to handle those licences, they have that power.”Read the full speech in Hansard ↗
Hansard records 2 separate contributions by Michelle Rowland on this bill. They are grouped here so the speaker is listed once.
Minister's second reading speech
Rowland supports the bill and says it will give community broadcasters more certainty, clearer licensing rules and more flexible spectrumThe radio airwaves that stations use to broadcast, which this bill says ACMA can manage more tightly. management while protecting access to local, high-quality services. She argues the changes will help the sector plan ahead and maintain its long-term sustainability.
“This bill is a further step to provide certainty for community broadcasters and provide listeners around Australia with continued access to high-quality and locally relevant news, information and content.”Read this contribution in Hansard ↗
Second reading speech
Michelle Rowland supports the bill, saying it will give community broadcasters greater certainty and better support access to high-quality, diverse local radio. She says the changes address licensing problems and are an important first step toward strengthening the sector.
“The bill will make amendments to parts 3, 6 and 6A of the Broadcasting Services Act 1992 to provide greater certainty to broadcasters and support listener access to high-quality and diverse community radio services.”Read this contribution in Hansard ↗
“I think this legislation goes a long way to making sure that the licences are administered and issued in a much fairer way. The whole management and process of getting the licenses is streamlined and that will make it so much easier because I know, from my discussions with the management committees of the radio stations that I'm familiar with, that sometimes that can be cumbersome. This process, as outlined in this legislation, will simplify the whole process for everybody. I commend the legislation to the House.”Read the full speech in Hansard ↗
5 speakers · 5 support
“I'm glad that this bill, the Broadcasting Services Amendment (Community Radio) Bill 2022, has been brought to the House, because anything that the government can do to improve broadcasting services—indeed, to improve the lives and lot of people who rely on those radio broadcasts—is to be commended. We said when Labor came back into power in May that if there was good legislation, if there were good motions, if there were good bills, then we would support them. That's why we do support this particular legislation being brought to the House.”Read the full speech in Hansard ↗
“I rise in support of the Broadcasting Services Amendment (Community Radio) Bill 2022. It's been said that community broadcasting is a thing of the past—that commercial radio, podcasting and music streaming services have filled the gap. Don't get me wrong; I don't mind listening to Sam and Ash on Hot 91.1 or Todd and Sami on 92.7 MIX FM. In fact, I love Todd and Sami. All those four guys are fantastic, and they do a great job for our local community. I use all sorts of streaming platforms, like ABC NewsRadio. I wish NewsRadio would fix their platform, though, because sometimes it's a little bit dodgy. I need to be careful, on this side of the House, about owning up to the fact that I use the ABC streaming service, but it's true—I do.”Read the full speech in Hansard ↗
“In conclusion, I wholeheartedly support this legislation, and I thank the many volunteers. I note that, when we have the opportunity through community grants and volunteer grants—and I know most members do this—we always keep a keen eye out for our community radio stations, because we know that they run off the smell of an oily rag.”Read the full speech in Hansard ↗
“This bill is a very sensible set of minor measures that just give a lot more certainty to those radio stations. It puts them in a position where, with a lot of things that were really practice—and it never was intended by government to abandon that practice—this makes it a lot clearer in the legislation that any risks that they could have been nervous about regarding their licences, reapplying for them, having to compete for them et cetera are not going to be undertaken by government.”Read the full speech in Hansard ↗
“This bill makes a number of amendments to the Broadcasting Services Act. The bill makes it clear that the renewal of a community radio licences is not a competitive process. This provides the Australian Communications and Media Authority and community radio broadcasters with greater regulatory certainty.”Read the full speech in Hansard ↗
2 speakers · 2 support
“I rise to speak in support of the Broadcasting Services Amendment (Community Radio) Bill 2022. Community broadcasting plays an incredibly vital service in my electorate of Mayo.”Read the full speech in Hansard ↗
“Community radio has also been critical in the blossoming of Australian music over the decades. Gotye, Courtney Barnett and Dan Sultan are just a handful of the most recent examples. It's highly unlikely that they would have gone on to national, let alone international, success without the support of community radio. Dealing as it does with regulation and licensing, the Broadcasting Services Amendment (Community Radio) Bill 2022 may seem like a niche piece of legislation, but it has important implications for the security, diversity and expansion of community radio, and therefore for the diversity of our media landscape. I commend the bill to the House.”Read the full speech in Hansard ↗
Record
House · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
House · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
House · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
House · Referred to Federation Chamber
Referred to Federation Chamber
The bill reached this recorded parliamentary step.
House · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
House · Second reading agreed to
Second reading agreed
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
House · Reported from Federation Chamber
Reported from Federation Chamber
The bill reached this recorded parliamentary step.
House · Third reading agreed to
Third reading agreed
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Senate · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Senate · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Senate · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
Senate · Second reading agreed to
Second reading agreed
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Senate · Third reading agreed to
Third reading agreed
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Parliament · Finally passed both Houses
Passed both houses
Both houses passed the bill in the same form, completing parliamentary passage.
Assent · Assent
Assent
The Governor-General gave Royal AssentThe final step that turns a bill passed by Parliament into an Act of law., turning the bill into an Act.
Senate Standing Committee for the Scrutiny of Bills; Scrutiny Digest 1 of 2023
Considered by scrutiny committee
Considered by scrutiny committee (23 Nov 2022): Senate Standing Committee for the Scrutiny of Bills; Scrutiny Digest 1 of 2023
APH bill page notes
