Document ID: chunk:federal_register_of_legislation:C2025C00023:section:90:p1
Version: federal_register_of_legislation:C2025C00023
Segment Type: section
Provision Reference: s 90 (pt 1/2)
Character Range: 341036–343665

90  Applications for renewal of community broadcasting licences
 (1) The ACMA may renew a community broadcasting licence if the licensee makes an application for renewal of the licence, in accordance with a form approved in writing by the ACMA.
 (1A) Subject to subsection (1C), an application for renewal must be made no earlier than one year before the licence is due to expire, but no later than the earlier of the following times:
 (a) 26 weeks before the licence is due to expire;
 (b) a time that is notified in writing to the licensee by the ACMA.
 (1B) A time that is notified under paragraph (1A)(b) must be at least 4 weeks after the day on which it is notified to the licensee.

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 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
 (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.
 (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.
 (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.

Notification
 (2) If the ACMA receives an application for renewal, the ACMA must notify in