Australian Communications and Media Authority (Television Licence Area Planning and Monitoring) Direction 2013 Instrument of Repeal 2021

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2021L00764 Not in force Legislative Instrument

Legislation content

Explanatory StatementIssued by the authority of the Minister for Communications, Urban Infrastructure, Cities and the ArtsAustralian Communications and Media Authority Act 2005Broadcasting Services Act 1992

Australian Communications and Media Authority (Television Licence Area Planning and Monitoring) Direction 2013 Instrument of Repeal 2021

 

Authority

 

Subsection 14(1) of the Australian Communications and Media Authority Act 2005 enables the Minister for Communications, Urban Infrastructure, Cities and the Arts (the Minister), to direct ACMA in the performance of its functions or the exercise of its powers, including in relation to the conditions of licences issued under the Radiocommunications Act 1992.

Subsection 26(8) of the Broadcasting Services Act 1992 provides that the Minister may direct the ACMA about the exercise of its powers to make or vary a television licence area plan for a particular area.

Subsection 33(3) of the Acts Interpretation Act 1901 provides that where an act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend or vary any such instrument.

Purpose

 

The purpose of the Australian Communications and Media Authority (Television Licence Area Planning and Monitoring) Direction 2013 Instrument of Repeal 2021 (the Instrument) is to repeal the Australian Communications and Media Authority (Television Licence Area Planning and Monitoring) Direction 2013 (the Direction).

 

The Direction formed part of the Australian Government’s decision in 2010 to release broadcasting spectrum as a digital dividend by relocating broadcasting services in a ‘restack’. The purpose of the Direction was to require the Australian Communications and Media Authority (ACMA) to consider, on an area basis, whether providers of digital television broadcasting services in an area will be able to meet a ‘restack objective’.

The Direction is specifically targeted to the details of the 2010 restack decision, the implementation of which has now completed. 

The Direction also uses the term ‘domestic digital television receiver’ which is defined in the Radiocommunications Act 1992. This definition will be repealed, along with the provisions relating to datacasting transmitter licences, by schedule 9 of the Radiocommunications Legislation Amendment (Reform and Modernisation) Act 2020 (the Reform and Modernisation Act) upon its commencement in June 2021. It is therefore appropriate and timely to repeal the Direction, as its primary purpose is complete and it will contain an out of date definition.

Background


Background of the Direction

The Direction was made by the Minister to support the Australian Government’s decision in 2010 to release 126 MHz of broadcasting spectrum in the range 694-820MHz as a digital dividend. In order to release this spectrum, broadcasting services needed to be relocated out of the digital dividend spectrum and reorganised in their remaining spectrum allocation. This process is commonly known as ‘restack’.

The ACMA was responsible for undertaking the channel planning necessary for restack in licence areas throughout Australia. Subsection 26(1B) of the Broadcasting Services Act 1992 provides that the ACMA may prepare Television Licence Area Plans (TLAPs). TLAPs are being used by the ACMA to facilitate restack by identifying new channels on which broadcasters are to transmit their digital television broadcasting services, and setting associated technical requirements.

Background of the Reform and Modernisation Act

In 2015 the then Department of Communications conducted a review (the Spectrum Review) of the policy and regulatory changes that were needed to cope with the increase in demand for spectrum and changes in technology, markets and consumer preferences since 1992. Following Government consideration of the review, the Radiocommunications Act 1992 was amended in 2020 by the Reform and Modernisation Act, which implemented recommendations of the Spectrum Review, including by simplifying regulatory structures and streamlining regulatory processes.

Regulation Impact Statement

 

In 2015, the Spectrum Review was certified by the Department as an independent review for the purposes of assessing regulatory impacts. The Spectrum Review has been certified as an independent review for RIS purposes (OBPR ref:19096). The Reform and Modernisation Act give effect to the recommendations of the Spectrum Review. The instrument repeals the direction, consequential to the amendments of the Reform and Modernisation Act so no additional RIS is required.

 

Consultation

 

The Department of Infrastructure, Transport, Regional Development and Communications (the Department) consulted with ACMA on the repeal of the Direction.

 


Notes on Sections

 

Section 1 – Name of instrument

This section provides that the name of the Instrument is the Australian Communications and Media Authority (Television Licence Area Planning and Monitoring) Direction 2013 Instrument of Repeal 2021.
 

Section 2 - Commencement

 

This section provides that the instrument of repeal commences on the day after it is registered on the Federal Register of Legislation, which may be accessed online at www.legislation.gov.au.

 

Section 3 – Authority This section provides that the instrument of repeal is made under subsection 14(1) of the Australian Communications and Media Authority Act 2005, subsection 26(8) of the Broadcasting Services Act 1992 and subsection 33(3) of the Acts Interpretation Act 1901.

 

Section 4Schedule

 

This section provides that each instrument that is specified in Schedule 1 to this instrument is repealed as set out in the Schedule.

 

Schedule 1 – Repeal

 

This schedule lists instruments to be repealed.

 

Item 1 of the schedule provides that the whole of the Australian Communications and Media Authority (Television Licence Area Planning and Monitoring) Direction 2013 is to be repealed.


Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Australian Communications and Media Authority (Television Licence Area Planning and Monitoring) Direction 2013 Instrument of Repeal 2021

 

This Disallowable Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Bill/Disallowable Legislative Instrument

The Australian Communications and Media Authority (Television Licence Area Planning and Monitoring) Direction 2013 Instrument of Repeal 2021 (the Instrument) repeals the Australian Communications and Media Authority (Television Licence Area Planning and Monitoring) Direction 2013 (the Direction).

The Direction formed part of the Australian Government’s decision in 2010 to release broadcasting spectrum as a digital dividend by relocating broadcasting services in a ‘restack’. The purpose of the Direction is to require the Australian Communications and Media Authority (ACMA) to consider, on an area basis, whether providers of digital television broadcasting services in an area will be able to meet a ‘restack objective’.

The Direction is specifically targeted to the details of the 2010 restack decision, the implementation of which has now completed. The Direction also uses the term ‘domestic digital television receiver’ which is defined in the Radiocommunications Act 1992. This definition will be repealed, along with the provisions relating to datacasting transmitter licences, by schedule 9 of the Radiocommunications Legislation Amendment (Reform and Modernisation) Act 2020 (the Reform and Modernisation Act) upon its commencement in June 2021. It is therefore appropriate and timely to repeal the Direction, as its primary purpose is complete and it will contain an out of date definition.

Human rights implications

This Disallowable Legislative Instrument does not engage any of the applicable rights or freedoms.

Conclusion

This Disallowable Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

 

The Hon Paul Fletcher MP

Minister for Communications, Urban Infrastructure, Cities and the Arts

Overview

The Australian Communications and Media Authority (Television Licence Area Planning and Monitoring) Direction 2013 Instrument of Repeal 2021 was introduced to repeal the Australian Communications and Media Authority (Television Licence Area Planning and Monitoring) Direction 2013. This repeal was necessitated by the completion of the digital dividend restack process, which involved relocating broadcasting services to release broadcasting spectrum for other uses. The Direction had been instrumental in guiding the Australian Communications and Media Authority (ACMA) in planning for this restack by requiring it to consider whether providers of digital television broadcasting services could meet the restack objective on an area basis. Given that the restack has been completed and the definition of 'domestic digital television receiver' is set to be repealed by the Radiocommunications Legislation Amendment (Reform and Modernisation) Act 2020, the Direction is now redundant and out of date. The instrument of repeal was issued under the authority of the Minister for Communications, Urban Infrastructure, Cities and the Arts, pursuant to the Australian Communications and Media Authority Act 2005, the Broadcasting Services Act 1992, and the Acts Interpretation Act 1901. The policy objective was to streamline regulatory processes and adapt to changes in technology and consumer preferences as recommended by the Spectrum Review.

Scope and Application

The Australian Communications and Media Authority (Television Licence Area Planning and Monitoring) Direction 2013 Instrument of Repeal 2021 (the Instrument) serves to repeal the Australian Communications and Media Authority (Television Licence Area Planning and Monitoring) Direction 2013 (the Direction). This repeal is a direct consequence of the completion of the 2010 restack decision, which involved the release of broadcasting spectrum as a digital dividend by relocating broadcasting services. The Direction was designed to ensure that providers of digital television broadcasting services could meet specific restack objectives on an area basis, a purpose that has now been fulfilled. Additionally, the Direction contained a definition of ‘domestic digital television receiver’ which will be repealed by the Radiocommunications Legislation Amendment (Reform and Modernisation) Act 2020, further justifying the repeal of the Direction to avoid outdated definitions. The Instrument is made under the authority provided by subsection 14(1) of the Australian Communications and Media Authority Act 2005, subsection 26(8) of the Broadcasting Services Act 1992, and subsection 33(3) of the Acts Interpretation Act 1901. It is compatible with human rights, as it does not engage any of the applicable rights or freedoms.

Key Provisions

The Australian Communications and Media Authority (Television Licence Area Planning and Monitoring) Direction 2013 Instrument of Repeal 2021 (the Instrument) repeals the Australian Communications and Media Authority (Television Licence Area Planning and Monitoring) Direction 2013 (the Direction). This repeal is in accordance with the powers granted to the Minister under the Australian Communications and Media Authority Act 2005 (section 14(1)), the Broadcasting Services Act 1992 (section 26(8)), and the Acts Interpretation Act 1901 (section 33(3)). The Direction was originally implemented to support the Australian Government’s decision in 2010 to release broadcasting spectrum as a digital dividend by relocating broadcasting services in a 'restack'. It required the Australian Communications and Media Authority (ACMA) to consider whether providers of digital television broadcasting services in a particular area would be able to meet the 'restack objective'. Given that the restack process has now been completed and the term 'domestic digital television receiver' is set to be repealed in June 2021, the Instrument’s repeal of the Direction is both appropriate and timely. The Instrument imposes obligations on the ACMA to cease any activities and considerations previously required by the Direction. The ACMA must no longer assess whether digital television broadcasting services in a particular area will meet the restack objective, and must discontinue any monitoring or planning activities associated with this assessment. Additionally, ACMA must ensure compliance with the repeal of the Direction and update any relevant policies or procedures to reflect the repeal. There are no explicit offences, penalties, or civil/criminal consequences specified in the Instrument for failing to comply with its repeal provisions. However, non-compliance with the repealed Direction could potentially lead to legal challenges or regulatory actions, as it would involve the ACMA acting contrary to its repealed obligations. The repeal itself does not introduce new enforcement mechanisms but rather eliminates the previous requirements, thereby simplifying the regulatory framework for broadcasting services.

Legal classification tags

Area of Law
Media & Entertainment Law
Instrument
Direction
Concepts
Definitions & Interpretation
Repeal & Amendment
Reporting & Disclosure Obligations

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.