Broadcasting Services (Amalgamated Remote Television Licence Areas – Geraldton and Remote and Regional Western Australia) Determination

Administered by Department of Communications and the Arts

Legislation au F2008L04260 Not in force Legislative Instrument

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Explanatory Statement

 

Issued by the authority of the Australian Communications and Media Authority

 

BROADCASTING SERVICES (AMALGAMATED REMOTE TELEVISION LICENCE AREAS – GERALDTON AND REGIONAL AND REMOTE WESTERN AUSTRALIA) DETERMINATION 2008

 

Broadcasting Services Act 1992

 

Background, purpose and legislative basis

 

This document provides an explanation of the Broadcasting Services (Amalgamated Remote Television Licence Areas – Geraldton and Regional and Remote Western Australia) Determination 2008 (the Determination), which has been made under subsection 38B(14) of the Broadcasting Services Act 1992 (the Act).

Section 38B of the Act permits the Australian Communications and Media Authority (ACMA) to allocate a third commercial television licence (a section 38B licence) in licence areas where only two commercial television broadcasting licences have been allocated. Under the section, existing commercial television broadcasting licensees in the licence area may apply for the section 38B licence either individually, through a competitive process, or together via a joint-venture company. The additional service provided under the section 38B licence may only be broadcast in digital mode.

In circumstances where either:

  • more than 30% of the population of licence area served only by one commercial television broadcasting service (a single service licence area) overlaps with another single service licence area; or
  • a specified single service licence area is entirely within another specified single service licence area;

(so that in either case two licensees effective serve the region where the two licence areas overlap) subsection 38B(14) of the Act permits ACMA to determine that the two licence areas are to be treated as one for the purpose of section 38B of the Act.

Under subsection 38B(14A) of the Act, where one remote licence area is entirely within another remote licence area and ACMA has made a subsection 38B(14) determination in relation to the two licence areas, the amalgamated licence area for the purposes of section 38B is taken to be the smaller of the licence areas. Consequently, a section 38B licence can be allocated for the smaller licence area.

There are five commercial television licence areas in Western Australia:

●       Remote and Regional WA TV1 (WA Remote);

●       Geraldton TV1 (Geraldton);

●       Kalgoorlie TV1 (Kalgoorlie);

●       South South West TV1 (South West); and

●       Western Zone TV1 (Western).

Each licence area is served by one commercial television broadcasting service. The WA Remote licence area covers all of Western Australia except for Perth and its surrounds, and entirely overlaps each of the Geraldton, Kalgoorlie, South West, and Western Zone licence areas.  Effectively, two commercial television broadcasting services are licensed for all of the WA Remote licence area, but each service has a different licence area.

All relevant licence areas are remote licence areas in accordance with the Determination of Remote Licence areas made by the Australian Broadcasting Authority on 14 December 2000.

ACMA has made a determination under subsection 38B(14) to amalgamate the WA Remote licence area with the Geraldton licence area so that, for the purposes of section 38B, the Geraldton licence area will be treated as a licence area with two commercial television broadcasting services.  The two licensees effectively serving the Geraldton licence area will be able to apply, separately or through a joint-venture company, for a digital-only licence under section 38B once ACMA has designated a time under subsection 38B (27).

Consultation

ACMA consulted with representatives from the incumbent commercial broadcasters that serve the relevant licence areas, WIN Television Pty Ltd and Geraldton Telecasters Pty Ltd.

No substantive issues have arisen from this consultation process.

Regulatory Impact

ACMA has undertaken a regulatory impact analysis process and considers that the Determination is likely to have no or low impact on business or the economy and is not anti-competitive. Consequently, neither a Regulation Impact Statement, nor a Business Cost Calculator Report, is necessary in relation to the regulatory proposal.

Commencement

In accordance with section 2, the Determination will commence the day after it is registered on the Federal Register of Legislative Instruments.


Notes on the Determination

 

Section 1 – Name of Determination

This section sets out the title of the Determination.

 

Section 2 – Commencement

This section provides that the Determination commences the day after it is registered on the Federal Register of Legislative Instruments.

 

Section 3 – Definition

This section sets out definitions of terms used in the Determination.

 

Section 4 – Determination – paragraph 38B (14) (b) of the Act

This section determines that, under paragraph 38B (14) (b) of the Act, for the purposes of section 38B of the BSA, the two Western Australian remote television licence areas listed in the Schedule are to be treated as if they were one licence area.

 

Schedule – Licence areas to be treated as if they are a single licence area

The Schedule to the Determination specifies.the Geraldton licence area and the WA Remote licence area as the two licence areas to be treated as one.  Both licence areas are defined in the Licence Area Plan – Remote and Regional Western Australia (Television) – February 1997, which is registered on the Federal Register of Legislative Instruments.

Overview

The Broadcasting Services (Amalgamated Remote Television Licence Areas – Geraldton and Regional and Remote Western Australia) Determination 2008 was enacted under subsection 38B(14) of the Broadcasting Services Act 1992. This Determination was made by the Australian Communications and Media Authority (ACMA) to address the need for a third commercial television licence in specific remote licence areas in Western Australia, particularly where overlaps exist between single service licence areas. By amalgamating the Geraldton and Western Australia Remote licence areas, the Determination enables the two existing licensees in these regions to apply for a section 38B licence, which allows for the provision of a digital-only broadcasting service. The primary policy objective is to enhance competition and service provision in these areas, ensuring better coverage and potentially improved content for viewers in remote regions. The Determination will come into effect the day after its registration on the Federal Register of Legislative Instruments.

Scope and Application

The Broadcasting Services (Amalgamated Remote Television Licence Areas – Geraldton and Regional and Remote Western Australia) Determination 2008 applies to the commercial television broadcasting services operating in the specified remote licence areas in Western Australia, specifically the Geraldton and the Western Australia Remote (WA Remote) licence areas. This Determination is made under the Broadcasting Services Act 1992 and provides the legislative framework for the allocation of a third commercial television licence in these areas. It permits the Australian Communications and Media Authority (ACMA) to amalgamate the WA Remote licence area with the Geraldton licence area for the purposes of issuing a section 38B licence, which is a digital-only licence. This allows the existing commercial television broadcasters in these areas, namely WIN Television Pty Ltd and Geraldton Telecasters Pty Ltd, to apply for the additional licence either individually or jointly through a venture company. The Determination does not specify any exclusions or exemptions but operates within the parameters set by the Act and its provisions. The jurisdictional reach of this Determination is limited to the Commonwealth of Australia, and it does not extend to state or territory laws. The commencement of the Determination is effective from the day after its registration on the Federal Register of Legislative Instruments.

Key Provisions

The Broadcasting Services (Amalgamated Remote Television Licence Areas – Geraldton and Regional and Remote Western Australia) Determination 2008 (sections 1-4) primarily serves to amalgamate the Geraldton and Western Australian Remote (WA Remote) television licence areas for the purposes of the Broadcasting Services Act 1992 (the Act). This amalgamation allows for the allocation of an additional digital-only commercial television licence (a section 38B licence) in the region (section 4). The WA Remote licence area, which currently overlaps with other licence areas in Western Australia, is treated as if it were a single licence area, enabling the two existing licensees in the Geraldton area to apply for the additional licence. The obligations imposed by this Determination include the requirement for ACMA to treat the Geraldton and WA Remote licence areas as a single area for the purposes of section 38B of the Act, facilitating the application process for a third commercial television licence (section 4). Additionally, the two licensees in the Geraldton area must adhere to the conditions set forth in the Act and the Determination when applying for the section 38B licence. This includes ensuring that the additional service provided under the licence is broadcast in digital mode. There are no specific offences, penalties, or consequences detailed in the Determination itself. However, any breaches of the terms and conditions of the section 38B licence or the Act would likely result in enforcement actions by ACMA, which could include fines or other regulatory measures. The penalties for such breaches would be in accordance with the provisions of the Broadcasting Services Act 1992, which could include substantial fines and potential revocation of broadcasting licences for serious or repeated breaches. The exact penalties would depend on the nature and severity of the breach.

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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.