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

Administered by Department of Communications and the Arts

Legislation au F2008L04255 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 – KALGOORLIE 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 – Kalgoorlie 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 Kalgoorlie licence area so that, for the purposes of section 38B, the Kalgoorlie licence area will be treated as a licence area with two commercial television broadcasting services.  The two licensees effectively serving the Kalgoorlie 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 Mid Western Television 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 Kalgoorlie 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 – Kalgoorlie and Regional and Remote Western Australia) Determination 2008 was enacted under subsection 38B(14) of the Broadcasting Services Act 1992 to address the need for an additional commercial television service in specific remote licence areas of Western Australia. The Australian Communications and Media Authority (ACMA) was tasked with managing the allocation of a third commercial television licence in areas where only two such licences had been allocated. This Determination amalgamates the Kalgoorlie and Western Australia Remote television licence areas to facilitate the application for a digital-only licence under section 38B of the Act, thereby enhancing television service provision in these regions. The policy objective is to ensure efficient and effective broadcasting services in remote areas by enabling additional competition and digital broadcasting options.

Scope and Application

The Broadcasting Services (Amalgamated Remote Television Licence Areas – Kalgoorlie and Regional and Remote Western Australia) Determination 2008 applies to the entities involved in the broadcasting services in the specified regions of Western Australia, specifically the Kalgoorlie and WA Remote licence areas. This Determination is made under the Broadcasting Services Act 1992 and pertains to the allocation of a third commercial television licence in areas where only two commercial television broadcasting licences have been allocated. It aims to amalgamate the Kalgoorlie licence area with the WA Remote licence area, effectively treating them as a single licence area for the purposes of section 38B of the Act, thereby allowing the existing licensees to apply for a digital-only licence. The geographic reach of this Determination is limited to the specified remote television licence areas in Western Australia, which are governed by Commonwealth law. The Determination does not specify any exclusions or thresholds, but it is subject to the conditions and provisions outlined in the Broadcasting Services Act 1992. The application and interpretation of this Determination may be further extended or restricted through subordinate instruments as necessary.

Key Provisions

The Broadcasting Services (Amalgamated Remote Television Licence Areas – Kalgoorlie and Regional and Remote Western Australia) Determination 2008 (section 2) specifies that the Kalgoorlie licence area and the WA Remote licence area are to be treated as one licence area for the purposes of section 38B of the Broadcasting Services Act 1992 (the Act). This amalgamation allows for the allocation of a third commercial television licence (section 38B licence) in the Kalgoorlie licence area, where two commercial television broadcasting licences have already been allocated (section 38B(14) of the Act). This determination is made to accommodate situations where licence areas overlap or one area is entirely within another, thereby ensuring that regions served by multiple broadcasters can benefit from additional broadcasting services. The Determination imposes several obligations on the parties involved. Firstly, existing commercial television broadcasters in the amalgamated licence area may apply for the section 38B licence either individually or collectively through a joint-venture company (section 38B(14) of the Act). The additional service provided under the section 38B licence must be broadcast in digital mode only (subsection 38B(27) of the Act). ACMA is responsible for designating a time for the allocation of the licence once the relevant conditions are met (subsection 38B(27) of the Act). Additionally, the Determination ensures that the smaller of the two amalgamated licence areas is considered for the allocation of the third licence (subsection 38B(14A) of the Act). Failure to comply with the provisions of the Determination may result in various consequences. While specific offences and penalties are not explicitly stated in the Determination, breaches of the Act or associated regulations could lead to enforcement actions by ACMA. These actions may include fines, corrective orders, or other regulatory measures to ensure compliance with broadcasting standards and obligations. The exact penalties would depend on the nature and severity of the breach, as outlined in the Broadcasting Services Act 1992 and relevant regulations. In summary, the Determination amalgamates the Kalgoorlie and WA Remote licence areas to allow for the allocation of a third commercial television licence in the Kalgoorlie licence area, provided that the service is digital-only. It outlines the process for applying for the licence and designates the smaller of the amalgamated areas for licence allocation. The obligations include the application process for the licence and adherence to the digital-only broadcasting requirement. While the Determination does not specify penalties, non-compliance with the Act or associated regulations may result in enforcement actions by ACMA.

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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.