Broadcasting Services (Amalgamated Remote Television Licence Areas - Remote Central and Eastern Australia TV1 and Mt Isa TV1) Determination 2009

Administered by Department of Communications and the Arts

Legislation au F2009L01239 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 – REMOTE CENTRAL AND EASTERN AUSTRALIA TV1 AND MT ISA TV1) DETERMINATION 2009

 

Broadcasting Services Act 1992

 

Background, purpose and legislative basis

 

This document provides an explanation of the Broadcasting Services (Amalgamated Remote Television Licence Areas – Remote Central and Eastern Australia TV1 and Mt Isa TV1) Determination 2009 (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 effectively 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.

The Licence Area Plan – Remote Central and Eastern Australia Television (the RCEA LAP) determines the number and characteristics of broadcasting services for three commercial television licence areas:

●       Remote Central and Eastern Australia TV1 (RCEA TV1);

●       Remote Central and Eastern Australia TV2 (RCEA TV2);

●       Mt Isa TV1.

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.

The RCEA TV1 licence area covers a large section of remote Australia including: much of the Northern Territory, South Australia and Queensland, excluding urban centres; and remote parts of New South Wales, Victoria and Tasmania.

The RCEA TV2 licence area encompasses the same area as the RCEA TV1 licence area, with the exception of the Mt Isa TV1 licence area. The Mt Isa TV1 licence area covers an area around the town of Mt Isa in Queensland.

The RCEA TV1 licence area entirely overlaps both the RCEA TV2 and Mt Isa TV1 licence areas. Each of the three licence areas is served by one commercial television broadcasting service. Consequently although each licence area contains a single service, two commercial services are delivered throughout the geographical area covered by the RCEA LAP.

ACMA has made a determination under subsection 38B(14) to amalgamate the RCEA TV1 licence area with the Mt Isa TV1 licence area so that, for the purposes of section 38B, the Mt Isa TV1 licence area will be treated as a licence area with two commercial television broadcasting services. Following the commencement of the amalgamation, the two licensees effectively serving the Mt Isa TV1 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, Imparja Television Pty Ltd and Macquarie Southern Cross Media (Regional 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 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 RCEA TV1 licence area and the Mt Isa TV1 licence area as the two licence areas to be treated as one.  Both licence areas are defined in the Licence Area Plan – Remote Central and Eastern Australia Television – December 1996 (as amended from time to time), which is registered on the Federal Register of Legislative Instruments.

Overview

The Broadcasting Services (Amalgamated Remote Television Licence Areas – Remote Central and Eastern Australia TV1 and Mt Isa TV1) Determination 2009 was enacted to address a gap in the allocation of commercial television broadcasting licences in remote areas of Australia, specifically where two or more licence areas overlap. This determination was made under subsection 38B(14) of the Broadcasting Services Act 1992 by the Australian Communications and Media Authority (ACMA), aiming to facilitate the provision of an additional commercial television service in digital mode within areas that are currently served by a single commercial television service. The policy objective is to enhance broadcasting services in remote regions by allowing for the potential introduction of a third commercial television service, thereby increasing competition and potentially improving service quality and diversity for viewers in these areas. The determination amalgamates specific licence areas to streamline the application process for a third licence, ensuring that the new service can be introduced without undue complexity or delay.

Scope and Application

The Broadcasting Services (Amalgamated Remote Television Licence Areas – Remote Central and Eastern Australia TV1 and Mt Isa TV1) Determination 2009 applies to the specific remote television licence areas identified within the Determination, namely the Remote Central and Eastern Australia TV1 (RCEA TV1) and Mt Isa TV1 licence areas. The RCEA TV1 licence area includes large sections of remote Australia excluding urban centres in the Northern Territory, South Australia, and Queensland, as well as remote parts of New South Wales, Victoria, and Tasmania. The Mt Isa TV1 licence area specifically covers an area around the town of Mt Isa in Queensland. This Determination is made under the Broadcasting Services Act 1992 and allows for the amalgamation of these licence areas for the purposes of allocating a third commercial television licence. The determination does not extend to any other licence areas or broadcasting services outside of these specified regions. The Determination comes into effect the day after its registration on the Federal Register of Legislative Instruments.

Key Provisions

The Broadcasting Services (Amalgamated Remote Television Licence Areas – Remote Central and Eastern Australia TV1 and Mt Isa TV1) Determination 2009 (the Determination) primarily concerns the amalgamation of two remote television licence areas for the purposes of allocating a third commercial television licence under section 38B of the Broadcasting Services Act 1992 (the Act). Section 4 of the Determination amalgamates the RCEA TV1 licence area with the Mt Isa TV1 licence area (Schedule), effectively treating them as a single licence area for the allocation of a third commercial television licence. This amalgamation is permissible under subsection 38B(14) of the Act, which allows for the amalgamation of licence areas where more than 30% of the population of one licence area overlaps with another or where one licence area is entirely within another. The obligations imposed by the Determination primarily concern the Australian Communications and Media Authority (ACMA), which is responsible for administering the Act. ACMA must ensure that the conditions outlined in the Determination are met and that the amalgamated licence areas are treated appropriately for the purposes of allocating a section 38B licence. Additionally, the Determination requires ACMA to consult with relevant stakeholders, such as incumbent commercial broadcasters, though in this case, no substantive issues arose from the consultation process. The Determination also outlines potential consequences for non-compliance, although specific offences and penalties are not detailed within the text provided. Under the Act, breaches of broadcasting regulations generally can result in both civil and criminal penalties, including fines and imprisonment. For instance, section 136 of the Act imposes penalties for non-compliance with broadcasting standards, including fines up to $22,000 for individuals and $110,000 for corporations. While the Determination itself does not specify these penalties, it is understood that breaches of the Act's provisions, including those related to licence allocations, could lead to such consequences. The exact nature and severity of penalties would be determined by the specific breach and the relevant sections of the Act.

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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.