Broadcasting Services (Amalgamated Remote Television Licence Areas - Remote Central and Eastern Australia TV1 and Remote Central and Eastern Australia TV2) Determination 2009

Administered by Department of Communications and the Arts

Legislation au F2009L01237 Not in force Legislative Instrument

Legislation content

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 REMOTE CENTRAL AND EASTERN AUSTRALIA TV2) 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 Remote Central and Eastern Australia TV2) 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 RCEA TV2 licence area so that, for the purposes of section 38B, the RCEA TV2 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 RCEA TV2 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 RCEA TV2 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 Remote Central and Eastern Australia TV2) Determination 2009 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 overlap in remote television licence areas where more than 30% of the population of one licence area overlaps with another, or where a specified licence area is entirely within another specified licence area. The policy objective is to permit the allocation of a third commercial television licence (section 38B licence) in such overlapping or nested licence areas, ensuring that the additional service is broadcast in digital mode. This approach ensures that two commercial services can effectively serve the region where the licence areas overlap, enhancing the diversity and availability of broadcasting services in remote areas. The Determination amalgamates the Remote Central and Eastern Australia TV1 (RCEA TV1) and Remote Central and Eastern Australia TV2 (RCEA TV2) licence areas, treating them as a single licence area for the purposes of section 38B of the Act. This amalgamation allows the existing commercial television broadcasting licensees in these areas to apply for a section 38B licence, either individually, through a competitive process, or together via a joint-venture company, once ACMA has designated a time under subsection 38B(27). The aim is to provide additional broadcasting services in these remote regions while maintaining a competitive and non-anti-competitive market environment.

Scope and Application

The Broadcasting Services (Amalgamated Remote Television Licence Areas – Remote Central and Eastern Australia TV1 and Remote Central and Eastern Australia TV2) Determination 2009 applies to the broadcasting services within the specified remote licence areas in Australia. It is made under the Broadcasting Services Act 1992 and administered by the Australian Communications and Media Authority (ACMA). The determination amalgamates the Remote Central and Eastern Australia TV1 (RCEA TV1) licence area with the Remote Central and Eastern Australia TV2 (RCEA TV2) licence area for the purposes of allocating a third commercial television licence under section 38B of the Act. This amalgamation applies to the areas covered by the Licence Area Plan – Remote Central and Eastern Australia Television, which includes large sections of remote Australia excluding urban centres, and encompasses much of the Northern Territory, South Australia, Queensland, as well as remote parts of New South Wales, Victoria, and Tasmania. The determination does not specify any exclusions, exemptions, or thresholds, but it relies on the existing Licence Area Plan and the provisions of the Broadcasting Services Act 1992 to guide its application. The commencement of the determination is effective from the day after it is registered on the Federal Register of Legislative Instruments.

Key Provisions

The main operative sections of the Broadcasting Services (Amalgamated Remote Television Licence Areas – Remote Central and Eastern Australia TV1 and Remote Central and Eastern Australia TV2) Determination 2009 (section 38B(14)) are primarily concerned with the amalgamation of the RCEA TV1 and RCEA TV2 licence areas for the purposes of allowing an additional digital-only commercial television broadcasting service. This determination is made under the Broadcasting Services Act 1992 (the Act) and is intended to facilitate the provision of a third commercial television service in areas where only two commercial services are currently available. The Determination specifies that these two licence areas will be treated as one, thereby enabling the existing broadcasters to apply for a section 38B licence to provide a third service in digital mode. The obligations and requirements imposed by the Act on the parties and entities it governs include the need for existing broadcasters in the amalgamated licence areas to apply for the section 38B licence if they wish to provide an additional digital-only service. The process for applying for this licence can be competitive or conducted through a joint-venture company, as outlined in section 38B(14) of the Act. Broadcasters must adhere to the guidelines set forth in the Licence Area Plan – Remote Central and Eastern Australia Television (RCEA LAP) when applying for the licence, ensuring that the proposed service aligns with the characteristics and number of broadcasting services defined in the plan. Any breaches of the provisions under the Determination can lead to civil and criminal consequences, including penalties. The Act provides that individuals or entities that fail to comply with the requirements or obligations set forth in the Determination may be subject to enforcement actions by the Australian Communications and Media Authority (ACMA). The specific penalties for breaches are not detailed in the Explanatory Statement, but they would typically involve fines or other sanctions as stipulated under the relevant sections of the Broadcasting Services Act 1992. The maximum penalties for such offences can be significant, reflecting the importance of compliance with broadcasting regulations to ensure the proper functioning of the broadcasting services in the specified licence areas.

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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.