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

Administered by Department of Communications and the Arts

Legislation au F2008L04259 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 – SOUTH SOUTH WEST 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 – South South West 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 South West licence area so that, for the purposes of section 38B, the South West licence area will be treated as a licence area with two commercial television broadcasting services.  The two licensees effectively serving the South West 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 Golden West Network 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 South West 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 – South South West and Regional and Remote Western Australia) Determination 2008 was enacted under the Broadcasting Services Act 1992 to address the issue of overlapping remote television licence areas in Western Australia. This Determination allows the Australian Communications and Media Authority (ACMA) to amalgamate certain licence areas where they overlap, thereby facilitating the allocation of an additional digital-only commercial television licence. The policy objective is to ensure that regions with overlapping broadcast services can benefit from a third commercial television service without creating unnecessary competition or regulatory burden. The Determination was made in consultation with existing broadcasters in the affected areas and is intended to have minimal impact on business or the economy, as determined by ACMA's regulatory impact analysis. The Determination came into effect on the day after its registration on the Federal Register of Legislative Instruments.

Scope and Application

The Broadcasting Services (Amalgamated Remote Television Licence Areas – South South West and Regional and Remote Western Australia) Determination 2008 applies to the specified licence areas in Western Australia, specifically the South West licence area and the Western Australia Remote licence area, amalgamating them for the purposes of allocating a third commercial television licence under the Broadcasting Services Act 1992. This determination is made under the authority of the Australian Communications and Media Authority (ACMA) and affects the existing commercial television broadcasters, WIN Television Pty Ltd and Golden West Network Pty Ltd, that serve these areas. The primary purpose of this determination is to allow these broadcasters to apply, either individually or through a joint-venture company, for a digital-only licence. The geographic reach of this determination is confined to Western Australia, more precisely to the remote licence areas as defined in the Licence Area Plan – Remote and Regional Western Australia (Television) – February 1997. The Determination does not explicitly state any exclusions, exemptions, or thresholds, but it is implicitly understood that it only applies to the specified licence areas and commercial television broadcasters within those areas. The application and scope of this Determination can be further extended or specified through subordinate instruments issued by ACMA.

Key Provisions

The Broadcasting Services (Amalgamated Remote Television Licence Areas – South South West and Regional and Remote Western Australia) Determination 2008 (the Determination) outlines the process for allocating a third commercial television licence in specific Western Australian licence areas (sections 1-4). Under the Broadcasting Services Act 1992 (the Act), the Australian Communications and Media Authority (ACMA) can allocate a third licence (a section 38B licence) in areas where only two commercial television broadcasting licences have been allocated. The Determination amalgamates the South West licence area and the Western Australia (WA) Remote licence area, allowing the two licensees serving these areas to apply for a section 38B licence, either individually, competitively, or jointly through a venture company. This licence allows for the broadcast of a third digital-only commercial television service. The Determination imposes specific obligations on the entities it governs, primarily the existing commercial television broadcasters in the affected licence areas. These broadcasters must comply with the terms of the Determination and apply for the section 38B licence in accordance with the provisions of the Act. The broadcasters are also required to adhere to the broadcasting standards and regulations set out by ACMA. The Determination does not impose significant new obligations beyond those already stipulated in the Act. The Determination does not explicitly outline specific offences, penalties, or civil or criminal consequences for non-compliance. However, any breach of the conditions outlined in the Determination or the Act could potentially lead to enforcement actions by ACMA. Such actions could include fines, licence revocations, or other regulatory sanctions as provided for under the Act. The Act itself provides for penalties for non-compliance with broadcasting standards and other regulatory requirements, which could apply to breaches arising from the operation of the Determination.

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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.