Broadcasting Services Amendment (Review of Future Uses of Broadcasting Services Bands Spectrum) Act 2011

Overview

The Broadcasting Services Amendment (Review of Future Uses of Broadcasting Services Bands Spectrum) Act 2011 was enacted by the Parliament of Australia to address the need for a structured review process of broadcasting services bands spectrum, ensuring its optimal use for various broadcasting services across Australia. The Act amends the Broadcasting Services Act 1992, introducing a framework for the Minister to mandate and conduct reviews on the allocation and use of broadcasting spectrum, both for television services and other broadcasting services. The primary policy objective of this legislation is to facilitate informed decision-making regarding the spectrum's allocation to meet the evolving needs of broadcasting services while considering public consultation, existing spectrum use, and consumer impacts. The Act requires an initial review to be completed before 1 January 2013, assessing whether broadcasting services bands spectrum should be allocated for specific areas to provide television and other broadcasting services, and determining any necessary variations to licence area plans or licensing requirements. Subsequent reviews can be conducted at the Minister's discretion, provided the previous review's report has been finalised. The Australian Communications and Media Authority (ACMA) is mandated to provide necessary information for these reviews, and the Minister must prepare and table a report of each review in Parliament. This legislative amendment aims to ensure that spectrum allocation decisions are evidence-based and responsive to the needs of the broadcasting sector and consumers.

Scope and Application

The Broadcasting Services Amendment (Review of Future Uses of Broadcasting Services Bands Spectrum) Act 2011 amends the Broadcasting Services Act 1992 to mandate a comprehensive review of the allocation and use of broadcasting services bands spectrum. This Act applies to the Minister for Communications and relevant entities such as the Australian Communications and Media Authority (ACMA), and it is concerned with the allocation of spectrum for broadcasting services in Australia, including television and other services. The Act applies across the Commonwealth of Australia, impacting entities and persons involved in broadcasting services. It mandates an initial review to be completed by 1 January 2013, followed by subsequent reviews that the Minister may conduct after the initial review. The Act ensures that the reviews consider the objects of the Broadcasting Services Act, the availability of spectrum, and the potential impact on existing uses of spectrum and consumers. Public consultation is a requirement for the conduct of these reviews, and ACMA must provide necessary information to facilitate them. Reports of the reviews must be laid before each House of the Parliament within 15 sitting days of their completion. The Act does not specify exclusions or exemptions, nor does it detail any thresholds, but it allows for the scope of application to be extended or restricted through subordinate instruments.

Key Provisions

The Broadcasting Services Amendment (Review of Future Uses of Broadcasting Services Bands Spectrum) Act 2011 amends the Broadcasting Services Act 1992 to introduce provisions for reviewing the allocation and use of broadcasting services bands spectrum. Under section 35A, the Minister is mandated to conduct an initial review before 1 January 2013, assessing whether available spectrum should be used for television broadcasting services and other services, and determining any necessary variations to licence area plans or licensing requirements. Subsequent reviews can be initiated at the Minister’s discretion but must follow the completion of the initial review report. The review process requires public consultation and considers factors such as the availability of spectrum, potential impacts on existing services and consumers, and the objects of the Act. The Act imposes specific obligations on the Minister and the Australian Communications and Media Authority (ACMA). The Minister must ensure that reviews are conducted in line with the specified criteria and that reports are prepared and tabled before each House of Parliament within 15 sitting days after completion. The ACMA is required to provide necessary information for the conduct of these reviews, ensuring that the reviews are well-informed and comprehensive. Both entities must work collaboratively to meet these statutory obligations. Breaches of the obligations under the Act may have significant consequences. Although the Act does not explicitly outline specific penalties for non-compliance, failure to conduct the required reviews or to prepare and table the review reports within the stipulated timeframes could potentially lead to legal challenges or scrutiny from Parliament. The seriousness of the consequences would depend on the context and the extent of non-compliance, but the Act underscores the importance of adhering to its mandates to maintain the integrity and effectiveness of the broadcasting services framework.