Broadcasting Services (Deemed Digital Radio Licence Areas) Determination 2017

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2017L01573 In force Legislative Instrument

Legislation content

 

Broadcasting Services (Deemed Digital Radio Licence Areas) Determination 2017

 

made under subsection 8AD(3) of the

Broadcasting Services Act 1992

 

 

Compilation No. 1

Compilation date:    30 November 2019

Includes amendments up to: F2019L01537

 

 

 

 

 

 

 

 

 

Prepared by the Australian Communications and Media Authority, Melbourne

 

About this compilation

 

This compilation

This is a compilation of the Broadcasting Services (Deemed Digital Radio Licence Areas) Determination 2017 that shows the text of the law as amended and in force on 30 November 2019 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law.  Any uncommenced amendments affecting the law are accessible on the Federal Register of Legislation (www.legislation.gov.au).  The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes.  For more information on any uncommenced amendments, see the series page on the Federal Register of Legislation for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law.  Accordingly, this compilation does not show the text of the compiled law as modified.  For more information on any modifications, see the series page on the Federal Register of Legislation for the compiled law.

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

1   Name

  This is the Broadcasting Services (Deemed Digital Radio Licence Areas) Determination 2017.

3   Authority

  This instrument is made under subsection 8AD(3) of the Act.

5   Definitions

  In this instrument Act means the Broadcasting Services Act 1992.

6   Deemed licence areas

(1) For the purposes of the provisions mentioned in paragraphs 8AD(3)(a) to (c) of the Act and the application of the provisions and laws mentioned in paragraph 8AD(3)(d) of the Act to digital community radio broadcasting services, a licence area of a community radio broadcasting licence mentioned in an item in the Schedule is taken to be the same as the licence area of the commercial radio broadcasting licence mentioned in that item.

(2) The licence area of a commercial radio broadcasting licence mentioned in column 3 of the Schedule may be identified using the information in column 4 of the Schedule.

7   References to legislative instruments

  In this instrument, unless the contrary intention appears a reference to any other legislative instrument is a reference to that other legislative instrument as in force from time to time.

 

Note 1: For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.

Note 2: All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.

Schedule (section 6)

 

Item

Community Radio Broadcasting Licence Area

Commercial Radio Broadcasting Licence Area

Information

1

NSW Community RA1

Sydney RA1

The licence area for Sydney RA1 is at Attachment 1.1 to the Licence Area Plan – Sydney Radio (F2005B00628)

2

Victorian Community RA1

Melbourne RA1

The licence area for Melbourne RA1 is at Attachment 1.1 to the Licence Area Plan – Melbourne Radio (F2005B00815)

3

Darwin RA2

Darwin RA1

The licence area for Darwin RA1 is at Attachment 2.1 to the Licence Area Plan – Darwin Radio (F2005B00950)

4

Darwin RA3

Darwin RA1

The licence area for Darwin RA1 is at Attachment 2.1 to the Licence Area Plan – Darwin Radio (F2005B00950)

5

Canberra RA2

Canberra RA1

The licence area for Canberra RA1 is at Attachment 1.1 to the Licence Area Plan – Canberra Radio (F2005B00672)

6

Hobart RA3

Hobart RA1

The licence area for Hobart RA1 is at Attachment 1.1 to the Licence Area Plan – Hobart Radio (F2005B00971)

Note   The letters and numbers included in parentheses following each legislative instrument mentioned in column 4 refer to the Federal Register of Legislation unique identifier for that legislative instrument.

 

 

Endnotes

Endnote 1 About the endnotes

The endnotes provide information about this compilation and the compiled law.

Endnote 2 (Abbreviation key) sets out abbreviations that may be used in the endnotes.

Endnote 3 (Legislation history) provides information about each law that has amended (or will amend) the compiled law.  The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

Endnote 4 (Amendment history) provides information about the amendments at the provision (generally section or equivalent) level and includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law. 

It also includes information about any misdescribed amendment (that is, an amendment that does not accurately describe the amendment to be made).  If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.  If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2—Abbreviation key

ad = added or inserted

(md not incorp) = misdescribed amendment

am = amended

   cannot be given effect

amdt = amendment

mod = modified/modification

c = clause(s)

No. = Number(s)

Ch = Chapter(s)

par = paragraph(s)/subparagraph(s)

def = definition(s)

   /subsubparagraph(s)

Dict = Dictionary

Pt = Part(s)

disallowed = disallowed by Parliament

r = regulation(s)/rule(s)

Div = Division(s)

rep = repealed

exp = expires/expired or ceases/ceased to have effect

rs = repealed and substituted

F = Federal Register of Legislation

s = section(s)/subsection(s)

gaz = gazette

Sch = Schedule(s)

LA = Legislation Act 2003

Sdiv = Subdivision(s)

LIA = Legislative Instruments Act 2003

underlining = whole or part not

(md) = misdescribed amendment can be given effect

   commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Broadcasting Services (Deemed Digital Radio Licence Areas) Determination 2017

4 December 2017
(see F2017L01573)

5 December 2017

 

Broadcasting Services (Deemed Digital Radio Licence Areas) Amendment Determination 2019 (No.1)

29 November 2019
(see F2019L01537)

30 November 2019

 

 

 

 

 

 

 

 

 

Endnote 4—Amendment history

 

Provision affected

How affected

s 2

rep. LA s 48D

s. 4

rep. LA s 48C

Schedule, item 6

ad. F2019L01537

 

 

 

 

 

 

 

 

 

 

 

Overview

The Broadcasting Services (Deemed Digital Radio Licence Areas) Determination 2017 was enacted under subsection 8AD(3) of the Broadcasting Services Act 1992. This legislative instrument was introduced to address the issue of aligning the licence areas for digital community radio broadcasting services with those of commercial radio broadcasting services, ensuring consistency and continuity in broadcasting services across Australia. The determination was made by the Australian Communications and Media Authority and aims to facilitate the application of relevant provisions and laws to digital community radio broadcasting services, thereby streamlining regulatory oversight and service delivery in the broadcasting sector. The Broadcasting Services (Deemed Digital Radio Licence Areas) Determination 2017 identifies specific community radio broadcasting licence areas that correspond to commercial radio broadcasting licence areas, as detailed in the Schedule. This alignment ensures that the provisions and laws applicable to commercial radio services are appropriately extended to digital community radio services, promoting a cohesive regulatory framework. The determination was enacted to ensure that digital community radio broadcasting services operate under a clear and consistent set of regulations, mirroring those applied to their commercial counterparts.

Scope and Application

The Broadcasting Services (Deemed Digital Radio Licence Areas) Determination 2017 applies to digital community radio broadcasting services, aligning their licence areas with those of corresponding commercial radio broadcasting services. This alignment ensures that community radio broadcasters operate within the same geographic boundaries as their commercial counterparts, facilitating regulatory consistency and operational clarity. The determination is made under subsection 8AD(3) of the Broadcasting Services Act 1992, extending its reach across multiple specified licence areas including Sydney, Melbourne, Darwin, Canberra, and Hobart. These areas are identified in the Schedule, with specific details provided in referenced legislative instruments detailing the geographic extent of each licence area. The determination does not explicitly state any exclusions, exemptions, or thresholds but operates under the broader legislative framework of the Act, which may include such provisions. Any modifications or further clarifications to the application of this determination may be made through subordinate instruments, ensuring its continued relevance and effectiveness.

Key Provisions

The Broadcasting Services (Deemed Digital Radio Licence Areas) Determination 2017, made under subsection 8AD(3) of the Broadcasting Services Act 1992, primarily deals with the identification of licence areas for certain community radio broadcasting services by deeming them to be the same as those of corresponding commercial radio broadcasting services. The key provision is section 6, which specifies that for the purposes of certain provisions of the Act and related laws, the licence area of a community radio broadcasting licence is taken to be the same as the licence area of a commercial radio broadcasting licence. This is detailed in the Schedule, where each community radio broadcasting licence area is matched with a corresponding commercial radio broadcasting licence area, and the latter is identified by the information provided in column 4 of the Schedule. The obligations and requirements imposed by this Determination are focused on ensuring that the licence areas for community radio broadcasting services align with those of commercial radio broadcasting services as specified. This alignment facilitates the application of relevant provisions and laws uniformly across both types of services. The Determination also requires that the information used to identify the commercial radio broadcasting licence areas must be accurate and up-to-date, as referenced in the Schedule and the attached licence area plans. There are no explicit offences, penalties, or civil/criminal consequences outlined in the Determination itself. However, the effectiveness and compliance with this Determination are crucial for ensuring that community radio broadcasters operate within the correct licence areas, which is necessary for adherence to broadcasting regulations and laws. Any breach of broadcasting regulations, indirectly affected by the proper application of this Determination, would be subject to the penalties and consequences provided under the Broadcasting Services Act 1992 and related legislation. For instance, non-compliance with broadcasting standards or licence conditions could lead to fines, broadcasting service cancellations, or other regulatory actions as stipulated in the Act.

Legal classification tags

Area of Law
Media & Entertainment Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Regulatory Standards
Reporting & Disclosure Obligations

Interactions

Authorises

All Versions

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.