Broadcasting Services (Digital-Only Local Market Areas for Northern New South Wales TV1) Determination (No. 1) 2012
as amended
made under clause 5F(1) of Schedule 4 of the
Broadcasting Services Act 1992
This compilation was prepared on 13 September 2012
taking into account amendments up to Broadcasting Services (Digital-Only Local Market Areas for Northern New South Wales TV1) Determination (No. 1) 2012 (Amendment No. 2 of 2012)
Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department, Canberra
Contents
1. Name of Determination [see Note 1]
2. Commencement [see Note 1]
3. Definitions
4. Determination
Notes
1. Name of Determination [see Note 1]
This Determination is the Broadcasting Services (Digital‑Only Local Market Areas for Northern New South Wales TV1) Determination (No. 1) 2012.
2. Commencement [see Note 1]
This Determination commences on the day after it is registered on the Federal Register of Legislative Instruments.
3. Definitions
In this Determination:
ACMA means the Australian Communications and Media Authority;
digital‑only local market area has the same meaning given by clause 5F of Schedule 4 to the Act;
local market area has the same meaning given by clause 5F of Schedule 4 to the Act;
Brisbane TV1 licence area is the area determined by the ACMA in the Licence Area Plan Brisbane Analog Television made under subsection 26(1) of the Act;
Northern New South Wales TV1 licence area is the area determined by the ACMA in the Licence Area Plan Northern NSW Analog Television made under subsection 26(1) of the Act;
Sydney TV1 licence area is the area determined by the ACMA in the Licence Area Plan Sydney Analog Television made under subsection 26(1) of the Act; and
the Act means the Broadcasting Services Act 1992.
4. Determination
4.1 For the purposes of Schedule 4 to the Act, the following areas are local market areas:
(a) the Northern New South Wales TV1 licence area except for:
(i) the area that overlaps with the Brisbane TV1 licence area;
(ii) the area that overlaps with the Sydney TV1 licence area; and
(iii) the area specified under paragraph 4.1(c);
(b) the area within the Northern New South Wales TV1 licence area that overlaps with the Brisbane TV1 licence area; and
(c) the area within the Northern New South Wales TV1 licence area that is within a 15km radius of the Ocean Shores Transmission Site.
4.2 For the purposes of Schedule 4 to the Act:
(a) the local market area specified under paragraph 4.1(a) is to become a digital‑only local market area from and including 27 November 2012;
(b) the local market area specified under paragraph 4.1(b) is to become a digital-only local market area from and including 28 May 2013; and
(c) the local market area specified under paragraph 4.1(c) is to become a digital-only local market area from and including 13 September 2012.
Notes to the Broadcasting Services (Digital-Only Local Market Areas for Northern New South Wales TV1) Determination (No. 1) 2012
Note 1
The Broadcasting Services (Digital-Only Local Market Areas for Northern New South Wales TV1) Determination (No. 1) 2012 (in force under clause 5F(1) of Schedule 4 of the Broadcasting Services Act 1992) as shown in this compilation is amended as indicated in the Tables below.
Table of Instruments
Title | Date of FRLI registration | Date of
commencement | Application, saving or
transitional provisions |
Broadcasting Services (Digital‑Only Local Market Areas for Northern New South Wales TV1) Determination (No. 1) 2012 | 21 Feb 2012 (see F2012L00342) | 22 Feb 2012 | |
Broadcasting Services (Digital‑Only Local Market Areas for Northern New South Wales TV1) Determination (No. 1) 2012 (Amendment No. 1 of 2012) | 11 Sept 2012 (see F2012L01859) | 12 Sept 2012 | — |
Broadcasting Services (Digital‑Only Local Market Areas for Northern New South Wales TV1) Determination (No. 1) 2012 (Amendment No. 2 of 2012) | 12 Sept 2012 (see F2012L01863) | 13 Sept 2012 | — |
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
Provision affected | How affected |
C. 4................. | am. 2012 Nos. 1 and 2 |
Overview
The Broadcasting Services (Digital-Only Local Market Areas for Northern New South Wales TV1) Determination (No. 1) 2012, made under clause 5F(1) of Schedule 4 of the Broadcasting Services Act 1992, was introduced to address the need for digital transition in Northern New South Wales television markets. This legislative instrument was enacted by the Australian Government, through the Australian Communications and Media Authority (ACMA), to facilitate the shift from analog to digital television broadcasting in specific local market areas. The primary policy objective was to ensure an orderly transition to digital broadcasting, thereby improving service quality and efficiency in line with technological advancements. The determination specifies certain areas within the Northern New South Wales TV1 licence area that will transition to digital-only broadcasting at designated dates, ensuring that the transition is managed in a manner that minimises disruption to service delivery.
This determination, which commenced on 22 February 2012, and has since been amended twice, identifies the Northern New South Wales TV1 licence area as a digital-only local market area, with specific exclusions for areas overlapping with Brisbane and Sydney TV1 licence areas, as well as a defined area near the Ocean Shores Transmission Site. The amendments further refine the transition timeline for these areas, ensuring precise implementation in accordance with the overarching objectives of the Broadcasting Services Act 1992.
Scope and Application
The Broadcasting Services (Digital-Only Local Market Areas for Northern New South Wales TV1) Determination (No. 1) 2012, as amended, applies to the Northern New South Wales TV1 licence area and its interactions with the Brisbane and Sydney TV1 licence areas. This legislation, operating under the Broadcasting Services Act 1992, designates specific areas within the Northern New South Wales TV1 licence area as digital-only local market areas. This includes the Northern New South Wales TV1 licence area excluding areas that overlap with the Brisbane and Sydney TV1 licence areas, and areas within a 15km radius of the Ocean Shores Transmission Site. The determination also outlines the dates from which these areas will transition to digital-only broadcasting. The application of this legislation is confined to the Commonwealth level, and it does not explicitly mention any exclusions, exemptions, or thresholds. However, it does specify areas that will not transition to digital-only broadcasting until later dates.
Key Provisions
The Broadcasting Services (Digital-Only Local Market Areas for Northern New South Wales TV1) Determination (No. 1) 2012, as amended, under clause 5F(1) of Schedule 4 of the Broadcasting Services Act 1992, outlines specific provisions concerning the digital-only transition in designated local market areas in Northern New South Wales. The Determination identifies particular areas within the Northern New South Wales TV1 licence area that will transition to digital-only broadcasting. These areas are defined in section 4.1 of the Determination, which excludes certain overlapping zones with the Brisbane TV1 licence area and the Sydney TV1 licence area, as well as a specific 15km radius area around the Ocean Shores Transmission Site.
Section 4.2 further specifies the transition dates for these areas to become digital-only local market areas. The largest area within the Northern New South Wales TV1 licence area, excluding overlaps, is set to transition on 27 November 2012. The area that overlaps with the Brisbane TV1 licence area will transition on 28 May 2013, and the 15km radius area around the Ocean Shores Transmission Site will transition on 13 September 2012.
The Determination imposes obligations on broadcasters and other relevant parties to ensure compliance with the digital-only transition schedule. Broadcasters operating within the designated areas must ensure that their services are compliant with the new digital-only standards by the specified dates. The Australian Communications and Media Authority (ACMA) will oversee the transition, ensuring that all broadcasters adhere to the requirements set forth in the Determination.
Failure to comply with the provisions of this Determination may result in legal consequences. Although specific penalties are not detailed in the Determination itself, breaches of the Broadcasting Services Act 1992, under which this Determination is made, can lead to significant penalties. These may include substantial fines and, in severe cases, criminal charges. The precise penalties would depend on the nature and severity of the breach, as well as the provisions of the overarching Act.