Broadcasting Services (Primary Commercial Television Broadcasting Service) Amendment Declaration 2011 (No. 1)

Administered by Department of Communications and the Arts

Legislation au F2011L00671 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Issued by the Australian Communications and Media Authority
 

Broadcasting Services (Primary Commercial Television Broadcasting Service) Amendment Declaration 2011 (No.1) 

Broadcasting Services Act 1992

Purpose

The purpose of the Broadcasting Services (Primary Commercial Television Broadcasting Service) Amendment Declaration 2011 (No.1) (the Amendment Declaration) is to amend the Broadcasting Services (Primary Commercial Television Broadcasting Service) Declaration 2010 (the Declaration) in order to declare, under clause 41G of Schedule 4 to the Broadcasting Services Act 1992 (the Act), particular ‘SDTV multi-channelled commercial television broadcasting services’ (SDTV multi-channels) to be the ‘primary commercial television broadcasting services’ for commercial television broadcasting licensees in particular licence areas.

Legislative Provisions

Subclause 41G(2) of Schedule 4 to the Act provides that the Australian Communications and Media Authority (the ACMA) may declare one of the SDTV multi-channels provided by commercial television broadcasting licensees to be the ‘primary commercial television broadcasting service’ (Primary Service) after the end of the simulcast period or simulcast-equivalent period for the licence area of the licence. Subclause 41G(3) requires that such a declaration is in force at all times after the later of:

  • the end of the simulcast period, or simulcast-equivalent period, for the licence area, and
  • when a licensee commences to provide a SDTV multi-channel in the licence area.

The declaration of a Primary Service must be made by legislative instrument.

Background

The regulatory regime for commercial television broadcasting services is established by the Act. The Act sets out rules for the conversion, over time, of commercial television broadcasting services from analog to digital mode. These rules include the requirement for a ‘simulcast period’ for each terrestrial licence area, during which time commercial television broadcasting licensees must simulcast their original analog service in both standard definition digital mode (SDTV) and analog mode. This simulcast service in SDTV is taken to be the core commercial television broadcasting service (the core service) for these licensees.[1]

Declaring a Primary Service will provide certainty in respect of the regulatory obligations applying to each service provided by a commercial television broadcasting licensee after the simulcast period or simulcast-equivalent period.

A decision by the ACMA to declare a Primary Service will affect the operation of certain content regulations that apply to commercial television broadcasting services in or under the Act. These include, for example, the anti-siphoning scheme, program standards (e.g. Broadcasting Services (Australian Content) Standard 2005, Television Program Standard 23 – Australian Content in Advertising and the Children’s Television Standards 2009) and captioning rules.

Operation

The Amendment Declaration amends the Declaration to provide that, after the simulcast period for the Regional Victoria TV1, Eastern Victoria TV1 and Western Victoria TV1 licence areas, the SDTV multi-channels specified in Schedule 1 to the Declaration are the Primary Services for the relevant licensees of those services.

Consultation

Section 17 of the Legislative Instruments Act 2003 (the LIA) requires the ACMA to be satisfied that any consultation it considers to be appropriate and that is reasonably practicable to undertake has been undertaken. The ACMA consulted the licensees in each of the Regional Victoria TV1, Eastern Victoria TV1 and Western Victoria TV1 licence areas, being Prime Television (Victoria) Pty Ltd, WIN Television VIC Pty Ltd and Southern Cross Communications Pty Ltd.  

The ACMA also released a consultation paper for public and industry comment on declaring Primary Services in the Regional Victoria TV1, Eastern Victoria TV1 and Western Victoria TV1 licence areas on 24 February 2011. The closing date for submissions was on 18 March 2011.

Comments received from the affected licensees supported declaring the proposed Primary Services in each licence area.

Accordingly, the ACMA is satisfied that consultation has been conducted in accordance with the requirements of section 17 of the LIA.

Regulatory Impact

The ACMA  has considered whether a regulatory impact analysis process is required by undertaking a preliminary assessment, and formed the view that the recommendation in this submission would give rise to a regulatory change with only minor or machinery impact on the business or not-for-profit sector. The Office of Best Practice Regulation (OBPR) has verified that no further regulatory impact analysis is required for this proposal – OBPR reference number 12066.

Attachment

Further details of the Amendment Declaration are in the Attachment.


Attachment

NOTES ON SECTIONS

Section 1 – Name of Declaration

Section 1 provides that the name of the Amendment Declaration is the Broadcasting Services (Primary Commercial Television Broadcasting Service) Amendment Declaration 2011 (No.1).

Section 2 – Commencement

This section provides that the Amendment Declaration commences the day after it is registered on the Federal Register of Legislative Instruments.

Section 3 – Amendment of Broadcasting Services (Primary Commercial Television Broadcasting Service) Declaration 2010

This section provides that Schedule 1 of the Amendment Declaration amends the Declaration.

Schedule 1 Amendment

[Item 1] Schedule 1, table 1, after item 15

Item 1 inserts new items into the table at Schedule 1 of the Declaration, being a declaration that the SDTV multi-channel in Column 4 is the Primary Service for the holder of commercial television broadcasting service licence in Column 2 for the licence area in Column 1 for each of the Items 16 to 19 (inclusive).  The new items deal with the services provided under 4 licences – two in the Regional Victoria TV1 licence area and one in each of the Western Victoria TV1 and Eastern Victoria TV1 licence areas.

 

 

[1] Licences allocated under section 38B of the Act before 1 January 2009 authorise the provision of commercial television broadcasting services in digital mode only. In these cases, the core service is the sole SDTV multi-channel that could be provided before 1 January 2009.  See sections 41A to 41C of, and paragraph 7(1)(m) of Schedule 2 to, the Act.

Overview

The Broadcasting Services (Primary Commercial Television Broadcasting Service) Amendment Declaration 2011 (No. 1) was enacted to amend the Broadcasting Services (Primary Commercial Television Broadcasting Service) Declaration 2010 under clause 41G of Schedule 4 to the Broadcasting Services Act 1992. The purpose of this Amendment Declaration is to identify specific Standard Definition Television (SDTV) multi-channel services as the 'primary commercial television broadcasting services' for commercial television broadcasting licensees in particular licence areas after the end of the simulcast period or simulcast-equivalent period. This legislative amendment aims to provide certainty in the regulatory obligations for services provided by commercial television broadcasting licensees following the simulcast period. The Australian Communications and Media Authority (ACMA) was satisfied that appropriate consultation had been undertaken with the relevant licensees and the public as required by the Legislative Instruments Act 2003. The ACMA also confirmed that no further regulatory impact analysis was required for this proposal, given the minor impact on the business and not-for-profit sectors.

Scope and Application

The Broadcasting Services (Primary Commercial Television Broadcasting Service) Amendment Declaration 2011 (No.1) amends the Broadcasting Services (Primary Commercial Television Broadcasting Service) Declaration 2010 to specify certain Standard Definition Television (SDTV) multi-channel services as the primary commercial television broadcasting services for certain commercial television broadcasting licensees. This amendment applies to commercial television broadcasting licensees operating in the Regional Victoria TV1, Eastern Victoria TV1, and Western Victoria TV1 licence areas. The purpose is to provide regulatory certainty by identifying which SDTV multi-channel services should be considered primary once the simulcast period has ended. The amendment specifies the relevant SDTV multi-channels as primary services for licensees in these areas, as detailed in Schedule 1. This amendment is effective after the simulcast period for these licence areas and impacts the regulatory obligations of the affected licensees, including those related to content regulations such as the anti-siphoning scheme, program standards, and captioning rules. The Australian Communications and Media Authority (ACMA) has consulted with the relevant licensees and the public, ensuring compliance with the Legislative Instruments Act 2003. The amendment is a legislative instrument under clause 41G of Schedule 4 to the Broadcasting Services Act 1992.

Key Provisions

The main operative sections of the Broadcasting Services (Primary Commercial Television Broadcasting Service) Amendment Declaration 2011 (No.1) revolve around the declaration of specific SDTV multi-channelled commercial television broadcasting services as the primary commercial television broadcasting services (Primary Services) for commercial television broadcasting licensees in particular licence areas. This is done under subclause 41G(2) of Schedule 4 to the Broadcasting Services Act 1992 (the Act). The amendment specifies these Primary Services after the end of the simulcast period or simulcast-equivalent period for the licence areas of the licence, as required by subclause 41G(3). Such declarations are made by legislative instrument and must be in force from the later of the end of the simulcast period or when a licensee commences to provide a SDTV multi-channel in the licence area. The Amendment Declaration imposes specific obligations and requirements on the parties it governs. It mandates that the Australian Communications and Media Authority (ACMA) consult with the relevant licensees, such as Prime Television (Victoria) Pty Ltd, WIN Television VIC Pty Ltd, and Southern Cross Communications Pty Ltd, and consider public and industry comments before making a declaration. It also ensures that the ACMA follows the requirements set out in section 17 of the Legislative Instruments Act 2003 (LIA) for appropriate and practicable consultation. Additionally, the Amendment Declaration includes a process for amending the Broadcasting Services (Primary Commercial Television Broadcasting Service) Declaration 2010, specifically targeting the licence areas of Regional Victoria TV1, Eastern Victoria TV1, and Western Victoria TV1, as detailed in Schedule 1. The Amendment Declaration does not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches within the text provided. However, any failure to comply with the declared Primary Services could potentially result in non-compliance with the regulatory obligations set out in the Broadcasting Services Act 1992 and related content regulations. While the text does not detail the exact penalties for such non-compliance, it is reasonable to infer that breaches may lead to enforcement actions by the ACMA, which could include fines, sanctions, or other regulatory measures to ensure adherence to the declared Primary Services and associated content regulations.

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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.