Broadcasting Services (Start Dates for Section 38C Licence Areas) Declaration 2010
as amended
made under clause 7H of Schedule 2 to the
Broadcasting Services Act 1992
This compilation was prepared by the Australian Communications and Media Authority on 15 July 2013 taking into account amendments up to Broadcasting Services (Start Dates for Section 38C Licence Areas) Amendment Declaration 2012 (No. 1).
1 Name of Declaration
This Declaration is the Broadcasting Services (Start Dates for Section 38C Licence Areas) Declaration 2010.
2 Commencement
This Declaration commences on the day after it is registered.
3 Definitions
In this Declaration:
Act means the Broadcasting Services Act 1992.
Northern Australia TV3 licence area means the licence area specified in item 2 of the table at subsection 38C(1) of the Act.
South Eastern Australia TV3 licence area means the licence area specified in item 1 of the table at subsection 38C(1) of the Act.
Western Australia TV3 licence area means the licence area specified in item 3 of the table at subsection 38C(1) of the Act.
Note For the definitions of other expressions used in this Declaration, see section 6 of the Act.
4 Declaration of start date for licence areas
For the purposes of Division 2 of Part 3 of Schedule 2 to the Act, the ACMA declares that the start date for a licence area listed in column 1 of an item in the table in Schedule 1 is the date specified in column 2 of that item.
Schedule 1 Start dates for licence areas of licences allocated under section 38C
(section 4)
Table 1 Start dates
Item | Column 1 Licence Area | Column 2 Start Date |
1 | Northern Australia TV3 | 15 December 2010 |
2 | South Eastern Australia TV3 | 15 December 2010 |
3 | Western Australia TV3 licence area | 10 February 2012 |
Notes to the Broadcasting Services (Start Dates for Section 38C Licence Areas) Declaration 2010
Note 1
The Broadcasting Services (Start Dates for Section 38C Licence Areas) Declaration 2010 as shown in this compilation comprises the principal instrument amended as indicated in the Tables below.
Table of Instruments
Year | Date of notification
in Gazette or registration | Date of
commencement | Application, saving or
transitional provisions |
Broadcasting Services (Start Dates for Section 38C Licence Areas) Declaration 2010 | 14 December 2010 F2010L03241 | 15 December 2010 | |
Broadcasting Services (Start Dates for Section 38C Licence Areas) Amendment Declaration 2012 (No. 1) | 9 February 2012 F2012L00221 | 9 February 2012 | |
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
Provision affected | How affected |
Section 3 …………………... | am. 2012 No. 1 |
Schedule | |
Table 1 | am. 2012 No.1 |
Overview
The Broadcasting Services (Start Dates for Section 38C Licence Areas) Declaration 2010, enacted under the Broadcasting Services Act 1992, addresses the issue of defining specific start dates for licence areas under section 38C of the Act. This legislative instrument was introduced by the Australian Communications and Media Authority (ACMA) to provide clarity and certainty regarding the commencement of digital television services in designated areas. The policy objective is to ensure that the broadcasting services in specified licence areas begin on clearly defined dates, facilitating effective planning and implementation of the broadcasting services in these regions. The Declaration was amended in 2012 to adjust the start date for the Western Australia TV3 licence area, reflecting changes in the operational schedule of the broadcasting services.
Scope and Application
The Broadcasting Services (Start Dates for Section 38C Licence Areas) Declaration 2010, as amended, applies to the commencement dates of specific licence areas under the Broadcasting Services Act 1992. This instrument is made by the Australian Communications and Media Authority (ACMA) under clause 7H of Schedule 2 to the Act and sets out the start dates for the Northern Australia TV3 licence area, the South Eastern Australia TV3 licence area, and the Western Australia TV3 licence area. Each of these licence areas is defined in the Declaration and corresponds to geographical regions within Australia. The start dates are designated to ensure compliance with the statutory framework for broadcasting services and are intended to facilitate the orderly operation and regulation of broadcasting services within the specified areas. The Declaration is a Commonwealth legislative instrument, indicating its applicability across Australia, and is subject to amendments, as evidenced by the Broadcasting Services (Start Dates for Section 38C Licence Areas) Amendment Declaration 2012 (No. 1), which adjusted the start date for the Western Australia TV3 licence area. This legislative instrument does not specify exclusions or exemptions, and its application is limited to the defined licence areas and dates as declared.
Key Provisions
The Broadcasting Services (Start Dates for Section 38C Licence Areas) Declaration 2010 (the "Declaration") sets out the commencement dates for licence areas allocated under section 38C of the Broadcasting Services Act 1992 (the "Act"). Specifically, section 4 of the Declaration declares the start date for each licence area listed in column 1 of the table in Schedule 1 to be the date specified in column 2 of that item. The table lists the Northern Australia TV3 licence area, the South Eastern Australia TV3 licence area, and the Western Australia TV3 licence area, with corresponding start dates of 15 December 2010, 15 December 2010, and 10 February 2012 respectively.
The Declaration imposes obligations on the Australian Communications and Media Authority (ACMA) to ensure that the start dates for the licence areas are set out as declared. The ACMA must ensure that the start dates are adhered to and that the licence areas are operational from the specified dates.
Breaching the obligations set out in the Declaration may result in civil or criminal consequences. The Act provides for a range of penalties for breaches of its provisions, including fines and imprisonment. The maximum penalties for breaches of the Act are set out in section 328 of the Act, which provides for fines of up to $22,200 for individuals and $111,000 for bodies corporate, as well as imprisonment for up to two years for individuals and five years for bodies corporate. It is important to note that these penalties are in addition to any other remedies or penalties that may be available under other laws.
In summary, the Declaration sets out the start dates for licence areas allocated under section 38C of the Act, imposes obligations on the ACMA to ensure that these dates are adhered to, and provides for civil and criminal consequences for breaches of the Act. The maximum penalties for breaches of the Act are significant, highlighting the importance of compliance with the obligations set out in the Declaration and the Act more broadly.