Communications Legislation Amendment (Regional Broadcasting Continuity) Act 2024

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

Legislation au C2024A00113 In force Act

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Communications Legislation Amendment (Regional Broadcasting Continuity) Act 2024

No. 113, 2024

 

 

 

 

 

An Act to amend the law relating to communications, and for related purposes

 

 

Contents

1 Short title

2 Commencement

3 Schedules

Schedule 1—Amendments

Part 1—Declared service‑deficient areas

Broadcasting Services Act 1992

Part 2—Consolidating transmitter licences for certain broadcasting services

Radiocommunications Act 1992

Part 3—Preparation of licence area plans

Broadcasting Services Act 1992

 

 

 

Communications Legislation Amendment (Regional Broadcasting Continuity) Act 2024

No. 113, 2024

 

 

 

An Act to amend the law relating to communications, and for related purposes

[Assented to 10 December 2024]

The Parliament of Australia enacts:

1  Short title

  This Act is the Communications Legislation Amendment (Regional Broadcasting Continuity) Act 2024.

2  Commencement

 (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this Act

The day after this Act receives the Royal Assent.

11 December 2024

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

 (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Schedules

  Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Amendments

Part 1—Declared service‑deficient areas

Broadcasting Services Act 1992

1  Paragraph 130ZH(1)(a)

Omit “less than the number of commercial television broadcasting services required by clauses 7B and 7C of Schedule 2 to be provided under a commercial television broadcasting licence allocated under section 38C”, substitute “deficient”.

2  Paragraph 130ZH(1)(c)

Omit “the section 38C licence”, substitute “a commercial television broadcasting licence allocated under section 38C”.

3  After subsection 130ZH(1)

Insert:

 (2) For the purposes of determining whether the number of services provided to persons in a particular area is deficient as mentioned in paragraph (1)(a) or (4)(d), the ACMA may have regard to the following:

 (a) the current applicable terrestrial digital commercial television broadcasting services provided to persons in:

 (i) the relevant area; and

 (ii) other licence areas;

 (b) the history of such services having been provided to persons in the relevant area;

 (c) the extent to which there has been a reduction in the number of such services provided to persons in the relevant area;

 (d) any other matters that the ACMA considers relevant.

4  Paragraph 130ZH(4)(d)

Omit all the words after “relevant area is”, substitute “deficient”.

5  Subsection 130ZH(5)

Repeal the subsection.

6  Saving provision

To avoid doubt, a declaration made under subsection 130ZH(1) of the Broadcasting Services Act 1992 that was in force immediately before the commencement of this Schedule continues in force on and after that commencement.

7  Application provision

Subsection 130ZH(4) of the Broadcasting Services Act 1992, as amended by this Part, applies in relation to a declaration made under subsection 130ZH(1) of that Act before, on or after the commencement of this Schedule.

Part 2—Consolidating transmitter licences for certain broadcasting services

Radiocommunications Act 1992

8  Subsection 102(1)

After “(2AB)”, insert “and section 102AE”.

9  At the end of subsection 102(1)

Add:

Note: Section 102AE provides for the consolidation of transmitter licences issued under this subsection, with the effect that multiple broadcasting services bands licences may relate to a single consolidated transmitter licence.

10  Subsection 102(2)

Omit “If”, substitute “Subject to subsection 102AE(4), if”.

11  After section 102AD

Insert:

102AE  Consolidating transmitter licences for certain broadcasting services

Consolidation requests

 (1) The licensee of a transmitter licence issued under subsection 102(1) and the licensee of another such licence (together the relevant licences) may request, by written notice given to the ACMA, that the ACMA make a declaration under subsection (3) of this section in relation to the relevant licences.

 (2) The licensee of each of the relevant licences may be the same licensee.

Consolidation declarations

 (3) If the ACMA is satisfied that it is appropriate in all the circumstances to do so, the ACMA may make a declaration under this subsection providing that:

 (a) the transmitter licence (the consolidated licence) specified in the declaration, being one of the relevant licences, is taken to authorise:

 (i) the operation of the one or more radiocommunications transmitters specified in the consolidated licence; and

 (ii) the transmission, using those transmitters, of the broadcasting service or services concerned in accordance with each of the broadcasting services bands licences to which either of the relevant licences relates; and

 (b) the consolidated licence is taken to be held:

 (i) if the licensee of each of the relevant licences is the same licensee—by that licensee; or

 (ii) if the licensee of each of the relevant licences is different—jointly by those licensees; and

 (c) the consolidated licence is taken to continue to be issued under section 102 and each of the broadcasting services bands licences mentioned in paragraph (a) of this subsection are taken to be the related licences, as referred to in section 102, of the consolidated licence; and

 (d) the other of the relevant licences is taken to have been surrendered, and the ACMA is taken to have accepted that surrender, at the time the declaration is made.

Transfer of related licences

 (4) If one of the related licences referred to in paragraph (3)(c) is transferred by the licensee (the first licensee) of that related licence to another person (the second licensee), then:

 (a) unless the first licensee holds one of the other related licences—the first licensee is taken to cease to hold the consolidated licence; and

 (b) the consolidate licence is taken to be held:

 (i) if the licensee of each of the related licences is the second licensee—by the second licensee; or

 (ii) if the licensee of each of the related licences is different—jointly by the second licensee and each licensee of the other related licences.

Rules

 (5) The ACMA may, by legislative instrument, make rules prescribing the following matters:

 (a) the types of licensees that may make a consolidation request;

 (b) the information that must be included in a consolidation request;

 (c) the circumstances in which a consolidation request or consolidation declaration may be made;

 (d) the matters that may be provided for in a consolidation declaration;

 (e) the effects of making a consolidation declaration;

 (f) the circumstances in which a consolidation declaration may be varied or revoked, and the effects of such a variation or revocation;

 (g) any other matters that the ACMA considers necessary or convenient to give effect to this section.

 (6) The Minister may, by legislative instrument, give directions to the ACMA in relation to the exercise of the ACMA’s powers in making rules under subsection (5).

Note: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 do not apply to directions given under this subsection (see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act).

 (7) The ACMA must comply with a direction given under subsection (6).

Definitions

 (8) In this section:

consolidation declaration means a declaration made under subsection (3).

consolidation request means a request made under subsection (1).

12  Subsection 103(4A)

Omit “A transmitter licence”, substitute “Subject to subsection (5), a transmitter licence”.

13  After subsection 103(4A)

Insert:

 (5) If:

 (a) a transmitter licence is issued under subsection 102(1); and

 (b) a declaration made under subsection 102AE(3) is in force in relation to the transmitter licence; and

 (c) as a result of that declaration:

 (i) the transmitter licence continues in force; and

 (ii) multiple broadcasting services bands licenses are taken to be the related licences, as referred to in paragraph 102AE(3)(c), of the transmitter licence;

then the transmitter licence continues in force until all of the related licenses cease to be in force.

14  Application provision—general

The amendments of the Radiocommunications Act 1992 made by this Part apply in relation to a consolidation request made under subsection 102AE(1) of that Act, as inserted by this Part, after the commencement of this Schedule, whether or not the transmitter licences to which the request relates were issued before, on or after that commencement.

15  Transitional provision—consolidation declarations

The ACMA may, in a consolidation declaration made under subsection 102AE(3) of the Radiocommunications Act 1992, provide that the consolidation declaration is taken to have effect from a day that is before the day on which the consolidation declaration is made, or before the commencement of this Schedule, or both.

Part 3—Preparation of licence area plans

Broadcasting Services Act 1992

16  After subsection 26(1E)

Insert:

 (1F) To avoid doubt, and without limiting the operation of this section, a television licence area plan may allot, or empower the ACMA to allot, a channel to 2 or more particular commercial television broadcasting licensees.

17  Application provision—general

Subsection 26(1F) of the Broadcasting Services Act 1992, as inserted by this Part, applies in relation to a television licence area plan prepared before, on or after the commencement of this Schedule.

18  Transitional provision—variation of television licence area plans

(1) This item applies to a television licence area plan prepared by the ACMA under subsection 26(1B) of the Broadcasting Services Act 1992 if:

 (a) the television licence area plan was in force immediately before the commencement of this Schedule; and

 (b) on or after that commencement, the television licence area plan is varied by the ACMA under subsection 26(2) of that Act; and

 (c) the television licence area plan is varied only to the extent necessary in order to allot, or empower the ACMA to allot, a channel to 2 or more particular commercial television broadcasting licensees.

(2) The ACMA may provide that the television licence area plan, as varied in accordance with paragraph (1)(c), is taken to have effect from a day that is before the day on which the variation is made, or before the commencement of this Schedule, or both.

 

[Minister’s second reading speech made in—

House of Representatives on 26 June 2024

Senate on 2 July 2024]

(79/24)

 

Overview

The Communications Legislation Amendment (Regional Broadcasting Continuity) Act 2024 was enacted to address the issue of regional broadcasting continuity in Australia, particularly concerning the provision of commercial television services in areas that have experienced a reduction in service availability. This Act amends the Broadcasting Services Act 1992 and the Radiocommunications Act 1992, and it was passed by the Parliament of Australia with the objective of enhancing the mechanisms for identifying service-deficient areas, facilitating the consolidation of transmitter licences, and improving the process for preparing licence area plans. This legislative amendment aims to ensure that regional areas continue to receive adequate broadcasting services, thereby supporting media diversity and accessibility across the country. The Act introduces several key amendments, including changes to the criteria for declaring service-deficient areas, provisions for consolidating transmitter licences to streamline operations, and adjustments to the preparation and variation of television licence area plans to better accommodate the needs of regional broadcasters. The Australian Communications and Media Authority (ACMA) is tasked with implementing these changes, ensuring that the broadcasting services provided to regional areas meet the necessary standards and that the regulatory framework supports the continuity and quality of these services. The Act’s provisions are designed to maintain a balance between the operational efficiency of broadcasters and the accessibility of services for regional communities.

Scope and Application

The Communications Legislation Amendment (Regional Broadcasting Continuity) Act 2024 amends existing communications laws to enhance regional broadcasting services. This Act applies to entities and individuals involved in the provision of broadcasting services, particularly in areas identified as service-deficient, as well as those involved in the consolidation of transmitter licenses. The geographic reach of this legislation is national, as it operates under the Commonwealth jurisdiction. Notably, the Act modifies the Broadcasting Services Act 1992 to introduce criteria for determining service-deficient areas, allowing the Australian Communications and Media Authority (ACMA) to consider various factors, including the history of services provided and any reductions in those services. Furthermore, it amends the Radiocommunications Act 1992 to facilitate the consolidation of transmitter licenses, enabling multiple broadcasting services bands licenses to relate to a single consolidated transmitter license, subject to ACMA approval. Additionally, the Act introduces provisions for the preparation of licence area plans, allowing for the allotment of channels to multiple commercial television broadcasting licensees. The application of these amendments is broad, covering existing and future licence areas and consolidation requests. While the Act provides for the continuation of certain declarations and plans in force prior to its commencement, it does not specify any exclusions or thresholds. The ACMA has the authority to issue rules and directions to govern the implementation of these amendments.

Key Provisions

The main operative sections of the Communications Legislation Amendment (Regional Broadcasting Continuity) Act 2024 pertain to the amendments of the Broadcasting Services Act 1992 and the Radiocommunications Act 1992. Firstly, Section 1 amends the Broadcasting Services Act 1992 by changing the criteria for determining if an area is service-deficient, allowing the Australian Communications and Media Authority (ACMA) to consider various factors such as the number of terrestrial digital commercial television broadcasting services in relevant and other areas, and the history of services in the area. This change is implemented through the omission and substitution of certain phrases in paragraphs 130ZH(1)(a) and (c), and the addition of a new subsection 130ZH(2). Secondly, Section 10 introduces the concept of consolidating transmitter licences under the Radiocommunications Act 1992, allowing multiple broadcasting services bands licences to be associated with a single consolidated transmitter licence. This is achieved by inserting a new subsection 102AE into the Radiocommunications Act 1992, which details the process for making consolidation requests and declarations, and the effects of such declarations. The obligations and requirements imposed by the Act on the parties it governs primarily concern the ACMA and broadcasting service licensees. The ACMA is tasked with making determinations about service-deficient areas and handling consolidation requests for transmitter licences. In making these determinations, the ACMA must consider specific factors such as the number of services provided and the history of service provision. Broadcasters, on the other hand, must comply with the new provisions related to service-deficient areas and the consolidation of transmitter licences. They must also adhere to any rules or directions issued by the ACMA in relation to these provisions. The Act includes provisions for offences, penalties, and other consequences for breaches. While specific penalties are not detailed in the provided text, the Act references legislative instruments that may include rules or directions with potential enforcement mechanisms. Furthermore, the Act notes that sections 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 do not apply to directions given under certain subsections, indicating that these directions may have significant enforcement implications. The Act also mandates compliance with any directions given by the Minister to the ACMA, underscoring the importance of adhering to these directives to avoid potential penalties or enforcement actions.

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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.