Determination under section 34 of the Broadcasting Services Act 1992 - 1 September 2014 to 30 June 2015

Overview

The Broadcasting Services Act 1992 was enacted to establish a regulatory framework for the operation of broadcasting services in Australia, aiming to ensure that such services are provided in a manner that is consistent with the public interest. This Act was introduced to address the need for a comprehensive regulatory system governing the use of radiofrequency spectrum, which is essential for the efficient and effective operation of broadcasting services. The Act provides the legislative basis for the regulation of broadcasting services, including the allocation of radiofrequency spectrum, and it was enacted by the Parliament of Australia. The policy objective of the Act is to facilitate the provision of broadcasting services while ensuring that the use of radiofrequency spectrum is managed in a way that promotes competition and innovation in the broadcasting industry, and that serves the public interest. This legislation was further refined by the Australian Communications and Media Authority, which issued a determination to extend the period of availability of certain radiofrequency spectrum, specifically for scientific purposes in Canberra and Darwin, from 1 September 2014 to 30 June 2015. This determination was made under section 34 of the Broadcasting Services Act 1992 and was executed by the Authority's members, Chris Chapman and Richard Bean, on 28 August 2014. The extension aims to ensure that the radiofrequency spectrum remains available for scientific purposes, thereby supporting ongoing research and development activities in these regions.

Scope and Application

The Broadcasting Services Act 1992 governs the allocation and use of radiofrequency spectrum in Australia, and the Act applies to entities engaged in broadcasting activities, including radio and television stations. This particular determination extends the availability of specific radiofrequency spectrums allocated for scientific purposes in Canberra and Darwin from 1 September 2014 to 30 June 2015. This extension is made under the authority of section 34 of the Act and is executed by the Australian Communications and Media Authority. The determination pertains to frequencies ranging from 210.88 MHz to 212.416 MHz, designated for scientific use, and affects the entities operating within these designated geographic locations. The application of this Act is nationwide, but the specific determinations outlined in this Gazette relate only to the Canberra and Darwin areas. The Act does not specify any exclusions or exemptions in this context, and the extension is made through a formal determination by the regulatory authority.

Key Provisions

The key operative sections of this determination are sections 34(1)(g) of the Broadcasting Services Act 1992 and subsection 33(3) of the Acts Interpretation Act 1901. These provisions allow the Australian Communications and Media Authority (ACMA) to vary determinations related to the availability of radiofrequency spectrum. Specifically, this determination extends the period of availability of certain spectrum from 1 September 2014 to 30 June 2015 for the designated purposes of scientific use in Canberra and Darwin. The Determination Identification Number, date made, determination name, frequency/channel, and designated purpose are all clearly outlined in the document. This determination imposes specific obligations on the entities or parties that hold the licenses for the radiofrequency spectrum in question. The primary obligation is to adhere to the new period of availability for the spectrum as specified by the ACMA. The determination requires that the spectrum be used solely for the designated scientific purposes in Canberra and Darwin during the extended period. Any change in the use or location of the spectrum would require further approval from the ACMA. Failure to comply with the provisions of this determination could result in civil or criminal consequences. While the specific penalties are not detailed in this document, under the Broadcasting Services Act 1992, breaches of the Act can lead to fines and other enforcement actions. The exact penalties depend on the nature and severity of the breach, as outlined in other sections of the Act. It is important for the parties involved to ensure strict adherence to the terms of this determination to avoid any potential legal repercussions.