Digital Television Commencement Date (South West and Great Southern TV1 Licence Area) Determination 2009

Administered by Department of Communications and the Arts

Legislation au F2009L02369 Not in force Legislative Instrument

Legislation content

Explanatory Statement

 

Issued by the authority of the Australian Communications and Media Authority

 

DIGITAL TELEVISION COMMENCEMENT DATE (SOUTH WEST AND GREAT SOUTHERN TV1 LICENCE AREA) DETERMINATION 2009

 

Commercial Television Conversion Scheme 1999

Background, purpose and legislative basis

 

This document provides an explanation of the Digital Television Commencement Date (South West and Great Southern TV1 Licence Area) Determination 2009 (the Determination), which has been made under subsection 138(1) of the Commercial Television Conversion Scheme 1999 (the Scheme).

The Scheme is made under subclause 6(1) of Schedule 4 to the Act which requires the Australian Communications and Media Authority (ACMA) to formulate a scheme for the gradual conversion of the transmission of commercial television broadcasting services from analog mode to digital mode.

The Scheme is divided into two Parts (Part A and Part B).  Part A applies to commercial television broadcasting services in non-remote (i.e. regional and metropolitan) licence areas, and Part B applies to remote licence areas.  Each Part contains rules for:

  • the creation of digital channel plans by ACMA, which allot digital channels to holders of existing commercial television broadcasting licences for the transmission of their services in digital mode;
  • the preparation  of implementation plans by holders of a commercial television broadcasting licence which outlines the introduction of commercial television broadcasting services in digital mode;
  • test transmissions of digital services; and
  • other matters necessary for the conversion of the transmission of commercial television broadcasting services from analog to digital mode.

Subsection 138(1) of the Scheme requires ACMA to determine a date for each remote licence area by which each holder of a commercial television broadcasting licence for that area is required to commence transmitting the relevant commercial television broadcasting service in SDTV digital mode. Under subsection 138(2), ACMA must consult with all holders of a commercial television broadcasting licence in the relevant remote licence area before determining a date for the area, and must have regard to any comments it receives during the consultation.

Subsection 138(3) of the Scheme specifies that the date determined by ACMA under subsection 138(1) must be later than the day when ACMA makes the determination, and subsection 138(4) specifies that ACMA must publish the determination as soon as practicable after making it.

There are five remote commercial television licence areas in Western Australia:

●       Remote and Regional Western Australia TV1;

●       Geraldton TV1;

●       Kalgoorlie TV1;

●       South West and Great Southern TV1 (SWGS); and

●       Western Zone TV1.

Each is a remote licence area in accordance with the Determination of Remote Licence areas made under subclause 5(1) of Schedule 4 to the Act by the Australian Broadcasting Authority on 14 December 2000.

The Determination under subsection 138(1) of the Scheme sets 30 June 2009 as the date by which the holder of the incumbent commercial television broadcasting licence for the SWGS licence area is required to commence transmitting the commercial television broadcasting service concerned in SDTV digital mode in that area.

Note that on 11 June 2009 ACMA allocated an additional commercial television broadcasting licence for the SWGS licence area, under subsection 38B(5) of the Act. However, the holder of this licence has special rules about the commencement of transmission of a service in digital mode under the licence.

Consultation

ACMA consulted with representatives from the holder of the commercial television broadcasting service licence for the relevant licence area, Golden West Network Pty Ltd (GWN).

Comments made during this consultation process have been considered prior to the Determination being made. GWN indicated during the consultation process that the date determined was appropriate.

Regulatory Impact

ACMA has undertaken a regulatory impact analysis process and considers that the Determination is likely to have no or low impact on business or the economy and is not anti-competitive. Consequently, neither a Regulation Impact Statement, nor a Business Cost Calculator Report, is considered necessary in relation to the regulatory proposal.  The reference number for the regulatory impact analysis process is ACMA 097.

Commencement

In accordance with section 2, the Determination will commence the day after it is registered on the Federal Register of Legislative Instruments.


Notes on the Determination

 

Section 1 – Name of Determination

This section sets out the title of the Determination.

 

Section 2 – Commencement

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

 

Section 3 – Definitions

This section sets out definitions of terms used in the Determination.

 

Section 4 – Determination – subsection 138 (1) of the Scheme

This section determines that, under subsection 138(1) of the Scheme, the date by which each commercial television broadcasting licence holder for the SWGS licence area is required to commence transmitting the commercial television broadcasting service concerned in SDTV digital mode is 30 June 2009. This is also the start of the simulcast period for the SWGS licence area (see section 139 of the Scheme).

Overview

The Digital Television Commencement Date (South West and Great Southern TV1 Licence Area) Determination 2009 was enacted to address the need for a specified commencement date for the conversion of analog to digital television broadcasting services in the South West and Great Southern TV1 Licence Area in Western Australia. This Determination was made under subsection 138(1) of the Commercial Television Conversion Scheme 1999, which mandates the Australian Communications and Media Authority (ACMA) to formulate a scheme for the gradual conversion of commercial television broadcasting services from analog to digital mode. The primary objective of this Determination is to ensure that the transition to digital broadcasting in the specified licence area is executed in an orderly manner by setting a clear commencement date, in this case, 30 June 2009. ACMA consulted with the relevant licence holder, Golden West Network Pty Ltd (GWN), and considered their feedback before finalizing the Determination. The Determination is intended to have minimal impact on business or the economy and is not considered anti-competitive.

Scope and Application

The Digital Television Commencement Date (South West and Great Southern TV1 Licence Area) Determination 2009 applies to the holder of the incumbent commercial television broadcasting licence for the South West and Great Southern TV1 licence area (SWGS), specifically Golden West Network Pty Ltd (GWN). This legislation mandates that GWN must commence transmitting the relevant commercial television broadcasting service in SDTV digital mode by 30 June 2009. The Determination is made under subsection 138(1) of the Commercial Television Conversion Scheme 1999 (the Scheme), which requires the Australian Communications and Media Authority (ACMA) to set a date for the commencement of digital transmissions in each remote licence area. The Scheme itself is designed to facilitate the gradual conversion of commercial television broadcasting services from analog to digital mode. The Determination extends its reach to the geographic area of the South West and Great Southern TV1 licence area in Western Australia and does not include other remote licence areas in the state. ACMA consulted with GWN before making the Determination, and the date set was considered appropriate by GWN. The Determination will commence the day after it is registered on the Federal Register of Legislative Instruments.

Key Provisions

The Digital Television Commencement Date (South West and Great Southern TV1 Licence Area) Determination 2009 (the Determination) sets forth the key provisions under subsection 138(1) of the Commercial Television Conversion Scheme 1999 (the Scheme). Specifically, section 4 of the Determination mandates that the holder of the incumbent commercial television broadcasting licence for the South West and Great Southern TV1 (SWGS) licence area must commence transmitting the relevant commercial television broadcasting service in SDTV digital mode by 30 June 2009. This date marks the beginning of the simulcast period, during which both analog and digital transmissions will occur, as per section 139 of the Scheme. The Determination imposes obligations on the parties involved, primarily focusing on the licence holder, Golden West Network Pty Ltd (GWN). According to the Scheme, GWN must prepare and implement an implementation plan outlining the transition to digital mode. This includes the scheduling of test transmissions and ensuring that all necessary preparations are made to comply with the digital commencement date. ACMA is required to consult with GWN before making the Determination and must consider any comments received during this consultation period. The determination of the digital commencement date must be published as soon as practicable, in line with subsection 138(4) of the Scheme. Failure to comply with the Determination could lead to significant consequences. Under the Scheme, non-compliance with the specified digital commencement date could result in regulatory action. The exact nature of these actions is not detailed in the Determination but may include fines, penalties, or other enforcement measures. The maximum penalties for breaches of the Scheme are not specified in the Determination but would be determined in accordance with the broader legislative framework governing commercial television broadcasting in Australia. It is essential for licence holders to adhere to the stipulated date to avoid potential legal and financial repercussions.

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Media & Entertainment Law
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Statutory Instrument
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Definitions & Interpretation
Commencement Provisions
Consultation Requirements

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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.