Overview

The Broadcasting Services Act 1992 was enacted to regulate the broadcasting services industry in Australia, providing a framework for the licensing and management of radio and television services. The Act was introduced to address the need for a comprehensive regulatory structure to manage the growing broadcasting sector, ensuring that services were provided in a manner that was efficient, fair, and in the public interest. The Parliament of Australia enacted this legislation to provide a cohesive legislative framework for the broadcasting services industry. The policy objective of the Act is to promote the provision of broadcasting services that are of high quality, diverse in content, and accessible to all Australians, while also ensuring that the broadcasting sector operates in a manner that is economically efficient and in the public interest.

Scope and Application

The legislative instrument F2005B00734 pertains to the variation of the radio licence area plan for Atherton, Queensland. This variation is enacted under the Broadcasting Services Act 1992 by the Australian Broadcasting Authority, impacting the technical specifications of a commercial radio broadcasting service identified by the service licence number SL1150016. This Act applies specifically to commercial and community radio services within the Atherton area of Queensland, establishing the technical parameters for radio transmission within this region. The variation affects the technical specifications of the transmitter with the specification number TS10007503, altering the original technical specifications to those outlined in Schedule One and Attachment 1.4.1. The geographic scope of this legislation is confined to the Atherton area, ensuring that the broadcasting services comply with the updated technical parameters to maintain effective radio communication within the designated area. The Broadcasting Services Act 1992, from which this variation derives its authority, provides the overarching framework governing broadcasting services in Australia, encompassing both technical and operational aspects.

Key Provisions

The main operative sections of this legislative instrument (F2005B00734) concern the variation of the licence area plan (LAP) for radio broadcasting services in the Atherton area of Queensland. Under subsection 26(2) of the Broadcasting Services Act 1992, the Australian Broadcasting Authority (ABA) has the authority to vary the LAP. This particular variation modifies the technical specifications of the commercial broadcasting service designated by the service licence number SL1150016. The document specifies the updated technical details of the transmitter, including its location, frequency, and power output. The variation effectively replaces the existing technical specifications in Schedule One and Attachment 1.4 with new ones detailed in Schedule One and Attachment 1.4.1. The Act imposes certain obligations on the entities governed by it. For the commercial broadcasting service in question, the ABA must ensure that the updated technical specifications in the revised LAP are adhered to. This includes ensuring the transmitter operates within the specified parameters, such as frequency, power output, and antenna height, to maintain service quality and compliance with broadcasting standards. Broadcasters must also ensure that their equipment and operations comply with the new technical specifications to avoid any disruptions in service delivery. Failure to comply with the revised technical specifications or any other provisions of the LAP could result in legal consequences. Under the Broadcasting Services Act 1992, non-compliance may be considered an offence. The ABA has the authority to take enforcement actions against broadcasters who do not adhere to the updated technical specifications. Potential consequences include fines or other penalties as prescribed by the Act. While the specific penalties are not detailed in this instrument, they can typically include substantial monetary fines for non-compliance with broadcasting regulations.