Licence Area Plan - Bega (Radio) - Variation No. 1 of 2005

Administered by Department of Communications and the Arts

Legislation au F2005L00165 Not in force Legislative Instrument

Legislation content

LEGISLATIVE INSTRUMENTS ACT 2003

Section 26 - Explanatory Statement

Variation to the licence area plan for Bega Radio made under the Broadcasting Services Act 1992

On 27 January 2005, the Australian Broadcasting Authority (the ABA) made a variation to the licence area plan for Bega Radio. The variation was made under section 26(2) of the Broadcasting Services Act 1992 (the BSA) and is referred to in this explanatory paper as “the instrument”.

The licence area plan and variations

The ABA prepares licence area plans under section 26(1) of the BSA. Licence area plans determine the number and characteristics, including technical specifications, of broadcasting services that are to be available in particular areas of Australia with the use of the broadcasting services bands.

The ABA may vary licence area plans under section 26(2) of the BSA.

The ABA made the licence area plan for Bega Radio on 17 June 1999. It is referred to in this explanatory paper as “the principal instrument”. 

Intended impact and effect

The instrument:

  • varies the characteristics of the technical specification with which services in the Bega licence area (the licence area) must comply;
  • extends and redefines the licence area for a community radio service in Bega.

In relation to community radio services, the ABA intends the effect of the variation to:

  • improve coverage of the Bega community radio service SL1150188 operating as 2BAR (the service) within the Bega community licence area and permit coverage to the towns of Candelo, Bermagui and Tura Beach.

In relation to licence areas for community services, the ABA intends the effect of the variation to extend the licence area to include the towns of Candelo, Bermagui and Tura Beach and redefine the relevant licence area in the terms used by the Australian Bureau of Statistics in the most recent Census.

Consultation

On 31 August 2004, the ABA received a submission from the licensee of the community radio service 2BAR to support its request for the ABA to vary the principal instrument in the manner set out in the instrument (apart from those provisions referring to the description of the relevant licence areas).

Before making a decision to vary the principal instrument, the ABA undertook the following steps by way of consultation:

  • On 22 November 2004 the ABA published the following papers on its website:
  • a draft variation to the principal instrument in accordance with the licensee’s submission; and
  • an explanatory paper about the changes proposed in the draft variation, inviting public comment by 17 December 2004.
  • On 30 November 2004, the ABA placed an advertisement in the Bega District News newspaper outlining the effect of the draft variation to the principal instrument, providing details of how to obtain copies of the draft variation or how to access it on the website and inviting public comment.
  • The ABA wrote to licensees of commercial, community and national broadcasting services within the Bega licence area and in neighbouring licence areas and industry bodies including the Australian Competition and Consumer Commission, AirServices Australia, Community Broadcasting Association of Australia, Commercial Radio Australia and the Australian Communications Authority and the local member of federal parliament to advise them of the release of the draft variation and explanatory paper and to invite their comments.

The ABA did not receive any submissions on the draft proposal and explanatory paper.

Description of the provisions of the instrument

Clause (1)(a) of the instrument varies the text of the determination in the principal instrument to number each of the paragraphs in the determination consecutively as clauses.

Clause (1)(b) of the instrument varies the text of the determination in the principal instrument to insert a new clause that will ensure that it refers to schedules and attachments that have been amended from time to time by the ABA.

Clause (2) of the instrument varies schedule two of the principal instrument which sets out details of the community radio broadcasting service with licence number SL1150188 that is to be available on a particular frequency in the Bega RA2 licence area, provides for a transmitter number for the transmitter to be used by that service and specifies the attachment which contains the technical specification for the transmitter for the community service. The variation updates schedule two of the principal instrument to indicate the service is now licensed and to set out the new technical specification number for that transmitter. The schedule is not changed in any other material way. 

Clauses (3)(a) and (b) of the instrument inserts attachment 2.2 which contains the characteristics of the technical specification for the transmitter for the community radio broadcasting service with service licence number SL1150188, including:

  • the transmitter site;
  • the frequency on which the service may be transmitted;
  • other emission details; and
  • the output radiation pattern (including power limitations). 

Clauses 3(c) and (d) of the instrument replace attachment 2.1 containing the description of the Bega RA2 licence area. The new description extends the licence area to include Candelo, Bermagui and Tura Beach and redefines it in terms used by the Australian Bureau of Statistics at the latest Census of 5 August 2001.

Overview

The Legislative Instruments Act 2003 addresses the need for a streamlined legislative framework to facilitate the creation and management of legislative instruments, which are subordinate legislations made under an Act. Enacted by the Australian Parliament, the Act was introduced to ensure that these instruments are made, amended, and repealed in a manner that is efficient, transparent, and compliant with legislative requirements. The Broadcasting Services Act 1992, administered by the Australian Communications and Media Authority (formerly the Australian Broadcasting Authority), was the relevant Act under which the variation to the licence area plan for Bega Radio was made. The policy objective of this variation was to improve the coverage and technical specifications of the community radio service within the Bega region, particularly extending it to the towns of Candelo, Bermagui, and Tura Beach, thereby enhancing the accessibility and quality of broadcasting services in these areas.

Scope and Application

The Legislative Instruments Act 2003, specifically in relation to section 26, pertains to the Broadcasting Services Act 1992, and the variation to the licence area plan for Bega Radio, serves to modify the broadcasting services available in the Bega area of Australia. This legislation applies to the Australian Broadcasting Authority (ABA), which is responsible for preparing and varying licence area plans under the Broadcasting Services Act 1992. The instrument in question alters the technical specifications of the broadcasting services and redefines the licence area to include additional towns such as Candelo, Bermagui, and Tura Beach. The purpose of this variation is to improve coverage for the community radio service operating as 2BAR within the Bega community, thereby extending the geographical reach of the service. The Act does not specify exclusions or exemptions; however, it is subject to consultation and approval processes as evidenced by the ABA’s engagement with the licensee and other stakeholders before making the variation. The variation itself does not extend beyond the geographic limitations of the Bega licence area, and no additional application or restrictions are applied through subordinate instruments.

Key Provisions

The Legislative Instruments Act 2003 provides the framework under which the Australian Broadcasting Authority (ABA) may vary the licence area plan for Bega Radio, as detailed in the instrument (F2005L00165). The main operative sections of this legislation include sections 26(1) and 26(2) of the Broadcasting Services Act 1992 (BSA), which empower the ABA to prepare and subsequently vary licence area plans (section 26(1)) and (section 26(2)). Specifically, clause (1)(a) and (b) of the instrument revise the principal instrument by numbering the paragraphs consecutively and ensuring references to amended schedules and attachments. Clause (2) modifies Schedule Two to update the technical specification for the community radio service, while clauses (3)(a) to (d) insert new technical specifications and redefine the licence area to include additional towns and update the geographical description in line with the latest census data. The Act imposes several obligations and requirements on the ABA and the licensees. The ABA must prepare licence area plans that determine the broadcasting services available in specific areas of Australia, including technical specifications. The ABA must also ensure that any variations to these plans are made in accordance with the BSA and that adequate consultation is conducted with relevant parties, including the licensees, other broadcasters, and the public. For the licensee, such as the community radio service 2BAR, the obligation is to comply with the updated technical specifications and the redefined licence area, ensuring that their broadcasts meet the new standards and cover the designated areas. The Act also outlines potential consequences for breaches of its provisions. While specific penalties are not detailed in the explanatory statement, under the BSA, breaches of licence conditions can lead to enforcement actions, which may include fines, suspension, or revocation of the broadcasting licence. The maximum penalties can vary, but for serious or repeated breaches, the fines can be substantial. The ABA, as the regulator, has the authority to take enforcement actions against licensees who fail to comply with the licence conditions or the technical specifications outlined in the licence area plan.

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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.