Licence Area Plan - Brisbane Analog Television - Variation No. 1 of 2005

Administered by Department of Communications and the Arts

Legislation au F2005L01184 Not in force Legislative Instrument

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LEGISLATIVE INSTRUMENTS ACT 2003

Section 26 - Explanatory Statement

Variation to the licence area plan for Brisbane analog television made under the Broadcasting Services Act 1992

On 12 May 2005, the Australian Broadcasting Authority (the ABA) made a variation to the Licence Area Plan for Brisbane Analog Television. The variation was made under section 26(2) of the Broadcasting Services Act 1992 (the BSA) and is referred to in this explanatory statement 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 Brisbane Analog television on 21 November 2002. It is referred to in this explanatory paper as “the licence area plan”. 

Intended impact and effect

The instrument varies the technical specifications with which television broadcasting services in the Brisbane Licence Area must comply by:

  • changing the frequency on which commercial television broadcasting service SL111 operating as TVQ (the commercial television service) may be transmitted to the general area of the Sunshine Coast.
  • increasing the maximum power of the transmission of the community television broadcasting service SL1150810 operating as Briz31 (the community television service) serving the general area of Brisbane.

In relation to the commercial television service, the ABA intends the effect of the variation to be to provide a service that is better able to be received in the Sunshine Coast area than it otherwise would have been.

In relation to the community television service, the ABA intends the effect of the variation to be to provide a service with a stronger signal, to remedy deficiencies in the reception of that service in some parts of the Brisbane licence area.

Consultation

On 11 October 2004, the ABA received an unsolicited request from the licensee of the community television service to vary the licence area plan to increase the power with which the service may operate.  On 10 February 2005, the ABA received an unsolicited request from the licensee of the commercial television service operating as TVQ at the Sunshine Coast to vary the licence area plan to change the frequency on which the service may operate.

Before making its decision to vary the licence area plan, the ABA undertook the following steps by way of consultation:

  • On 11 March 2005, the ABA published the following papers on its website:
  • a draft variation to the licence area plan, proposing to increase the maximum effective radiated power of the community television service and change the frequency for transmission of the commercial television service; and
  • an explanatory paper about the changes proposed in the draft variation, inviting public comment by 31 March 2005.
  • On 18 March 2005, the ABA placed an advertisement in the Brisbane Courier Mail newspaper and on the 21 March 2005 in the Sunshine Coast Daily newspaper outlining the effect of the draft variation on the licence area plan, providing details of how to obtain copies of the draft variation and how to access it on the ABA’s website, and inviting public comment.
  • The ABA wrote to licensees of television and radio broadcasting services serving the Brisbane licence area (including the Sunshine Coast area) to advise them of the release of the draft variation and explanatory paper and to invite their comments.
  • The ABA wrote to industry bodies and other interested agencies or organisations, including the Community Broadcasting Association of Australia, Free TV Australia, the Australian Subscription Television and Radio Association and Commercial Radio Australia, Broadcast Australia, Digital Broadcasting Australia, AirServices Australia and the Australian Communications Authority, to advise them of the release of the draft variation and explanatory paper and to invite their comments.

The ABA received no comment on the draft variation and explanatory paper.

Description of the provisions of the instrument

Clause (1)(a) of the instrument varies the text of the determination in the licence area plan 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 licence area plan 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 deletes page 4 of the licence area plan.  The page contains information, included for reference only, that does not form part of the licence area plan and which may be confusing.

Clause (3) of the instrument updates Schedule One to the licence area plan.  Schedule One sets out some details of the television broadcasting services made available in the licence area plan, including its channel, its service licence number and the transmitter specification number for the service’s transmitter.  It also specifies the attachment which contains the technical specification for the transmitter for each service.

The variation updates Schedule One of the principal:

  • to show that the community service has been allocated a call sign;
  • to provide new transmitter specification numbers for the commercial and community services;
  • to indicate that the commercial service may be transmitted on a different frequency (that is, channel 57) to the Sunshine Coast area; and
  • to delete column three which contained information, included for reference only, that did not form part of the licence area plan and which may be confusing.

 

The schedule is not changed in any other material way.

Clauses 4(a) and (b) of the instrument delete attachments 5.6 and 6.1 of the licence area plan and substitute attachments 5.6 and 6.1 of the instrument.  Attachments 5.6 and 6.1 to the licence area plan contains the technical specification for the transmitters for the commercial and community services respectively.  The technical specifications include:

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

Attachment 5.6 of this instrument specifies that the community service will transmit on frequency 730.224 MHz (Channel 57).  Prior to the variation having effect, the licence area plan specified that it will be transmitted on frequency 804.224 MHz (Channel 69).

Attachment 6.1 of this instrument provides for the maximum power of the transmission of the community service to be the service to be 710kW.  Prior to the variation, the maximum power specified in the licence area plan was 100 kW.

Overview

The Legislative Instruments Act 2003 was enacted to streamline and enhance the regulation of legislative instruments by establishing a framework for their preparation, approval, and publication. This Act aims to ensure that legislative instruments are made and amended in a manner that is consistent with the law and that their content is accessible to the public. The Australian Broadcasting Authority (ABA), now known as the Australian Communications and Media Authority (ACMA), is the enacting body responsible for the creation of these instruments under the authority granted by various Acts, including the Broadcasting Services Act 1992. The policy objective behind this legislative instrument is to facilitate the effective management and regulation of broadcasting services by allowing the ABA to make necessary adjustments to licence area plans to improve service quality and coverage, as demonstrated in the variation to the Licence Area Plan for Brisbane Analog Television in 2005. This particular instrument was introduced to address technical deficiencies in the Brisbane television broadcasting services by enhancing signal strength and reception quality for both commercial and community television services.

Scope and Application

The Legislative Instruments Act 2003 Section 26 variation to the licence area plan for Brisbane analog television pertains to broadcasting services within Australia. It applies to the entities involved in broadcasting services, specifically commercial and community television services, within the Brisbane Licence Area, including the Sunshine Coast. The variation made by the Australian Broadcasting Authority (ABA) under the Broadcasting Services Act 1992 concerns the technical specifications and operational parameters of these services. The variation was enacted to improve reception quality and service availability for both the commercial television service SL111, operating as TVQ, and the community television service SL1150810, operating as Briz31. The geographic reach of this legislation is confined to the Brisbane Licence Area and the Sunshine Coast. The variation does not extend beyond the specified technical adjustments and does not introduce new regulatory requirements beyond the scope of the Broadcasting Services Act 1992. Any further application or restrictions are to be found within the subordinate instruments and related broadcasting regulations.

Key Provisions

The main operative sections of the instrument include the variation of the text in the licence area plan to ensure it refers to amended schedules and attachments (Clause 1), the deletion of page 4 of the licence area plan (Clause 2), the update of Schedule One to include new transmitter specification numbers and the allocation of a call sign to the community service (Clause 3), and the substitution of technical specifications for the transmitters in attachments 5.6 and 6.1 (Clauses 4(a) and (b)). These variations are made to better align the licence area plan with current technical requirements and to clarify references to schedules and attachments. The obligations imposed by the Act on the parties governed by it include ensuring that broadcasting services comply with the technical specifications outlined in the licence area plan. The Australian Broadcasting Authority (ABA), now known as the Australian Communications and Media Authority (ACMA), must prepare licence area plans and can vary these plans as necessary to ensure compliance with broadcasting standards and to address any issues related to service quality or technical specifications. Broadcasters must adhere to the specifications provided in the licence area plans and any subsequent variations. Any breach of the provisions of the Broadcasting Services Act 1992 or the licence area plan itself could result in various consequences. While the explanatory statement does not explicitly detail penalties, breaches of broadcasting regulations generally can lead to administrative actions, fines, or other sanctions imposed by the relevant authority. For example, failure to comply with technical specifications could result in service interruptions or the imposition of fines. The maximum penalties for breaches of broadcasting regulations can vary widely depending on the nature and severity of the breach, but they can include significant financial penalties. It is important for broadcasters to ensure strict adherence to the licence area plans and any variations to avoid potential 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.