Licence Area Plan - Charters Towers Radio - Variation No. 1 of 2008

Administered by Department of Communications and the Arts

Legislation au F2008L04436 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Section 26 – Legislative Instruments Act 2003

Variation to Licence Area Plan – Charters Towers Radio – No.1 of 2008

© Commonwealth of Australia 2008

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LEGISLATIVE INSTRUMENTS ACT 2003

Section 26 – Explanatory Statement

Variation to Licence Area Plan for Charters Towers Radio – No. 1 of 2008 made under the Broadcasting Services Act 1992

In accordance with the Australian Communications and Media Authority Act 2005, from 1 July 2005 the Australian Communications and Media Authority (ACMA) exercises powers and functions under the Broadcasting Services Act 1992 (BSA) previously exercised by the Australian Broadcasting Authority (ABA).

On 21 November 2008, ACMA varied the Licence Area Plan for Charters Towers (Radio). The variation was made under section 26(2) of the BSA and is referred to in this explanatory paper as “the instrument”.

The licence area plan and variations

ACMA prepares licence area plans (LAPs) under section 26(1) of the BSA. LAPs 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.

ACMA may, by legislative instrument, vary LAPs under section 26(2) of the BSA.

The ABA made the LAP for Charters Towers (Radio) on 30 October 1997. The LAP determines the number and characteristics of the broadcasting services to be available within the Charters Towers RA1 licence area. It is referred to in this explanatory statement as “the LAP”.

Intended impact and effect

The instrument varies the operating conditions of an open narrowcasting radio service in the Charters Towers licence area by changing its technical specifications.

The intended impact and effect of the variation is to facilitate provision of the open narrowcasting radio service to the area of Charters Towers on a different frequency without interference from:

       in the short term, engineering tests which are planned to be conducted on the same frequency in Townsville in order to develop technical specifications for an additional national radio broadcasting service for Townsville; and

       in the medium and long term, an additional national radio broadcasting service expected to be available for Townsville on the same frequency.

The instrument also makes variations of a minor and administrative nature to:

       vary the definition of the Charters Towers RA1 licence area so that it is described in terms used by the ABS in the 2001 Census and is consistent with the most recent determination of populations of licence areas made under section 30 of the BSA;

       amend a minor previous drafting error; and

       delete information, included for reference only, that does not form part of the LAP and which may create confusion.

ACMA intends for these variations to clarify the rights and responsibilities of commercial and community radio broadcasting licensees in the Charters Towers area. ACMA does not intend the variation to alter those rights and obligations.

Regulatory impact statement exemption

ACMA obtained advice from its SES contact officer for the Government’s regulation impact analysis arrangements that the instrument has no or low regulatory impact. For those reasons under the self-assessment regime administered by the Office of Best Practice Regulation, ACMA has determined that there is no need to produce a Business Cost Calculator report or to prepare a Regulation Impact Statement. The exemption identifier is ACMA 068.

Consultation and Submissions

Public consultation

Before making the decision to vary the LAP, ACMA undertook the following consultation:

On 18 August, ACMA published the following papers on its website:

       a draft variation to the Charters Towers radio LAP;

       an explanatory paper about the changes proposed in the draft variation to the LAP, inviting public comment by 19 September 2008; and

       a media release announcing the proposed draft variation to the Charters Towers Radio LAP.

On 18 August 2008, ACMA wrote to the licensees providing radio broadcasting services to the Charters Towers region to advise them of the release of the draft variation to the Charters Towers LAP and to invite their comments.

ACMA also made direct contact with the licensee of the open narrowcasting service that will be affected by the variation in Charters Towers.

ACMA received six submissions on the draft variation to the Charters Towers Radio licence area plan and accompanying explanatory paper.

One of the submissions, received from the licensee of the open narrowcasting service in Charters Towers discussed above, stated that changing its frequency to the frequency identified in the draft variation would be costly and take a considerable period of time. Subsequent to this consultation ACMA identified a more suitable frequency in consultation with the licensee who has advised it does not oppose the making of the instrument. The instrument provides for the open narrowcasting service to be transmitted on the newly identified frequency.

Description of the provisions of the instrument

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

Clause (1)(b) of the instrument varies the text of the Determination at Clause (2) in the LAP to omit the word “section” and substitute the word subsection”. This is to amend a previous minor drafting error.

Clause (1)(c) of the instrument varies the text of the Determination in the licence area plan to insert a new clause (3) that ensures that references to schedules and attachments include schedules and attachments that have been amended from time to time by ACMA.

Clauses (2) of the instrument deletes all text appearing immediately under the heading “Schedules” in the licence area plan (including the heading itself).  The information, included for reference only, does not form part of the licence area plan and may be confusing.

Clause (3) of the instrument varies Schedule One of the licence area plan by omitting the previous Schedule One and inserting a new Schedule One. The schedule sets out details of the national, commercial, community and open narrowcasting radio broadcasting services that are to be available on particular frequencies in the Charters Towers RA1 licence area. In particular, the new schedule inserted by clause 3:

       sets out the frequency to be used for transmission of each particular services, including a different frequency for one of the open narrowcasting service as referred to above;

       provides the transmitter specification numbers for the transmitters to be used by the services, including a different transmitter specification number for one of the open narrowcasting service as referred to above; and

       specifies the attachments which contain the technical specification for each of those transmitters.

Clause (4)(a) of the instrument varies Attachment 1.1 by omitting Attachment 1.1 of the LAP and inserting a new Attachment 1.1. The new Attachment 1.1 describes the Charters Towers RA1 licence area in terms defined by the ABS at the Census of 5 August 2001. The variation does not substantially alter the boundaries of the existing licence area.

Clause (4)(b) of the instrument varies Attachment 1.8 by omitting Attachment 1.8 of the LAP and inserting a new Attachment 1.8. The new Attachment 1.8 contains the technical specifications for the transmitter for the open narrowcasting radio broadcasting service to serve the general licence area of Charters Towers.

 

 

Overview

The Legislative Instruments Act 2003 governs the creation and amendment of legislative instruments in Australia, providing a framework for the effective regulation and administration of laws. The Broadcasting Services Act 1992, under which the Australian Communications and Media Authority (ACMA) operates, mandates the creation of Licence Area Plans (LAPs) to regulate the number and technical specifications of broadcasting services available in specific areas. The problem or gap addressed by these legislative instruments is the need for a structured approach to managing and regulating broadcasting services to ensure efficient use of broadcasting bands and to accommodate new services without interference. Enacted by the Australian Parliament, these acts empower ACMA to make legislative instruments to manage broadcasting services. The policy objective is to maintain and improve the availability and quality of broadcasting services while accommodating technological advancements and new service requirements. ACMA, established under the Australian Communications and Media Authority Act 2005, is responsible for ensuring that broadcasting services comply with legislative requirements and serve the public interest effectively.

Scope and Application

The Variation to Licence Area Plan for Charters Towers Radio – No. 1 of 2008, made under the Broadcasting Services Act 1992, applies to entities involved in radio broadcasting services within the Charters Towers RA1 licence area. This includes commercial and community radio broadcasters, as well as the licensee of the open narrowcasting radio service operating in the area. The variation was implemented by the Australian Communications and Media Authority (ACMA), which assumed the powers and functions of the Australian Broadcasting Authority (ABA) under the Australian Communications and Media Authority Act 2005. The instrument primarily affects the technical specifications and operating conditions of the open narrowcasting radio service in Charters Towers to avoid interference from planned engineering tests in Townsville and an expected additional national radio broadcasting service. The changes also include minor and administrative adjustments, such as updating the definition of the Charters Towers RA1 licence area to reflect the 2001 Census and correcting a minor drafting error. This instrument does not alter the rights and obligations of the licensees but aims to clarify them. The geographic scope of this variation is confined to the Charters Towers RA1 licence area, which is part of the broader broadcasting services framework regulated by ACMA across Australia. The variation does not extend beyond the specified technical and operational adjustments within the Charters Towers area. The instrument exempts itself from the requirement of producing a Business Cost Calculator report or a Regulation Impact Statement due to its minimal regulatory impact, as determined under the self-assessment regime administered by the Office of Best Practice Regulation. Public consultation was conducted before the decision to vary the Licence Area Plan, inviting submissions from stakeholders, including radio broadcasters in the Charters Towers region and the specific licensee of the open narrowcasting service. The variations made by this instrument are limited to those specified and do not introduce new regulatory requirements or exemptions beyond the stated changes.

Key Provisions

The main provisions of the instrument involve variations to the Licence Area Plan (LAP) for Charters Towers radio services, as per section 26(2) of the Broadcasting Services Act 1992 (BSA). The instrument modifies the operating conditions of an open narrowcasting radio service by changing its technical specifications to avoid interference from engineering tests in Townsville and future national radio broadcasting services (Clause 3). Additionally, it updates the definition of the Charters Towers RA1 licence area to align with the most recent Australian Bureau of Statistics (ABS) census data, corrects a minor drafting error, and removes non-essential reference information (Clauses 1(c) and 2). The instrument also includes specific changes to Schedule One and Attachments 1.1 and 1.8 of the LAP, detailing the frequencies, transmitter specifications, and technical specifications for the affected services (Clauses 3 and 4). Under the Act, the Australian Communications and Media Authority (ACMA) has specific obligations to ensure that the variations do not adversely affect the rights and responsibilities of the licensees in the Charters Towers area. ACMA must prepare and maintain LAPs that determine the broadcasting services available in specified areas, including technical specifications. It must also consult with affected licensees and the public before making any variations. The variations made under this instrument are intended to clarify, rather than alter, the rights and obligations of the licensees, ensuring that they remain consistent with the BSA. The Act does not explicitly outline specific offences, penalties, or civil and criminal consequences for breaches of the variations in the Licence Area Plan. However, non-compliance with the BSA or its regulations could lead to enforcement actions by ACMA, which may include fines, public notices, or orders to cease non-compliant activities. The maximum penalties for breaches of the BSA can vary depending on the nature and severity of the breach, but they can include significant fines for individuals and corporations, as stipulated in the Act. It is crucial for licensees and other affected parties to adhere to the provisions of the LAP and any subsequent 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.