Licence Area Plan - Emerald (Radio) - Variation - April 2003

Overview

The Australian Broadcasting Authority enacted the Variation to the Licence Area Plan – Emerald – April 2003, a legislative instrument to adjust the radio service licence area plan for the Emerald area of Queensland. This variation was introduced to address the need for updating and refining the broadcast service areas to better align with the Australian Bureau of Statistics' census data from 5 August 2001. The policy objective is to ensure that the broadcasting services remain relevant and efficiently serve the communities they are intended for. The variation specifies a new licence area description for the community radio broadcasting service designated by the service licence number SL1150805, detailing the updated areas based on the census collection districts. This change was determined by the Australian Broadcasting Authority on 10 April 2003, ensuring the broadcasting services are accurately tailored to the demographic and geographic needs of the region.

Scope and Application

This variation to the Licence Area Plan (LAP) for radio services in the Emerald area of Queensland, as determined by the Australian Broadcasting Authority (ABA) on April 10, 2003, pertains specifically to the community radio broadcasting service identified by the service licence number SL1150805. The variation affects the licence area description for this particular service, as outlined in Attachment 4.1.1 of the legislative instrument. The variation is geographically confined to the Emerald area in Queensland and involves modifications to the specific areas covered by the licence, as defined by the Australian Bureau of Statistics' Collection Districts (CDs) from the 2001 Census. The geographic scope of this variation is limited to this particular licence area and does not extend to other regions or services unless otherwise specified in subordinate instruments. This legislative instrument does not explicitly state any exclusions, exemptions, or thresholds beyond the scope of the licence area variation itself. Any broader application or implications would typically be addressed through subsequent legislative or administrative actions.

Key Provisions

The Australian Broadcasting Authority (ABA) has made a variation to the licence area plan for radio services in the Emerald area of Queensland, which was originally determined on 19 September 2002. This variation was executed on 10 April 2003 under subsection 26(2) of the Act. The specific change involves the licence area for the community radio broadcasting service designated by the service licence number SL1150805. The detailed description of the new licence area is provided in Attachment 4.1.1. The obligations under this variation require the licensee to operate within the newly defined licence area, as delineated by the Australian Bureau of Statistics at the Census of 5 August 2001. The specific areas included in the licence area are listed in Attachment 4.1.1, which includes various Collection Districts (CDs) in Queensland. These CDs are defined by the Australian Bureau of Statistics and serve as the geographic boundaries for the licence area. The licensee must ensure that all broadcasting activities comply with the new licence area description and adhere to the terms and conditions stipulated in the original licence agreement. Failure to comply with the new licence area plan may lead to potential consequences. Although specific offences and penalties are not detailed in the legislative instrument, breaches of the licence terms can typically result in enforcement actions by the ABA. This may include formal warnings, fines, suspension, or even revocation of the broadcasting licence. The severity of the penalty often depends on the nature and extent of the breach, as well as any previous history of non-compliance by the licensee.