Licence Area Plan - Gold Coast Radio - Variation No. 1 of 2005

Administered by Department of Communications and the Arts

Legislation au F2005L00885 Not in force Legislative Instrument

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LEGISLATIVE INSTRUMENTS ACT 2003

Section 26 - Explanatory Statement

Variation to the licence area plan for Gold Coast Radio – No 1 of 2005 made under the Broadcasting Services Act 1992

On 14 April 2005, the Australian Broadcasting Authority (the ABA) made a variation to the licence area plan for Gold Coast 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 Gold Coast Radio on 21 December 2000. It is referred to in this explanatory statement as “the licence area plan. 

Intended impact and effect

The instrument varies the technical specifications with which radio services in the Gold Coast licence area must comply by:

  • correcting a minor radiation pattern discrepancy of commercial radio service 4HTB and community radio service 4RHI to correct a typographical error in order to reflect the actual operating conditions of the radio services and the technical specifications.;
  • changing the transmitter site, reducing the effective radiated power (ERP), increasing the antenna height and revising the radiation pattern of the community radio service 4MET to allow 4MET to operate at full technical specification at the new transmitter site, which was unable to be accommodated at the old transmitter site; and
  • reducing the ERP, increasing the antenna height and revising the radiation pattern of the community radio service 4CAB to avoid potential interference to a Darling Downs national radio service

Consultation

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

  • On 11 November 2004, the ABA published the following papers on its website:
  • a draft variation to the licence area plan; and
  • an explanatory paper about the changes proposed in the draft variation, inviting public comment by 3 December 2004.
  • On 16 November 2004, the ABA placed an advertisement in the Gold Coast Bulletin newspaper outlining the effect of the draft variation to the licence area plan, providing details of how to obtain copies of the draft variation, and inviting public comment.
  • The ABA wrote to licensees of commercial, community and national broadcasting services within the Gold Coast licence area and in neighbouring licence areas and to interested organisations, agencies and industry bodies, including the Community Broadcasting Association of Australia, Commercial Radio Australia, Australian Competition and Consumer Commission, Airservices Australia and the Australian Communications Authority. The ABA advised them of the release of the draft variation and explanatory paper and invited comments.

The ABA received 3 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 licence area plan to number each of the paragraphs in the determination consecutively as clauses.

Clause (1)(b) of the instrument varies the text in paragraph (2) of the determination in the licence area plan to increase the number of national radio broadcasting services to be available from four to five.

Clause (1)(c) of the instrument varies the text of the determination in the licence area plan to insert a new clause (3).  Clause (3) will ensure that references in the determination to schedules and attachments are references to schedules and attachments that have been amended from time to time by the ABA.

Clause (2) of the instrument deletes page 2 of the licence area plan.  The page contained information included for reference that does not form part of the licence area plan and which may be confusing.

Clause (3) of the instrument varies the schedule to the licence area plan. The schedule sets out details of the national, commercial and community radio broadcasting services that are to be available on particular frequencies in the Gold Coast RA1 licence area. In particular, the schedules provide the technical specification numbers for the transmitters to be used by the services and specify the attachment which contains the technical specification for each of those radio broadcasting services.

The schedule in the licence area plan has a status column that contains information, included for reference, that does not form part of the licence area plan and which may be confusing. Clause (3) of the instrument deletes Schedule One of the licence area plan and substitutes an updated schedule. The updated schedule:

  • does not contain a status column; and
  • provides for a different transmitter specification number for the existing commercial and community radio broadcasting services, referred to above.

Clauses (4)(a), (b), (c) and (d) of the instrument delete attachments 1.8, 1.10, 1.11 and 1.12 of the principal instrument. The attachments are substituted by attachments 1.8, 1.10, 1.11 and 1.12 of the instrument. Those attachments contain the technical specifications for transmission of the existing commercial and community FM broadcasting services, referred to above.

The technical specifications for those services include the following characteristics:

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

Clause (5) of the instrument provides for the instrument to commence on the date that it is determined by the ABA.

 

Overview

The Legislative Instruments Act 2003 addresses the procedural aspects of the creation and amendment of legislative instruments under Australian law. Enacted by the Australian Parliament, the Act provides a framework for the creation, amendment, and revocation of legislative instruments, which are instruments made under an Act that has effect as or in accordance with the instrument. In this instance, the Act underpins the variation to the licence area plan for Gold Coast Radio, made under the Broadcasting Services Act 1992. This variation was introduced to correct discrepancies and ensure compliance with technical specifications for radio services in the Gold Coast licence area, aiming to maintain the quality and efficiency of broadcasting services. The Australian Broadcasting Authority (ABA), now known as the Australian Communications and Media Authority (ACMA), was tasked with making these variations under section 26(2) of the Broadcasting Services Act 1992, reflecting the policy objective of regulating broadcasting services to ensure they meet specified standards and do not interfere with other services.

Scope and Application

The variation to the licence area plan for Gold Coast Radio, made under section 26(2) of the Broadcasting Services Act 1992, pertains specifically to the Gold Coast licence area in Australia. It is designed to address technical specifications of radio services, particularly correcting discrepancies and adjusting parameters to enhance the operational efficiency and compliance of the radio services within the specified area. This variation applies to broadcasting services in the Gold Coast licence area, including commercial and community radio services. The changes involve correcting typographical errors, modifying transmitter sites, reducing effective radiated power, adjusting antenna heights, and revising radiation patterns to ensure services operate at full technical specifications and to mitigate potential interference with other services. The Act ensures that these modifications are implemented to maintain the integrity and effectiveness of the broadcasting services in the region. The scope of this legislative instrument is geographically limited to the Gold Coast licence area and does not extend to other areas or services outside this specific region.

Key Provisions

The key provisions of the legislative instrument, as explained in the document, pertain to the variation of the licence area plan for Gold Coast Radio, which was made under section 26(2) of the Broadcasting Services Act 1992 (BSA). This variation was made to correct a typographical error in the radiation pattern of two radio services, 4HTB and 4RHI, and to adjust the technical specifications of two other community radio services, 4MET and 4CAB, to allow for their optimal operation and to avoid potential interference with other services. These changes are detailed in Clauses (1) and (3) of the instrument and involve updating the text of the determination in the licence area plan, the schedule to the licence area plan, and attachments containing technical specifications for the radio services. The obligations imposed on the parties governed by this Act include adherence to the updated technical specifications for the radio services outlined in the instrument. Radio service operators within the Gold Coast licence area must ensure that their operations comply with the new parameters for transmitter sites, effective radiated power, antenna height, and radiation patterns, as specified in the amended schedule and attachments. Additionally, Clause (1)(c) of the instrument mandates that references to schedules and attachments in the determination now refer to those that have been amended from time to time by the ABA, ensuring that the most current information is used. In terms of potential consequences for non-compliance, the explanatory statement does not explicitly detail specific offences, penalties, or civil or criminal consequences for breaching the provisions of the instrument. However, it is implied that failure to comply with the updated technical specifications could lead to regulatory action under the BSA, as the instrument is made under the authority of this Act. The BSA itself provides for various enforcement mechanisms, including fines and other penalties for breaches of broadcasting licence conditions. While the exact penalties are not specified in the instrument, they would typically be determined in accordance with the BSA's provisions and any applicable regulations.

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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.