Overview

The Broadcasting Services Act 1992 was enacted to establish a regulatory framework for broadcasting services in Australia, ensuring the efficient and effective use of the radio spectrum while promoting diversity and competition. The Act was introduced to address the need for a coordinated and regulated system to manage the allocation and use of radio frequencies. The Australian Broadcasting Authority (ABA), now known as the Australian Communications and Media Authority (ACMA), is the body responsible for administering the Act. The policy objective of the Act is to ensure that broadcasting services are provided in a manner that is consistent with the public interest, including the promotion of diversity, competition, and access to a wide range of broadcasting services. In line with this objective, the ABA has the authority to vary licence area plans to accommodate changes in broadcasting services, as demonstrated in the Variation to the Licence Area Plan – Gympie Radio – Determined December 2000 – Varied November 2001. This variation was made under subsection 26(2) of the Broadcasting Services Act 1992, allowing for the addition of new frequencies for existing commercial radio services in the Gympie area of Queensland. This adjustment aims to enhance the availability and quality of broadcasting services in the region, thereby contributing to the overall policy objective of promoting access to a diverse range of broadcasting services.

Scope and Application

This legislative instrument pertains to the Variation to the Licence Area Plan for Gympie Radio, which was initially determined in December 2000 and subsequently varied in November 2001 by the Australian Broadcasting Authority under the Broadcasting Services Act 1992. The variation introduces additional frequencies for existing commercial radio services, specifically for service licence numbers SL10327 and SL4175, aimed at enhancing the coverage area for these services. The services now include a proposed frequency of 100.5 MHz for SL10327 and a proposed frequency of 1323 kHz for SL4175, both serving the Noosa/Tewantin areas in Queensland. This variation applies to the entities holding the specified service licences and is geographically limited to the Gympie area of Queensland, as delineated by the Australian Bureau of Statistics' collection districts. The variation does not alter the existing status of the services but merely proposes new frequencies to be added. The technical specifications and transmitter details are outlined in the attached schedules and attachments to this instrument, which include information on the transmitter sites, frequencies, and coverage areas. The Act and its subordinate instruments govern the application and enforcement of this variation, which is designed to ensure the efficient and effective use of radio frequencies within the specified region.

Key Provisions

The key provisions of this legislative instrument involve the variation of the licence area plan for Gympie Radio, which was originally determined in December 2000 and subsequently varied in November 2001. Under subsection 26(2) of the Broadcasting Services Act 1992, the Australian Broadcasting Authority has determined additional frequencies for existing commercial radio services in the Gympie area of Queensland (section 2). Specifically, the variation introduces two new proposed commercial radio services: one at 100.5 MHz for service licence number SL10327, and the other at 1323 kHz for service licence number SL4175 (section 2). These variations are aimed at expanding the service offerings in the area to include additional frequencies. The obligations imposed by this legislation on the parties involved, primarily the service providers, include adherence to the technical specifications outlined in the schedules and attachments to this instrument. Service providers must ensure that their operations comply with the designated frequencies, technical specifications, and transmitter locations as set out in Schedule One and Attachments 1.8 and 1.9 (section 3). Furthermore, the area served by these commercial radio broadcasting services must be as described in Attachment 1.1, which details the specific areas defined by the Australian Bureau of Statistics at the Census of 6 August 1996 (section 3). Any breach of the provisions of this legislation may result in various civil or criminal consequences. While the specific penalties are not detailed within the text, under the Broadcasting Services Act 1992, breaches of licence conditions can result in enforcement actions, including fines and potential revocation of the broadcasting licence. The maximum penalties for non-compliance could include substantial fines and imprisonment, depending on the severity of the breach and the specific provisions of the Act (section 4). It is essential for broadcasters to comply with these regulations to avoid legal repercussions and maintain their operational licences.