Licence Area Plan - Hamilton Radio - Variation - August 2003

Overview

The Broadcasting Services Act 1992 was enacted to regulate and manage radio and television broadcasting services in Australia, ensuring that the public interest is served through a diverse and efficient broadcasting system. The Australian Broadcasting Authority, under subsection 26(2) of the Act, was tasked with determining and varying licence area plans to allocate broadcasting services efficiently and effectively. In August 2003, the Australian Broadcasting Authority varied the licence area plan for radio in the Hamilton region of Victoria, which was initially determined in December 2001. This variation introduced an additional transmitter in Portland, VIC, to better serve the region. The variation included redefinitions of the licence areas of existing commercial and community radio services using 2001 Census boundaries, while maintaining the overall structure of the service provision in the region. The policy objective behind this variation was to enhance the availability and quality of broadcasting services to the residents of Hamilton and Portland, ensuring better coverage and service provision in these areas.

Scope and Application

The Variation to Licence Area Plan Hamilton, issued by the Australian Broadcasting Authority in August 2003, pertains to the radio broadcasting services in the Hamilton region of Victoria, amending the original Licence Area Plan determined in December 2001. This variation applies to the entities that hold or seek to hold broadcasting licences within the Hamilton and Portland regions, including commercial and community radio services. The changes primarily involve the redefinition of licence areas based on 2001 Census boundaries and the addition of a new transmitter in Portland. The Broadcasting Services Act 1992 governs this variation, with the Australian Broadcasting Authority acting under its provisions to adjust the licence area plan to better reflect demographic and geographic changes. This legislation applies specifically to the Commonwealth jurisdiction, impacting the operation and licensing of radio services in the specified areas. The variation does not introduce new exclusions or exemptions but modifies the technical specifications and service areas for existing services, ensuring that the regulatory framework remains aligned with current population distributions and broadcasting needs. The Act allows for further specification and regulation through subordinate instruments, which may include technical standards and procedural guidelines for licence applications and renewals.

Key Provisions

The legislative instrument outlines a variation to the licence area plan for radio in the Hamilton region of Victoria, as determined by the Australian Broadcasting Authority (ABA) under subsection 26(2) of the Broadcasting Services Act 1992 (the "Act"). The primary change involves the addition of an extra transmitter in Portland, Victoria, to support commercial radio services, as specified in the technical details provided in the instrument. The licence areas for existing commercial and community radio services have been redefined based on the 2001 Census boundaries but remain otherwise unchanged. Under the Act, the ABA is tasked with managing broadcasting services, which includes determining licence area plans that specify the areas where particular broadcasting services will be available. The variation to the Hamilton licence area plan incorporates an additional transmitter in Portland, which is designated for commercial radio services. The technical specifications for this new transmitter, including its frequency, site location, and emission details, are detailed in the instrument and its attachments. The obligations imposed on the parties governed by this Act include adherence to the newly defined licence areas and technical specifications for the transmitters. Radio service providers must ensure their operations comply with these specifications to maintain their broadcasting licences. The ABA is responsible for monitoring compliance and may take action if any party fails to adhere to the stipulated requirements. Breaches of the provisions outlined in this legislative instrument can result in both civil and criminal consequences. Under the Broadcasting Services Act 1992, the ABA can impose administrative penalties for non-compliance, which can be significant depending on the severity and nature of the breach. In more severe cases, especially where there is willful or repeated non-compliance, the ABA may refer the matter to the courts, which can result in heavier penalties. The maximum penalties can vary, but they are designed to enforce compliance and ensure the proper functioning of the broadcasting services within the defined licence areas.