Licence Area Plan - Mildura/Sunraysia Television and Radio - Variation - July 1997

Overview

The Broadcasting Services Act 1992 (BSA) was enacted to provide for the regulation of broadcasting services in Australia, ensuring that the services are available to the public and that the broadcasting sector is competitive and diverse. This Act addresses the need for a comprehensive legislative framework governing broadcasting services, including television and radio, in Australia. Enacted by the Australian Parliament, the BSA aims to promote a broadcasting system that reflects Australia's cultural diversity, supports the Australian film industry, and is responsive to the needs of the community. The BSA establishes the Australian Communications and Media Authority (ACMA) as the regulatory body responsible for enforcing the provisions of the Act and ensuring compliance with licensing and technical standards. The legislative instrument in question is a variation to the licence area plan for radio and television broadcasting services in the Mildura/Sunraysia area of Victoria and New South Wales, varying the licence area and technical specifications of certain community broadcasting services. This variation was made by the Australian Broadcasting Authority in accordance with subsection 26(2) of the BSA.

Scope and Application

The Variation to Licence Area Plan for Mildura/Sunraysia, issued by the Australian Broadcasting Authority on 21 July 1997, pertains to the modification of the licence area plan for radio and television broadcasting services in the Mildura/Sunraysia region, which straddles the borders of Victoria and New South Wales. This variation is made under the provisions of subsection 26(2) of the Broadcasting Services Act 1992. It specifically addresses changes to the licence area and technical specifications for certain community broadcasting services within the designated area. The licence area plan was originally determined on 13 July 1995 and the current variation affects two community broadcasting services, identified by service licence numbers SL010092 and SL010093, with changes including alterations to transmitter locations and technical specifications as detailed in the attachments to this instrument. The variation also modifies the technical specifications for the community broadcasting service with service licence number SL010092. The Broadcasting Services Act 1992 governs this process, and while the act mandates service licences for commercial and community services, it does not apply to all broadcasting services. The variation to the licence area plan is applicable to the specific community broadcasting services mentioned and the affected geographic areas as outlined in the attachments.

Key Provisions

The primary operative sections of this legislative instrument involve the variation of the licence area plan (LAP) for radio and television broadcasting services in the Mildura/Sunraysia area, effective from 21 July 1997. This variation alters the licence area for the community radio broadcasting service with the service licence number SL010093 and modifies the technical specifications for the community broadcasting service with the service licence number SL010092, as detailed in Schedules Four and Attachment 4.5 (sections 2-3). The instrument references the Broadcasting Services Act 1992 and specifically operates under subsection 26(2) to enact these changes. The obligations imposed by this Act primarily concern the Australian Broadcasting Authority, which must ensure the updated technical specifications and licence areas are adhered to by the relevant service providers. The community radio broadcasters must comply with the new technical specifications outlined in the attachment, including transmitter locations, frequencies, and power output. These technical specifications are detailed in Attachment 4.5 and Attachment 3.3.1, which must be followed strictly to maintain compliance with broadcasting regulations. The Act does not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches of these variations. However, under the Broadcasting Services Act 1992, non-compliance with broadcasting regulations can lead to enforcement actions by the Australian Communications and Media Authority (ACMA), which may include fines, suspension of broadcasting services, or other regulatory actions. The exact penalties would be determined based on the nature and severity of the breach, as governed by the overarching broadcasting legislation.