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Legislative Instruments Act 2003 |
Section 26 – Explanatory Statement
Variation No.1 of 2010 to the Licence Area Plan for Mildura/Sunraysia Television and Radio made under the Broadcasting Services Act 1992
In accordance with the Australian Communications and Media Authority Act 2005, since 1 July 2005 the Australian Communications and Media Authority (the ACMA) has exercised powers and functions under the Broadcasting Services Act 1992 (the BSA) previously exercised by the Australian Broadcasting Authority (the ABA).
The ACMA has varied the Licence Area Plan (LAP) for Mildura/Sunraysia Television and Radio. The variation was made under subsection 26(2) of the BSA and is referred to in this explanatory statement as “the instrument”.
The licence area plans and variations
The ACMA prepares LAPs under subsection 26(1) of the BSA. LAPs 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 ACMA may, by legislative instrument, vary LAPs under subsection 26(2) of the BSA.
The ABA made the Licence Area Plan for Mildura/Sunraysia Television and Radio in July 1995. The radio component of the LAP was varied in July 1997 and October 2002 and the television component was varied in September 2004. It is referred to in this explanatory statement as “the Mildura/Sunraysia Television and Radio LAP”.
Intended impact and effect
The instrument varies the Mildura/Sunraysia Television and Radio LAP by way of replacing commercial analog television channels set out in the existing Mildura/Sunraysia Television and Radio LAP with commercial digital channels in the Mildura/Sunraysia Digital Channel Plan (DCP). The instrument also removes the channel capacity for all categories of radio broadcasting services, updates the Mildura/Sunraysia TV1 licence area definition using 2006 Australian Bureau of Statistics (ABS) census data and renames the LAP to the Licence Area Plan for Mildura/Sunraysia Television – No.1 of 2010.
A new LAP for Mildura/Sunraysia Radio using 2006 ABS census data has been determined and named Licence Area Plan for Mildura/Sunraysia Radio (the new Radio LAP).
Regulatory impact analysis
The ACMA has considered whether a regulatory impact statement is required and formed the view that recommendations in the instruments would give rise to a regulatory obligation, and undertook a regulatory assessment process prior to 30 June 2010 in relation to this proposal. The ACMA’s Best Practice Regulation Coordinator has considered the matter and formed the opinion that:
- the proposed regulation is likely to have no or low impact on business or the economy; and
- neither a regulation impact statement, nor a business cost calculator report is necessary in relation to the regulatory proposal (exemption number ACMA 165).
Consultation and submissions
Before making the decision to vary the Mildura/Sunraysia Television and Radio LAP, the ACMA undertook the following consultation:
On 6 August 2010, the ACMA published the following papers on its website:
- a draft variation to the Mildura/Sunraysia Television and Radio LAP;
- a draft Mildura/Sunraysia Radio LAP; and
- an explanatory paper about the changes proposed in the draft variation to the Mildura/Sunraysia Television and Radio LAP, and the new Mildura/Sunraysia Radio LAP, which invited public comment by 5 September 2010.
On 10 August 2010, the ACMA placed an advertisement in The Age national newspaper and in the Sunraysia Daily Press, outlining the proposed draft variation to the LAP, providing details of how to obtain copies of the draft variation and how to access it on the ACMA’s website, and inviting public comment.
On 19 August 2010, the ACMA wrote to the commercial television broadcasting licensees alerting them to the proposed variation and inviting comment.
The ACMA received no submissions on the draft variation to the Mildura/Sunraysia Television and Radio LAP, the draft Mildura/Sunraysia Radio LAP or on the accompanying explanatory paper.
Description of the provisions of the instrument
Clause (1)
Clause (1) identifies the power under which the ACMA makes the instrument, section 26(2) of the BSA.
Clause (2)
Clause (2) names the instrument the Variation to the Licence Area Plan for Mildura/Sunraysia Television and Radio – No. 1 of 2010.
Clause (3)
Clause (3) provides that the instrument commences the day after it is registered on the Federal Register of Legislative Instruments.
Clause (4)
Clause (4) of the instrument:
(a) renames the Licence Area Plan for Mildura/Sunraysia Television and Radio – July 1995 (primary instrument) as “Licence Area Plan for Mildura/Sunraysia Television – No. 1 of 2010”.
(b) varies the primary instrument by:
(i) numbering each of the paragraphs in the determination consecutively as clauses (1), (2), (3) and (4); and
(ii) in clause (1), before the words “broadcasting services”, inserting the word “television”; and
(iii) omitting clauses (3) and (4), which deal with radio broadcasting services (they are to be dealt with by the new Radio LAP); and
(iv) inserting the following clause, after clause (2): “(3) A reference in this Determination to a schedule or an attachment includes a reference to a schedule or attachment as amended from time to time.”; and
(c) removing Schedule One and substituting in the corresponding place the attachment of the variation instrument having the same name; and
(d) removing Schedules Two and Three, which deal with radio broadcasting services (they are to be dealt with by the new Radio LAP); and
(e) removing Attachments 1.1, 1.2, 1.3 and 1.6 and substituting in the corresponding places the attachments of the variation instrument having the same number. New Attachment 1.1 describes the Mildura/Sunraysia TV1 licence area using information from the 2006 Census. New Attachments 1.2, 1.3 and 1.6 identify the technical specifications for transmission in digital mode by the commercial television broadcasting licensees in the Mildura/Sunraysia TV1 licence area, and include as the channels for digital transmission the channels that are identified in the Mildura/Sunraysia DCP; and
(f) removing the Attachments that deal with radio broadcasting services (they are to be dealt with by the new Radio LAP).