Licence Area Plan - Mildura/Sunraysia Television and Radio - Variation No. 1 of 2010

Administered by Department of Communications and the Arts

Legislation au F2010L03005 Not in force Legislative Instrument

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Explanatory Statement

Section 26 – Legislative Instruments Act 2003

Variation to the Licence Area Plan for Mildura/Sunraysia Television and Radio No.1 of 2010

november  2010

 

 

 

 


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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).

 

Overview

The Legislative Instruments Act 2003, enacted in 2003, provides the legal framework for the creation of legislative instruments, which include regulations and rules made by the Australian Government. These instruments are crucial for ensuring that government policies and laws are implemented effectively and efficiently. The Act aims to streamline the legislative process and provide greater transparency and accountability in the creation of subordinate legislation. The enacting body is the Parliament of Australia, and the policy objective is to ensure that legislative instruments are made in a manner that is consistent with the intent of the parent Act and that they are subject to appropriate scrutiny and review. The Act also aims to reduce the burden on the Parliament by allowing certain legislative instruments to be made by the executive government, subject to certain conditions and oversight mechanisms. The Broadcasting Services Act 1992 was enacted to provide a regulatory framework for the broadcasting industry in Australia. The Act established the Australian Broadcasting Authority (ABA) to regulate the broadcasting services, including television and radio, and to ensure that the services are provided in a manner that is consistent with the public interest. The Act aims to promote diversity and choice in the broadcasting services, to protect the interests of consumers, and to ensure that the broadcasting services are provided in a manner that is consistent with the values and culture of the Australian community. The enacting body is the Parliament of Australia, and the policy objective is to provide a regulatory framework that balances the need for regulation with the need to promote competition and innovation in the broadcasting industry.

Scope and Application

The Legislative Instrument Act 2003 has been applied to vary the Licence Area Plan for Mildura/Sunraysia Television and Radio, as outlined in the explanatory statement. This variation, executed by the Australian Communications and Media Authority (ACMA) under subsection 26(2) of the Broadcasting Services Act 1992, primarily affects the Mildura/Sunraysia Television and Radio Licence Area Plan, which was originally established by the Australian Broadcasting Authority in July 1995. The variation replaces the existing commercial analog television channels with commercial digital channels as specified in the Mildura/Sunraysia Digital Channel Plan, 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 census data, and renames the plan to the Licence Area Plan for Mildura/Sunraysia Television – No. 1 of 2010. Additionally, a new Licence Area Plan for Mildura/Sunraysia Radio, incorporating 2006 ABS census data, has been created. The changes are designed to reflect current broadcasting needs and technological advancements, thereby affecting broadcasting services within the Mildura/Sunraysia area.

Key Provisions

The main operative sections of this legislation focus on varying the Licence Area Plan (LAP) for Mildura/Sunraysia Television and Radio. Section 26(2) of the Broadcasting Services Act 1992 (BSA) allows the Australian Communications and Media Authority (ACMA) to make this variation. Clause (2) of the instrument names it as the "Variation to the Licence Area Plan for Mildura/Sunraysia Television and Radio – No. 1 of 2010." The instrument comes into effect the day after it is registered on the Federal Register of Legislative Instruments. Clause (4) of the instrument details several changes to the Mildura/Sunraysia Television and Radio LAP, including renaming it to "Licence Area Plan for Mildura/Sunraysia Television – No. 1 of 2010," updating the TV1 licence area definition with 2006 Australian Bureau of Statistics (ABS) census data, and replacing commercial analog television channels with commercial digital channels in the Mildura/Sunraysia Digital Channel Plan (DCP). The obligations and requirements imposed by this Act primarily revolve around the preparation and variation of LAPs by the ACMA. Under subsection 26(1) of the BSA, the ACMA is responsible for preparing LAPs, which determine the number and characteristics of broadcasting services available in specific areas of Australia. The ACMA may vary these plans by legislative instrument under subsection 26(2) of the BSA, as seen in this variation. The ACMA must consider the impact of these variations, conduct a regulatory assessment process, and consult with relevant parties. Although no submissions were received for this particular variation, the ACMA is obligated to ensure that the variations are in line with broadcasting standards and service availability. The legislation does not explicitly state any offences, penalties, or consequences for breach. However, the ACMA is responsible for enforcing compliance with broadcasting laws, including the proper implementation of LAPs. Failure to comply with broadcasting regulations can result in penalties under the BSA, which may include fines or other sanctions. The specific penalties depend on the nature and severity of the breach. It is also important to note that the ACMA’s Best Practice Regulation Coordinator determined that the proposed regulation is likely to have no or low impact on business or the economy, and that neither a regulatory impact statement nor a business cost calculator report is necessary in relation to this proposal.

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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.