Explanatory Statement | Section 26 – Legislative Instruments Act 2003 Variation to the Licence Area Plan for Mount Gambier/South East Television – No.1 of 2010 | DECEMBER 2010 |
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Legislative Instruments Act 2003 |
Section 26 – Explanatory Statement
Variation No.1 of 2010 to the Licence Area Plan for Mount Gambier/South East Television 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 Mount Gambier/South East Television. 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 Mount Gambier/South East Television in April 1996. It is referred to in this explanatory statement as “the Mount Gambier/South East Television LAP”.
Intended impact and effect
The instrument varies the Mount Gambier/South East Television LAP by way of replacing commercial analog television channels set out in the existing Mount Gambier/South East Television LAP with commercial digital channels in the Mount Gambier/South East Digital Channel Plan (DCP).
Regulatory impact analysis
We have formed the view that the recommendations in this submission would give rise to a regulatory obligation and we have undertaken a regulatory analysis process. The Office of Best Practice Regulation has considered the matter and formed the opinion that the proposed amendments will have minor and machinery impacts and therefore no further analysis (in the form of a Business Cost Calculator Report or Regulation Impact Statement) is required. OBPR ID: 2010/11720
Consultation and submissions
Before making the decision to vary the Mount Gambier/South East Television LAP, the ACMA undertook the following consultation:
On 5 October 2010, the ACMA published the following papers on its website:
- a draft variation to the Mount Gambier/South East Television LAP; and
- an explanatory paper about the changes proposed in the draft variation to the Mount Gambier/South East Television LAP, which invited public comment by 17 October 2010.
On 6 October 2010, the ACMA placed an advertisement in The Australian national newspaper, 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 7 October 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 Mount Gambier/South East Television 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 Mount Gambier/South East Television – No. 1 of 2010.
Clause (3)
Clause (3) provides that the instrument commences on 15 December 2010.
Clause (4)
Clause (4) of the instrument replaces the Schedules and Attachments that deal with commercial television broadcasting services transmitted in analog mode with Schedules and Attachments that deal with transmission of such services in digital mode. The channels to be used, and relevant technical specifications, are those planned in the Mount Gambier/South East DCP.
Clause (4) also makes some minor formatting changes to the Mount Gambier/South East Television LAP.
Overview
The Legislative Instruments Act 2003, enacted by the Parliament of Australia, provides the framework for the creation and publication of legislative instruments. These instruments, which include variations to existing plans such as the Licence Area Plan for Mount Gambier/South East Television, enable regulatory bodies like the Australian Communications and Media Authority (ACMA) to make necessary adjustments to broadcasting services without the need for new primary legislation. The policy objective behind this legislative instrument is to ensure efficient and timely updates to broadcasting services, facilitating the transition from analog to digital broadcasting and enhancing service quality and accessibility. The ACMA, under the Broadcasting Services Act 1992, has the authority to vary the Licence Area Plan, as it did in this instance by replacing analog commercial television channels with digital ones in accordance with the Mount Gambier/South East Digital Channel Plan. The instrument, which came into effect on 15 December 2010, aims to streamline broadcasting services to better meet contemporary technological standards and consumer needs.
Scope and Application
The Explanatory Statement outlines the Variation No. 1 of 2010 to the Licence Area Plan for Mount Gambier/South East Television, which was made under the Broadcasting Services Act 1992 (BSA) by the Australian Communications and Media Authority (ACMA). This variation pertains specifically to the replacement of commercial analog television channels in the existing Mount Gambier/South East Television Licence Area Plan (LAP) with commercial digital channels as detailed in the Mount Gambier/South East Digital Channel Plan (DCP). The instrument applies to the existing Licence Area Plan for Mount Gambier/South East Television, which was originally made by the Australian Broadcasting Authority (ABA) in April 1996. The variation does not introduce new entities or industries into the scope of the BSA but rather modifies the existing framework for broadcasting services in the specified region. The geographic reach of this Act is limited to the Mount Gambier/South East Television licence area, and it is within the Commonwealth jurisdiction as administered by the ACMA. There are no stated exclusions, exemptions, or thresholds in this variation, and it is not expected to extend or restrict application through subordinate instruments beyond the specific changes outlined in Clause (4).
Key Provisions
The main operative sections of this legislation pertain to the variation of the Licence Area Plan (LAP) for Mount Gambier/South East Television, as outlined under sections 26(1) and 26(2) of the Broadcasting Services Act 1992 (BSA). Section 26(1) of the BSA allows the Australian Communications and Media Authority (ACMA) to prepare LAPs that determine the number and characteristics of broadcasting services available in specific areas of Australia. The authority to vary these plans is provided under section 26(2) of the BSA, which is exercised by the ACMA in this instance. The ACMA has replaced commercial analog television channels in the existing Mount Gambier/South East Television LAP with commercial digital channels as per the Mount Gambier/South East Digital Channel Plan (DCP).
The obligations and requirements imposed by this legislation on the ACMA include the preparation of the Licence Area Plan for Mount Gambier/South East Television and the variation of this plan to accommodate the transition from analog to digital broadcasting. The ACMA must undertake a consultation process with the public and relevant stakeholders, such as commercial television broadcasting licensees, before making such variations. Although the ACMA invited public comment on the proposed variation in this case, no submissions were received. The ACMA must also ensure that the variation aligns with the technical specifications outlined in the Mount Gambier/South East DCP and makes necessary minor formatting changes to the Mount Gambier/South East Television LAP.
There are no specific offences, penalties, or civil/criminal consequences mentioned in this legislation for breaches of the Licence Area Plan or its variations. However, the ACMA is required to ensure compliance with the Broadcasting Services Act 1992 and any related regulations. Failure to comply with the broadcasting services provisions or related regulations could result in enforcement actions by the ACMA, such as fines or other penalties as prescribed under the BSA or other relevant legislation. The maximum penalties for breaches of the BSA may vary depending on the specific provision and nature of the breach.