Licence Area Plan - Newcastle (Radio) - Variation No. 1 of 2005

Administered by Department of Communications and the Arts

Legislation au F2005L00959 Not in force Legislative Instrument

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LEGISLATIVE INSTRUMENTS ACT 2003

Section 26 - Explanatory Statement

Variation to the licence area plan for Newcastle Radio made under the Broadcasting Services Act 1992

On 14 April 2005, the Australian Broadcasting Authority (the ABA) made a variation to the Licence Area Plan for Newcastle Radio. The variation was made under section 26(2) of the Broadcasting Services Act 1992 (the BSA) and is referred to in this explanatory paper as “the instrument”.

The licence area plan and variations

The ABA prepares licence area plans under section 26(1) of the BSA. Licence area plans 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 ABA may vary licence area plans under section 26(2) of the BSA.

The ABA made the licence area plan for Newcastle Radio on 8 October 1998.
It is referred to in this explanatory paper as “the licence area plan”.

Intended impact and effect

The instrument makes minor and technical variations to the licence area plan to:

  • correct previous drafting errors; and
  • delete information, that was included for reference only, that does not form part of the licence area plan and which may be confusing.

The ABA intends the effect of these variations to be to clarify the rights and obligations of radio broadcasting licensees in the Newcastle area. The ABA does not intend the variation to alter those rights and obligations.

The instrument redefines the licence areas in the Newcastle area and adds the technical specifications for radio broadcasting services in the Newcastle area by:

  • providing technical specifications for five additional transmitters for national radio broadcasting services to serve the Port Stephens area;
  • providing a technical specification for an additional transmitter for commercial radio broadcasting service with service licence number 4115 (broadcasting as 2HD) to serve the Port Stephens area; and
  • including special conditions on each of the technical specifications, referred to above, to minimise any interference to reception of television services in the Port Stephens area by the relevant radio broadcasting services.

In relation to national radio services, the ABA intends the effect of the variation to improve reception of the Newcastle ABC radio services in the Port Stephens area.
In relation to commercial radio services, the ABA intends the effect of the variation to rectify deficiencies in reception of the Newcastle 2HD service in the Port Stephens area.

In relation to licence areas for community and commercial services in the Newcastle area, the ABA intends the effect of the variation to redefine the relevant licence areas in the terms used by the Australian Bureau of Statistics in the most recent Census. This variation is of a minor and machinery nature and ensures consistency between the licence area plan and the Census. The ABA does not intend that the licence areas are to be altered in a substantial way.

Consultation

Before making a decision to vary the licence area plan, the ABA undertook the following steps by way of consultation:

  • On 24 November 2004 the ABA published the following papers on its website:
  • a draft variation to the licence area plan; and
  • an explanatory paper about the changes proposed in the draft variation, inviting public comment by 17 December 2004.
  • On 2 December 2004, the ABA placed an advertisement in the Port Stephens Examiner newspaper outlining the effect of the draft variation to the licence area plan, providing details of how to obtain copies of the draft variation and inviting public comment.
  • The ABA wrote to licensees of commercial, community and national broadcasting services within the Newcastle area and to interested organisations, agencies and industry bodies including Commercial Radio Australia, Free TV Australia, Air Services Australia and the Australian Communications Authority. The ABA advised them of the release of the draft variation and explanatory paper and invited comments.

The ABA received four submissions on the draft proposal and explanatory paper.

Description of the provisions of the instrument

Clause (1)(a) of the instrument varies the text of the determination in the licence area plan to number each of the paragraphs in the determination consecutively as clauses.

Clause (1)(b)(i) of the instrument varies the text in paragraph (2) of the determination in the licence area plan to increase the number of national radio services made available in the Newcastle RA1 licence area from six to eleven.

Clause (1)(b)(ii) of the instrument varies the text in paragraph (2) of the determination in the licence area plan to refer to attachments which contain the additional technical specifications for the additional national radio services referred to above and the technical specification for an additional transmitter for the commercial radio broadcasting service, referred to above and broadcasting as 2HD.

Clause (1)(c) of the instrument varies the text of the determination in the licence area plan to insert a new clause (7). Clause (7) will ensure that references in the determination to schedules and attachments are references to schedules and attachments that have been amended from time to time by the ABA.

Clause (2) of the instrument deletes page 2 of the licence area plan. The page contains information that was included for reference that does not form part of the licence area plan and which may be confusing.

Clause (3) of the instrument varies the schedules to the licence area plan. The schedules set out details of the national, commercial, community and open narrowcasting radio broadcasting services that are to be available on particular frequencies in the licence areas in the Newcastle area (including the Newcastle RA1 and RA2, Cessnock/Maitland RA1, Lake Macquarie RA1 and Port Stephens RA1 licence areas). In particular, the schedules provide the technical specification numbers for the transmitters to be used by the services and specify the attachments which contain the technical specification for each of those transmitters.

Clause (3)(a) of the instrument deletes Schedule One of the licence area plan and substitutes an updated schedule. The updated schedule:

  • provides details of additional transmitters for broadcast from Port Stephens by national radio broadcasting services;
  • provides details of an additional transmitter for broadcast on the FM band by Newcastle commercial radio broadcasting service 2HD to the Port Stephens area, referred to above; and
  • identifies the attachment numbers containing the technical specification for each of those additional transmitters.

The schedules in the licence area plan have status columns that contain information, included for reference, that does not form part of the licence area plan and which may be confusing. The updated Schedule One does not contain a status column. Clause (3)(b) of the instrument deletes the status columns from all other schedules to the licence area plan.

Clauses (4) (a) and (b) of the instrument insert attachments 1.13, 1.14, 1.15, 1.16, 1.17 and 1.18 into the licence area plan. Those attachments contain the technical specifications for the five additional transmitters for national radio broadcasting services and one additional transmitter for the commercial radio broadcasting service, all referred to above.

The technical specifications for those services include the following characteristics:

  • the nominal transmitter site;
  • the frequency on which the service may be transmitted;
  • other emission details;
  • the output radiation pattern (including power limitations); and
  • special conditions to ensure that broadcasts from the additional transmitters do not interfere with reception of other broadcasting services.

Clauses 4(c), (d), (e), (f) and (g) of the instrument replace the existing descriptions of the relevant licence areas to define them in terms used by the Australian Bureau of Statistics at the latest Census of 5 August 2001. It is not intended to substantially alter the boundaries of the existing licence areas.

Clause (5) of the instrument provides for the instrument to commence on the date that it is determined by the ABA.

Overview

The Legislative Instruments Act 2003 was enacted to provide a framework for the making and publication of legislative instruments. This Act ensures that legislative instruments, which are made under an Act or instrument that confers power to make such instruments, comply with certain requirements and are subject to parliamentary scrutiny. Enacted by the Parliament of Australia, the Act aims to enhance transparency and accountability in the legislative process by requiring the registration and publication of legislative instruments, thereby enabling public scrutiny and participation. The explanatory statement for a variation to the Licence Area Plan for Newcastle Radio made under the Broadcasting Services Act 1992 on 14 April 2005 by the Australian Broadcasting Authority (ABA) exemplifies the application of this Act. The ABA made minor technical variations to the licence area plan to correct previous drafting errors and remove potentially confusing reference information. The intended impact and effect of these variations were to clarify the rights and obligations of radio broadcasting licensees in the Newcastle area without altering them substantially. The ABA also aimed to improve reception of Newcastle ABC radio services in the Port Stephens area and rectify deficiencies in reception of the Newcastle 2HD service in the same area. Additionally, the variation redefined the relevant licence areas using terms from the Australian Bureau of Statistics' most recent Census to ensure consistency. The ABA consulted widely before making the decision to vary the licence area plan, inviting public comment and engaging with relevant stakeholders.

Scope and Application

The Legislative Instruments Act 2003 provides a framework for the creation, variation, and revocation of legislative instruments, including those made under the Broadcasting Services Act 1992 (BSA). Specifically, the Broadcasting Services Act 1992 authorises the Australian Broadcasting Authority (ABA) to prepare and vary licence area plans for broadcasting services, which are used to determine the number and technical specifications of broadcasting services available in particular areas of Australia. The instrument in question is a variation to the licence area plan for Newcastle Radio, made by the ABA under section 26(2) of the BSA. This variation applies to entities involved in radio broadcasting services within the Newcastle area, including commercial, community, and national broadcasters, and aims to correct technical errors, clarify obligations, and improve signal reception, particularly in the Port Stephens area. The geographic reach of this variation is limited to the Newcastle licence area, and it does not alter the fundamental rights and obligations of broadcasters but seeks to enhance technical and administrative clarity. The instrument includes provisions to ensure that references to schedules and attachments are updated over time and removes potentially confusing reference information from the original licence area plan. This variation is effective from the date determined by the ABA and does not introduce new substantive obligations or restrictions beyond those already established under the BSA.

Key Provisions

The main sections of the instrument, as detailed in the explanatory statement, include the variation of the text of the determination in the licence area plan to number the paragraphs consecutively (clause 1(a)), increase the number of national radio services in the Newcastle RA1 licence area (clause 1(b)(i)), and refer to attachments containing additional technical specifications (clause 1(b)(ii)). Clause 1(c) ensures that references in the determination to schedules and attachments are to those amended by the ABA. Clause 2 deletes page 2 of the licence area plan, which contained reference information that was not part of the licence area plan. Clause 3 varies the schedules, providing updated technical specifications and deleting status columns. Clauses 4(a) and (b) insert new attachments with technical specifications for additional transmitters, while clauses 4(c) to 4(g) redefine licence areas based on the latest Census data. Clause 5 sets the commencement date of the instrument. The obligations imposed by the instrument on the parties and entities it governs include correcting previous drafting errors, ensuring the technical specifications for additional transmitters are clearly outlined, and ensuring that references to schedules and attachments are updated. Broadcasters and licensees in the Newcastle area must adhere to the new technical specifications provided for in the schedules and attachments to avoid interference with other broadcasting services. Additionally, they must operate within the redefined licence areas, which are aligned with the Australian Bureau of Statistics' terms used in the latest Census. There are no explicit offences, penalties, or civil/criminal consequences mentioned in the explanatory statement for breach of the provisions in the instrument. However, failure to comply with the new technical specifications and licence area definitions could potentially lead to interference with other broadcasting services, which might result in regulatory actions or fines imposed by the ABA under the Broadcasting Services Act 1992. The exact penalties would depend on the nature and extent of the interference caused.

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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.