LICENCE AREA PLAN – NSW COMMUNITY RADIO – No 1 of 2006
Section 26 – Explanatory Statement
© Commonwealth of Australia 2006
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Legislative Instruments Act 2003
Licence area plan for NSW Community Radio – No 1 of 2006 made under the Broadcasting Services Act 1992
In accordance with the Australian Communications and Media Authority Act 2005, from 1 July 2005 the Australian Communications and Media Authority (ACMA) exercises powers and functions under the Broadcasting Services Act 1992 (the BSA) previously exercised by the Australian Broadcasting Authority (ABA).
On 7 December 2006, the Australian Communications and Media Authority (ACMA) determined the licence area plan for NSW Community Radio. The determination was made under section 26(1) 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
ACMA 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.
Intended impact and effect
In relation to broadcasting services, the instrument determines the licence area plan to provide for a community radio broadcasting service with the service licence number SL 5157 to serve Sydney, Newcastle and Wollongong in NSW.
ACMA intends the effect of the determination to clarify the rights and obligations of the radio broadcasting licensee in the NSW Community radio licence area.
Consultation
Before making a decision to determine the licence area plan, ACMA undertook the following steps by way of consultation:
● On 25 August 2006, ACMA published the following papers on its website:
- a draft licence area plan; and
- an explanatory paper about the proposal in the draft LAP, inviting public comment by 22 September 2006.
ACMA received four submissions on the draft proposal and explanatory paper.
Description of the provisions of the instrument
Clause (1) of the instrument makes one community radio broadcasting service available in the area defined in attachment 1.1. The area defined in this attachment is the general areas of Sydney, Newcastle and Wollongong in NSW. The clause also refers to the attachments containing the technical specifications for the community radio broadcasting service available in these areas.
Clause (2) of the instrument ensures that it refers to schedules and attachments amended from time to time by ACMA.
Overview
The Licence Area Plan – NSW Community Radio – No 1 of 2006 was enacted in 2006 under the Broadcasting Services Act 1992 and the Australian Communications and Media Authority Act 2005. This legislation was introduced to establish the technical specifications and characteristics of community radio broadcasting services in specific areas of New South Wales, namely Sydney, Newcastle, and Wollongong. The enacting body responsible for this instrument is the Australian Communications and Media Authority (ACMA). The primary policy objective behind this legislation is to clearly define the rights and obligations of radio broadcasting licensees in the NSW Community Radio licence area, thereby ensuring a transparent and well-regulated broadcasting environment.
Scope and Application
The Licence Area Plan for NSW Community Radio – No 1 of 2006 applies to the specific licence area defined in the instrument, which includes the general areas of Sydney, Newcastle, and Wollongong in New South Wales. This instrument is made under the Broadcasting Services Act 1992 (BSA) and is intended to clarify the rights and obligations of the radio broadcasting licensee for a community radio broadcasting service with the service licence number SL 5157. The instrument sets out the number and characteristics of broadcasting services that are available in the specified areas, including technical specifications. The scope of this legislation is limited to the broadcasting services sector and does not extend to other industries or conduct. The geographic reach of the Act is limited to the defined licence areas in New South Wales. The instrument does not explicitly state any exclusions, exemptions, or thresholds. However, the application of the Act may be extended or restricted through subordinate instruments or amendments to the BSA.
Key Provisions
The key operative sections of the Licence Area Plan for NSW Community Radio – No 1 of 2006 under the Broadcasting Services Act 1992, are sections 26(1) and 26(2). Section 26(1) allows the Australian Communications and Media Authority (ACMA) to determine licence area plans, which in this case, specify the number and characteristics of broadcasting services, including technical specifications, available in certain areas of Australia (section 26(1)). Section 26(2) ensures that the instrument refers to schedules and attachments, which are amended by ACMA from time to time (section 26(2)). The instrument determines the licence area plan to provide for a community radio broadcasting service with the service licence number SL 5157, serving Sydney, Newcastle, and Wollongong in NSW.
The obligations imposed on the parties or entities governed by this Act include the preparation of a licence area plan by ACMA, which determines the number and characteristics of broadcasting services available in specific areas of Australia. ACMA must also ensure that the instrument refers to schedules and attachments, which are subject to amendments by ACMA over time. Additionally, ACMA is required to undertake consultation with the public before making a decision to determine the licence area plan, as evidenced by the four submissions received on the draft proposal and explanatory paper.
The Act does not explicitly outline specific offences, penalties, or civil/criminal consequences for breach. However, non-compliance with the provisions of the Act could potentially result in legal action, administrative penalties, or other consequences as determined by the relevant authorities. The maximum penalties for breaches of the Broadcasting Services Act 1992 may vary depending on the nature and severity of the offence, and could include fines, imprisonment, or both. It is essential for parties and entities governed by this Act to adhere to the requirements and obligations set forth to avoid potential legal repercussions.