Explanatory Statement | Section 26 – Legislative Instruments Act 2003 Variation to the Licence Area Plan for Regional Victoria Analog Television – No.1 of 2011 | april 2011 |
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Variation No.1 of 2011 to the Licence Area Plan for Regional Victoria Analog Television made under subsection 26(2) of 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 licence area plan and variations
The ACMA prepares Licence Area Plans (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 ABA made the Licence Area Plan for Regional Victoria Analog Television on 23 October 2003 (“the Regional Victoria Television LAP”).
The ACMA may, by legislative instrument, vary LAPs under subsection 26(2) of the BSA.
The ACMA has varied the Regional Victoria Television LAP by legislative instrument (“the instrument”) under subsection 26(2) of the BSA.
Intended impact and effect
The instrument varies the Regional Victoria Television LAP by way of replacing commercial analog television channels set out in the existing Regional Victoria Television LAP with commercial digital channels in the Regional Victoria Commercial Digital Channel Plan (DCP).
Regulatory impact analysis
The matter has been referred to the Office of Best Practice Regulation (OBPR) for a preliminary assessment of regulatory impact. The OPBR has considered the matter and formed the opinion that the proposed amendment 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: 2010/12077
Consultation and submissions
Before making the decision to vary the Regional Victoria Television LAP, the ACMA undertook the following consultation:
- On 21 January 2011, the ACMA published the following papers on its website:
- a draft variation to the Regional Victoria Television LAP; and
- an explanatory paper about the changes proposed in the draft variation to the Regional Victoria Television LAP, which invited public comment by 14 February 2011.
- On 21 January 2011, the ACMA wrote to the commercial and national television broadcasting licensees alerting them to the proposed variation and inviting comment.
- On 26 January 2011, the ACMA placed an advertisement in The Age 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.
At the end of the consultation period, the ACMA had received no submissions on the draft variation to the Regional Victoria 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 Regional Victoria Analog Television – No. 1 of 2011.
Clause (3)
Clause (3) provides that the instrument commences on 5 May 2011, which is the end of the simulcast period for the Regional Victoria licence areas.
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 the relevant technical specifications, are those planned in the Regional Victoria Commercial DCP.
Overview
The Variation to the Licence Area Plan for Regional Victoria Analog Television – No.1 of 2011 was enacted in 2011 to address the transition from analog to digital broadcasting services in regional Victoria. This legislative instrument was introduced under subsection 26(2) of the Broadcasting Services Act 1992 (BSA) by the Australian Communications and Media Authority (ACMA), which exercises powers and functions previously held by the Australian Broadcasting Authority (ABA) since 1 July 2005, as per the Australian Communications and Media Authority Act 2005. The purpose of the instrument was to update the existing Licence Area Plan for Regional Victoria Analog Television by replacing analog commercial television channels with digital channels, as outlined in the Regional Victoria Commercial Digital Channel Plan. The ACMA consulted with relevant stakeholders, including commercial and national television broadcasting licensees, and the public, although no submissions were received. The instrument, which commenced on 5 May 2011, effectively replaces analog broadcasting services with digital services in the specified region.
Scope and Application
The Variation No.1 of 2011 to the Licence Area Plan for Regional Victoria Analog Television applies to the broadcasting services in Regional Victoria, particularly affecting the technical specifications and characteristics of broadcasting services in that area. It is made under the authority of the Broadcasting Services Act 1992, and its application is limited to the geographic region of Regional Victoria. The instrument specifically varies the existing Regional Victoria Television Licence Area Plan to replace commercial analog television channels with commercial digital channels as per the Regional Victoria Commercial Digital Channel Plan. The changes are effective from 5 May 2011, marking the end of the simulcast period for analog broadcasting in Regional Victoria. The instrument does not extend beyond its stated purpose and does not include any exemptions or thresholds beyond what is specified in the Regional Victoria Commercial Digital Channel Plan. Any further application or detailed regulations concerning the implementation of these changes may be addressed through subordinate instruments, which would be consistent with the objectives set out in the primary legislation.
Key Provisions
The main operative sections of this legislation concern the variation to the Licence Area Plan (LAP) for Regional Victoria Analog Television, made under subsection 26(2) of the Broadcasting Services Act 1992 (BSA) (section 2). The variation replaces the existing analog channels in the Regional Victoria Television LAP with digital channels as outlined in the Regional Victoria Commercial Digital Channel Plan (DCP) (section 4). This change is effective from 5 May 2011, which coincides with the end of the simulcast period for the Regional Victoria licence areas (section 3).
The Australian Communications and Media Authority (ACMA) is required to prepare Licence Area Plans under subsection 26(1) of the BSA, determining the number and characteristics of broadcasting services available in particular areas of Australia. The ACMA may vary these plans by legislative instrument under subsection 26(2) of the BSA (section 1). The ACMA must consult with relevant parties, including commercial and national television broadcasting licensees, and invite public comment before making such variations. This ensures transparency and stakeholder engagement in the regulatory process (section 2).
The obligations imposed on parties by this legislation include the ACMA's responsibility to prepare and vary LAPs in accordance with the BSA. The ACMA must also consult with relevant stakeholders and consider public submissions before making any variations to the LAPs (section 2). Broadcasters and other entities operating within the Regional Victoria licence areas must comply with the new digital channel specifications and technical requirements as outlined in the Regional Victoria Commercial DCP (section 4).
The legislation does not explicitly outline specific offences, penalties, or civil/criminal consequences for breach. However, non-compliance with the new digital channel requirements could potentially lead to regulatory action by the ACMA. This could include enforcement measures such as fines, cessation orders, or other penalties as permitted under the BSA. The exact penalties would depend on the nature and severity of the breach, as well as any relevant provisions within the BSA (section 4).