Licence Area Plan - Remote and Regional Western Australia (Television) - Variation - November 1998

Overview

The Broadcasting Services Act 1992 was enacted to regulate and facilitate the broadcasting industry in Australia, ensuring that services are provided efficiently and effectively. The Act aims to promote diversity and independence in broadcasting and to provide for the regulation of broadcasting services to protect the public interest. The Australian Broadcasting Authority (ABA), now known as the Australian Communications and Media Authority (ACMA), was established under this Act to oversee the implementation and compliance with the Act's provisions. In November 1998, the ABA varied the licence area plan for television broadcasting services in the Remote and Regional area of Western Australia. This variation was made under section 29(2) of the Broadcasting Services Act 1992 and involved the modification of the licence area for the Remote and Regional commercial television broadcasting service licence 4747, impacting specific Australian Bureau of Statistics collection districts, Shires, and City areas. The variation aimed to better align the broadcasting services with the needs and demographics of the affected regions.

Scope and Application

The Australian Broadcasting Authority has exercised its authority under section 29(2) of the Broadcasting Services Act 1992 to vary the licence area plan (LAP) for television broadcasting services in the Remote and Regional area of Western Australia. This legislative instrument specifies the areas where the commercial television broadcasting service licence number 4747, held by TV1 Western Australia, is now available. The variation extends the licence area to include additional Australian Bureau of Statistics (ABS) collection districts and Shires as detailed in the instrument, ensuring the service reaches more defined geographical locations within the state. This variation is crucial for extending the service's coverage and ensuring compliance with broadcasting regulations in these newly included areas. The legislation does not explicitly mention any exclusions, exemptions, or thresholds, but the scope of the variation is clearly defined by the listed collection districts and Shires. The application of this variation is limited to the Remote and Regional areas of Western Australia and does not extend beyond this jurisdiction.

Key Provisions

The key operative sections of this legislative instrument (F2005B01592) are sections 29(2) of the Broadcasting Services Act 1992 and the variation of the licence area plan (LAP) for television broadcasting services in the Remote and Regional area of Western Australia. This variation modifies the licence area of the Remote and Regional commercial television broadcasting service licence 4747 to include specific Australian Bureau of Statistics (ABS) collection districts (CDs), Shires (S) and City (C) as detailed in the instrument. This means that the area where the service is available is now expanded to include certain areas that were previously not covered by this licence. The specific areas added are WA CD 051407, WA CD 051408, WA CD 051503, Broomehill (S), Carnamah (S) and Perenjori (S). The obligations imposed by this Act require the holder of the commercial television broadcasting service licence 4747 to ensure that the broadcasting services are available in the newly defined licence area. This includes the responsibility to provide coverage in the specified ABS collection districts, Shires, and City. The holder must also ensure that the broadcasting services comply with all other terms and conditions of the licence and relevant broadcasting standards. In terms of penalties and consequences for breach, the Act does not explicitly state any specific penalties for non-compliance with this variation. However, generally, under the Broadcasting Services Act 1992, breaches of licence conditions can lead to a range of consequences including fines, suspension or revocation of the licence, and potential criminal charges for serious breaches. The specific penalties would depend on the nature and severity of the breach, and would be determined in accordance with the relevant provisions of the Act and any other applicable legislation.