Licence Area Plan - Remote and Regional Western Australia (Television) - Variation - September 1997

Overview

The Broadcasting Services Act 1992, enacted by the Australian Parliament, governs the regulation of broadcasting services in Australia. This legislative framework ensures that broadcasting services are managed efficiently and effectively, aligning with the broader goals of the broadcasting industry. In September 1997, the Australian Broadcasting Authority varied the licence area plan for television broadcasting services in the Remote and Regional area of Western Australia to address discrepancies and overlaps in service coverage. This variation aimed to refine the service areas to better align with the needs of the local communities and to avoid overlaps with other licence areas, particularly the Perth commercial television licence area and the South South West TV1 licence area. The variation to the licence area comprises specific Australian Bureau of Statistics collection districts, shires, and cities, ensuring a more precise and efficient broadcasting service distribution in the region.

Scope and Application

The legislative instrument F2005B01591, which varies the Licence Area Plan for television broadcasting services in the Remote and Regional area of Western Australia, applies to the commercial television broadcasting service licence SL10048. The variation pertains to the geographic coverage of this broadcasting service, specifically modifying the areas where it is available. This includes the overlap between the Perth commercial television licence area and the South South West TV1 (SSW) licence area, as detailed in attachment 5.1.1. The modification affects Australian Bureau of Statistics (ABS) collection districts (CDs), Shires (S), and City (C) such as WA CD 041601, WA CD 041104, WA CD 041107, Murray (S) and Mandurah (C). The instrument is determined under section 29(2) of the Broadcasting Services Act 1992 by the Australian Broadcasting Authority, and the changes are effective from the date of determination, 30 September 1997. This variation does not specify any exclusions or exemptions, and its jurisdictional reach is limited to the specified regions within Western Australia. Any further details or extensions to this variation would be managed through subordinate instruments as necessary.

Key Provisions

The main operative sections of this legislation (F2005B01591) involve the variation of the licence area plan for television broadcasting services in the Remote and Regional area of Western Australia (section 1). Specifically, it alters the licence area of the Remote and Regional commercial television broadcasting service licence SL10048, expanding its coverage to include certain Australian Bureau of Statistics collection districts, Shires, and City areas such as WA CD 041601, WA CD 041104, WA CD 041107, Murray (S), and Mandurah (C). These areas represent the overlap between the Perth commercial television licence area and the South South West TV1 (SSW) licence area. This variation is intended to refine the geographical reach of the specified broadcasting licence, ensuring that it covers the newly defined regions accurately. The Act imposes specific obligations on the licensee, SL10048, to ensure compliance with the newly defined licence area. The licensee must ensure that the broadcasting service is available within the specified regions as outlined in the attachment to the instrument. This involves meeting any technical requirements necessary to extend coverage to these areas, which may include upgrading transmission infrastructure or modifying operational protocols to cover the expanded regions. Additionally, the licensee must adhere to any other provisions or conditions stipulated by the Australian Broadcasting Authority as part of this variation. In the event of a breach of the provisions outlined in this legislation, there are potential consequences. While the document does not specify particular offences or penalties, it is within the purview of the Australian Broadcasting Authority to enforce compliance. Breaches of broadcasting service regulations can result in a range of actions, including fines, suspension or revocation of the broadcasting licence, or other administrative penalties. The specific penalties would be determined by the Authority in accordance with the Broadcasting Services Act 1992 and any relevant regulations. The Authority may also initiate legal proceedings to enforce compliance, which could lead to civil or criminal liability depending on the nature and severity of the breach.