Explanatory Statement | Section 26 – Legislative Instruments Act 2003 Variation to the Licence Area Plan for Riverland Television and Radio – No.1 of 2010 | DECEMBER 2010 |
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Legislative Instruments Act 2003 |
Section 26 – Explanatory Statement
Variation No.1 of 2010 to the Licence Area Plan for Riverland Television and Radio made under 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 ACMA has varied the Licence Area Plan (LAP) for Riverland Television and Radio. The variation was made under subsection 26(2) of the BSA and is referred to in this explanatory statement as “the instrument”.
The licence area plans and variations
The ACMA prepares 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 ACMA may, by legislative instrument, vary LAPs under subsection 26(2) of the BSA.
The ABA made the Licence Area Plan for Riverland Television and Radio in August 1996. It is referred to in this explanatory statement as “the Riverland Television and Radio LAP”.
Intended impact and effect
The instrument varies the Riverland Television and Radio LAP by way of replacing commercial analog television channels set out in the existing Riverland Television and Radio LAP with commercial digital channels in the Riverland Digital Channel Plan (DCP).
Regulatory impact analysis
We have formed the view that the recommendations in this submission would give rise to a regulatory obligation and we have undertaken a regulatory analysis process. The Office of Best Practice Regulation has considered the matter and formed the opinion that the proposed amendments 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: 2010/11720
Consultation and submissions
Before making the decision to vary the Riverland Television and Radio LAP, the ACMA undertook the following consultation:
On 5 October 2010, the ACMA published the following papers on its website:
- a draft variation to the Riverland Television and Radio LAP; and
- an explanatory paper about the changes proposed in the draft variation to the Riverland Television and Radio LAP, which invited public comment by 17 October 2010.
On 6 October 2010, the ACMA placed an advertisement in The Australian national 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.
On 7 October 2010, the ACMA wrote to the commercial television broadcasting licensees alerting them to the proposed variation and inviting comment.
The ACMA received no submissions on the draft variation to the Riverland Television and Radio 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 Riverland Television and Radio – No. 1 of 2010.
Clause (3)
Clause (3) provides that the instrument commences on 15 December 2010, which is the end of the simulcast period for the Riverland TV1 licence area.
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 relevant technical specifications, are those planned in the Riverland DCP.
Overview
The Legislative Instruments Act 2003 (F2010L03236) was enacted to streamline the process of making legislative instruments under Commonwealth Acts and to provide greater transparency and accountability in the legislative process. This act addresses the need for a more efficient and accessible mechanism for creating legislative instruments, which are rules and regulations made by the executive branch under authority granted by an Act of Parliament. The Australian Communications and Media Authority (ACMA) is the enacting body responsible for varying the Licence Area Plan for Riverland Television and Radio. The policy objective behind this variation, as outlined in the Broadcasting Services Act 1992, is to ensure the availability and characteristics of broadcasting services are updated to reflect technological advancements, such as the transition from analog to digital broadcasting, thereby enhancing service quality and efficiency.
Scope and Application
The Legislative Instruments Act 2003, specifically Section 26, pertains to variations of Licence Area Plans for broadcasting services in Australia. This Act applies to the Australian Communications and Media Authority (ACMA), which exercises powers under the Broadcasting Services Act 1992. The ACMA has the authority to prepare and vary Licence Area Plans (LAPs) that determine the number and technical specifications of broadcasting services available in specific areas of Australia. The instrument in question modifies the Licence Area Plan for Riverland Television and Radio by replacing commercial analog television channels with commercial digital channels as outlined in the Riverland Digital Channel Plan. The geographic reach of this variation is limited to the Riverland licence area, and it becomes effective on 15 December 2010, marking the end of the simulcast period for Riverland TV1. This variation does not extend to any other broadcasting licence areas and no further regulatory impact analysis was deemed necessary as the changes were considered to have minor impacts. The ACMA engaged in public consultation by publishing draft variations and explanatory papers on their website and placing an advertisement in a national newspaper, although no submissions were received in response to the consultation.
Key Provisions
The main operative sections of the Legislative Instruments Act 2003 (F2010L03236) involve the variation of the Licence Area Plan (LAP) for Riverland Television and Radio (section 2). This variation, referred to as "the instrument," was made under subsection 26(2) of the Broadcasting Services Act 1992 (BSA) and is designed to replace the existing analog commercial television channels in the Riverland LAP with digital channels as outlined in the Riverland Digital Channel Plan (DCP). The instrument comes into effect on 15 December 2010, which coincides with the end of the simulcast period for the Riverland TV1 licence area.
The Act imposes certain obligations and requirements on the Australian Communications and Media Authority (ACMA). These include the responsibility to prepare LAPs that determine the number and characteristics of broadcasting services available in particular areas of Australia, as per subsection 26(1) of the BSA. Furthermore, the ACMA is mandated to consult with relevant stakeholders, such as commercial television broadcasting licensees, and to invite public comment on proposed variations to the LAP, as demonstrated by the consultation process described in the explanatory statement.
The Act also outlines the potential consequences for non-compliance. While the explanatory statement does not specify any particular offences, penalties, or civil/criminal consequences for breaching the provisions of this instrument, it is reasonable to infer that any failure to adhere to the broadcasting services requirements as stipulated by the BSA could result in enforcement actions by the ACMA. These actions might include fines, sanctions, or other regulatory measures designed to ensure compliance with broadcasting regulations.
In summary, the instrument represents a significant change in the broadcasting landscape for the Riverland area, shifting from analog to digital transmission. It outlines the ACMA's role in managing this transition and includes a consultation process to gather feedback and ensure the smooth implementation of the new digital channels. While specific penalties for non-compliance are not detailed in the explanatory statement, the overarching regulatory framework of the BSA would likely apply to ensure adherence to the broadcasting standards set forth.