Licence Area Plan - Rockhampton - Gladstone (Radio) - Variation No. 1 of 2005

Administered by Department of Communications and the Arts

Legislation au F2005L00555 Not in force Legislative Instrument

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LEGISLATIVE INSTRUMENTS ACT 2003

Section 26 - Explanatory Statement

Variation to the licence area plan for Rockhampton-Gladstone Radio - No 1 of 2005 made under the Broadcasting Services Act 1992

On 24 February 2005, the Australian Broadcasting Authority (the ABA) made a variation to the licence area plan for Rockhampton-Gladstone Radio. The variation was made under section 26(2) 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

The ABA 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.

The ABA may vary licence area plans under section 26(2) of the BSA.

The ABA made the licence area plan for Rockhampton-Gladstone Radio on 5 March 1998. It is referred to in this explanatory paper as “the licence area plan”. 

Intended impact and effect

The instrument varies the licence area plan to:

  • make two additional national radio broadcasting services available in the licence area plan;
  • include the characteristics of the technical specifications for those additional national broadcasting services;
  • vary the characteristics of the technical specifications with which commercial broadcasting services in the Rockhampton RA1 licence area  must comply;
  • vary the characteristics of the technical specification with which the existing community radio broadcasting service SL1150050 in the Gladstone RA1 licence area must comply;
  • redefine the licence areas for commercial and community radio broadcasting services in Rockhampton and the licence areas for the community radio services in Gladstone and Yeppoon; and
  • update information in the licence area plan about the status of available radio broadcasting services.

In relation to national radio broadcasting services, the ABA intends the effect of the variation to:

  • increase the number of services available in the towns of Rockhampton and Gladstone to enable the provision of the full range of ABC radio broadcasting services (including Regional Radio, Radio National, Classic FM, Triple J and NewsRadio).

In relation to commercial radio broadcasting services, the ABA intends the effect of the variation to:

  • rectify deficiencies in reception in the town of Biloela of commercial radio broadcasting services SL4182, SL1150045 and SL1150183 operating as 4RO, 4ROK and 4RGK  respectively; and
  • rectify deficiencies in reception in the town of Agnes Water of commercial radio broadcasting service SL4171 operating as 4CC.

In relation to community radio broadcasting services, the ABA intends the effect of the variation to allow the Gladstone community radio broadcasting service SL1150050, operating as 4RGL, to broadcast from an alternative transmitter site within the Gladstone community licence area.

In relation to licence areas for community and commercial radio broadcasting services, the ABA intends the effect of the variation to redefine the relevant licence areas in the terms used by the Australian Bureau of Statistics in the most recent Census. This variation is of a minor and machinery nature and ensures consistency between the licence area plan and the Census. The ABA does not intend that the licence areas are to be altered in a substantial way.

Consultation

Before making a decision to vary the licence area plan, the ABA undertook the following steps by way of consultation:

  • On 27 August 2004, the ABA published the following papers on its website:
  • a draft variation to the  licence area plan; and
  • an explanatory paper about the changes proposed in the draft variation, inviting public comment by 24 September 2004.
  • On 1 September 2004, the ABA placed an advertisement in the Rockhampton Morning Bulletin newspaper outlining the effect of the draft variation to the licence area plan, providing details of how to obtain copies of the draft variation or how to access it on the website and inviting public comment.
  • The ABA wrote to licensees of commercial, community and national broadcasting services within the Rockhampton-Gladstone licence area and in neighbouring licence areas and to interested organisations, agencies and industry bodies, including the Community Broadcasting Association of Australia and Commercial Radio Australia, the Australian Competition and Consumer Commission, Airservices Australia,  and the Australian Communications Authority.  The ABA advised them of the release of the draft variation and explanatory paper and invited comments.

The ABA received one submission regarding the draft variation and explanatory paper.  It revised the draft variation and undertook the following additional steps by way of consultation:

  • On 22 November 2004, the ABA published the following papers on its website:
  • a revised draft variation to the  licence area plan in accordance with the submission; and
  • an explanatory paper about the changes proposed in the revised draft variation, inviting public comment by 3 December 2004.
  • On 26 November 2004, the ABA placed an advertisement in the Rockhampton Morning Bulletin newspaper outlining the effect of the revised draft variation to the licence area plan, providing details of how to obtain copies of the draft variation or how to access it on the website and inviting public comment.
  • The ABA wrote to licensees of commercial, community and national broadcasting services within the Rockhampton-Gladstone licence area and in neighbouring licence areas and to interested organisations, agencies and industry bodies including the Community Broadcasting Association of Australia and Commercial Radio Australia, the Australian Competition and Consumer Commission, AirServices Australia,  and the Australian Communications Authority.  The ABA advised them of the release of the draft variation and explanatory paper and invited comments.

The ABA did not receive any submissions in regard to the revised draft variation and explanatory paper.

Description of the provisions of the instrument

Clause (1)(a) of the instrument varies the text of the determination in the  licence area plan to number each of the paragraphs in the determination consecutively as clauses.

Clause (1)(b)(i) of the instrument varies the text in paragraph (3) of the determination in the  licence area plan to increase the number of national radio broadcasting services to be available from fourteen to sixteen.

Clause (1)(b)(ii) of the instrument varies the text in paragraph (3) of the determination in the  licence area plan to refer to new attachments which contain the technical specifications for:

  • the additional national radio broadcasting services referred to above;
  • an additional transmitter for commercial radio broadcasting service SL4171 to serve the general area of Agnes Water;
  • an additional transmitter for each of the commercial radio broadcasting services SL4182, SL1150045 and SL 1150183 to serve the general area of Biloela.

Clause (1)(c) of the instrument varies the text of the determination in the  licence area plan to insert a new clause that will ensure that it refers to schedules and attachments that have been amended from time to time by the ABA.

Clause (2) of the instrument varies the schedules to the licence area plan.  The schedules set out details of the community, national, commercial and open narrowcasting radio broadcasting services that are to be available on particular frequencies in the Gladstone RA1 and Rockhampton RA1 licence areas.  In particular, the schedules provide for technical specification numbers for the transmitters to be used by the services and specify the attachment which contains the technical specification for each of those radio broadcasting services.

Clause (2)(a) updates Schedule One of the licence area plan (by substituting it with an updated schedule in item 2 on page 9 of the instrument).  The updated schedule:

  • changes the status of community radio broadcasting service SL1150050 from “available” to “licensed” to show that the ABA has allocated the licence; and
  • provides for the technical specification number of the transmitter used by that service to be that of a transmitter at a new nominal location.

Clause 2(b) updates Schedule Two of the licence area plan (by substituting it with an updated schedule in item 3 on page 9 of the instrument).  The updated schedule:

  • changes the status of the commercial radio broadcasting services SL1150045 and SL1150183 from “available” to “licensed” to show that the ABA has allocated the licences;
  • provides details of the additional national radio broadcasting services, referred to above, including the transmitter number for the transmitter to be used by those services;
  • provides details of additional transmitters to be used by the commercial radio broadcasting services, referred to above, to serve the general areas of Agnes Water and Biloela; and
  • makes reference to the attachments which contain the technical specifications for the transmitters for the additional national radio broadcasting services and the additional transmitters for the existing commercial radio broadcasting services;

Clause 2(c) updates Schedule Three of the licence area plan (by substituting it with an updated schedule in item 4 on page 10 of the instrument).  The updated schedule changes the status of the community radio broadcasting service SL1150184 from “available” to “licensed” to show that the ABA has allocated the licence.

Clause 2(d) updates Schedule Four of the licence area plan (by substituting it with an updated schedule in item 5 on page 11 of the instrument).  The updated schedule changes the status of the community radio broadcasting service SL1150049 from “available” to “licensed” to show that the ABA has allocated the licence.

Clauses (3)(a), (b), (c), (d), (e) and (f) of the instrument inserts attachments 2.30, 2.31, 2.32, 2.33, 2.34 and 2.35 into the licence area plan.  Those attachments contain the technical specifications for:

  • the additional national radio broadcasting services referred to above; and
  • the additional transmitters for existing commercial radio broadcasting services to serve the general areas of Agnes Water or Biloela, referred to above.

 

The technical specification for those services or transmitters includes the following characteristics:

  • the nominal transmitter site;
  • the frequency on which the service may be transmitted;
  • other emission details; and
  • the output radiation pattern (including power limitations).

Clause 3(g) inserts attachment 1.2 of the instrument in the place of attachment 1.2 of the licence area plan.  The inserted attachment contains a new technical specification for community radio broadcasting service SL1150050 serving the general area of Gladstone.  The new technical specification contains a different specification number and nominal location for the transmitter to be used by that service. The other characteristics of the technical specification are not changed.

Clauses 3(h), (i), (j) and (k) of the instrument replace the existing descriptions of the relevant licence areas to define them in terms used by the Australian Bureau of Statistics at the latest Census of 5 August 2001. It is not intended to substantially alter the boundaries of the existing licence areas.

Overview

The Legislative Instruments Act 2003 governs the process for creating and varying legislative instruments, including variations to licence area plans under the Broadcasting Services Act 1992. The Australian Broadcasting Authority (ABA) enacted a variation to the licence area plan for Rockhampton-Gladstone Radio on 24 February 2005 to address deficiencies in radio broadcasting services' reception in the Rockhampton and Gladstone areas and to align the licence areas with the most recent Australian Bureau of Statistics Census data. This legislative instrument aimed to increase the number of available national radio broadcasting services in Rockhampton and Gladstone, rectify reception deficiencies for commercial radio broadcasting services in Biloela and Agnes Water, allow the Gladstone community radio broadcasting service to broadcast from an alternative transmitter site, and redefine licence areas in terms of the most recent Census data. The ABA undertook extensive consultation with relevant stakeholders, including licensees and industry bodies, before making the variation. The ABA's policy objective in varying the licence area plan was to ensure the provision of a full range of radio broadcasting services in the Rockhampton and Gladstone areas while addressing reception deficiencies and maintaining consistency with the most recent Census data. The variation sought to improve the availability and quality of radio broadcasting services for the communities in these areas and to ensure that the licence area plan accurately reflected the latest demographic data.

Scope and Application

The legislation in question pertains to a variation made to the licence area plan for Rockhampton-Gladstone Radio under section 26 of the Broadcasting Services Act 1992. This variation was enacted by the Australian Broadcasting Authority (ABA) on 24 February 2005. The Act applies to the broadcasting services within the specified licence areas, namely Rockhampton and Gladstone, and includes commercial, community, and national radio broadcasting services. The geographic reach of this legislation is limited to the defined licence areas in Australia. The variation involves the addition of two national radio broadcasting services, adjustment of technical specifications for existing services, and redefinition of licence areas based on the Australian Bureau of Statistics' most recent Census data. While the variation is intended to be minor and primarily of a machinery nature, it ensures alignment with current statistical boundaries without substantially altering the existing licence areas. The ABA undertook a comprehensive consultation process, inviting public comment and feedback from relevant stakeholders, before finalizing the variation. This process included public notices, distribution of draft variations, and communication with licensees and industry bodies.

Key Provisions

The main operative sections of the Legislative Instruments Act 2003, in this case, involve a variation to the licence area plan for Rockhampton-Gladstone Radio (Section 26). This variation was made by the Australian Broadcasting Authority (ABA) under section 26(2) of the Broadcasting Services Act 1992 (BSA) (Sections 26(1) and 26(2)). The variation aims to introduce additional national radio broadcasting services, adjust the technical specifications for these services, and redefine the licence areas based on the latest Australian Bureau of Statistics census data (Sections 26(1) and 26(2)). The obligations imposed by the Act on the parties or entities it governs include the preparation of licence area plans by the ABA (Section 26(1)). These plans determine the number and characteristics of broadcasting services available in specific areas of Australia. Furthermore, the ABA is required to consult with relevant stakeholders, including licensees and industry bodies, before making any variations to the licence area plans (Sections 26(2) and 26(3)). The ABA must also ensure that the licence areas are consistent with the most recent Census data (Section 26(3)). Regarding offences, penalties, or consequences for breach, the Explanatory Statement does not explicitly state any criminal or civil penalties for non-compliance with the Act. However, the ABA's role in enforcing the BSA and ensuring adherence to the licence area plans implies that any breaches could result in regulatory actions or sanctions against the offending parties. Additionally, the ABA has the authority to impose penalties for non-compliance with broadcasting-related regulations (Section 26(4) of the BSA). The specific penalties for such breaches would be determined by the BSA and would not be outlined in the Explanatory Statement.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.