Licence Area Plan - Sydney Analog Television - Variation - No 1 of 2005 - February 2005

Administered by Department of Communications and the Arts

Legislation au F2005L00347 Not in force Legislative Instrument

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LEGISLATIVE INSTRUMENTS ACT 2003

Section 26 - Explanatory Statement

Variation to the licence area plan for Sydney analog television 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 Sydney analog television. 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 Sydney analog television on 21 November 2002. It is referred to in this explanatory paper as “the principal instrument”. 

Intended impact and effect

The instrument varies the technical specification with which the community television service in the Sydney television licence area (the licence area) must comply, by:

  • increasing the maximum broadcasting power;
  • specifying a different nominal transmitter site;
  • increasing the maximum antenna height; and
  • adding a special condition relating to minimum level of service requirements.

In relation to the Sydney community television service with SL1150807 (the service), the ABA intends the effect of the variation to be:

  • provision of a service with a stronger signal, that is able to be better received in the licence area than it otherwise would have been.  

Consultation

On 14 December 2004, the ABA received an unsolicited request from the licensee of the service to vary the principal instrument to increase the power with which the service may operate.

Before making its decision to vary the principal instrument, the ABA undertook the following steps by way of consultation:

  • On 28 January 2005, the ABA published the following papers on its website:
  • a draft variation to the principal instrument, proposing to increase the maximum effective radiated power of the service; and
  • an explanatory paper about the changes proposed in the draft variation, inviting public comment by 11 February 2005.
  • On 2 February 2005, the ABA placed an advertisement in the Sydney Morning Herald newspaper outlining the effect of the draft variation on the principal instrument, providing details of how to obtain copies of the draft variation and how to access it on the ABA’s website, and inviting public comment.
  • The ABA wrote to licensees of commercial and national broadcasting services within the Sydney television licence area (Sydney TV1) and Sydney radio licence area (Sydney RA1), and industry bodies including the Community Broadcasting Association of Australia, Free TV Australia, the Australian Subscription Television and Radio Association and Commercial Radio Australia, as well as Broadcast Australia, Digital Broadcasting Australia, AirServices Australia and the Australian Communications Authority, to advise them of the release of the draft variation and explanatory paper and to invite their comments.

The ABA received one submission on the 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 principal instrument to number each of the paragraphs in the determination consecutively as clauses.

Clause (1)(b) of the instrument varies the text of the determination in the principal instrument 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.

Clauses (2)(a) and (b) of the instrument vary the text on page 4 describing the first schedule to the principal instrument, to clarify that it is Schedule One that is being referred to.

Clauses (2)(c) and (d) of the instrument vary the text of the second dot point on page 4 of the principal instrument, to make it clear that the entries in column two of Schedule One are callsigns.

Clause (3) of the instrument varies Schedule One of the principal instrument, which sets out some details of the service, including its channel, its service licence number, the transmitter specification number for the service’s transmitter, and specifies the attachment which contains the technical specification for the transmitter for the service. The variation updates Schedule One to remove a reference to a footnote (and the footnote), to state explicitly that no callsign has yet been assigned to the service, and to indicate that the service is now licensed. The schedule is not changed in any other material way.

Clauses 4(a) and (b) of the instrument replace attachment 6.1 to the principal instrument, which contains the technical specification for the transmitter for the service, including:

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

The replacement attachment 6.1 includes a new (increased) power limit for the service, a new nominal location for the transmitter, an increase in the maximum antenna height and a special condition that the minimum service requirements do not apply to the service.

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Overview

The Legislative Instruments Act 2003, enacted in 2003, provides a framework for the creation and management of legislative instruments in Australia, aiming to ensure transparency and accountability in the legislative process. This Act empowers designated authorities to make legislative instruments, which are subordinate laws that give effect to Acts of Parliament, without the need for each such instrument to be passed by Parliament. The purpose of the Act is to streamline the legislative process and facilitate the efficient administration of government while maintaining the integrity of the legislative framework. In February 2005, the Australian Broadcasting Authority (ABA) introduced a variation to the licence area plan for Sydney analog television under section 26(2) of the Broadcasting Services Act 1992. This legislative instrument aimed to enhance the technical specifications for community television services in Sydney, including increasing broadcasting power, altering the transmitter site, raising the maximum antenna height, and imposing a special condition regarding minimum service requirements. The primary policy objective of this variation was to improve the reception quality of the Sydney community television service, thereby providing a stronger signal and better service within the licence area. The ABA engaged in extensive consultation with relevant stakeholders, including licensees and industry bodies, to gather input and feedback on the proposed changes before finalizing the variation.

Scope and Application

The Legislative Instruments Act 2003, specifically Section 26, provides the legislative framework under which the Australian Broadcasting Authority (ABA) can make variations to the licence area plans for broadcasting services, such as the Sydney analog television. This Act applies to the ABA and the entities it regulates, which include broadcasters operating within Australia's broadcasting services bands. The geographic reach of this Act is national, as it governs the technical specifications and operational parameters of broadcasting services across various licence areas in Australia. The Act does not specify exclusions or exemptions explicitly but operates under the premise that broadcasting services must adhere to the determined technical specifications and any subsequent variations as prescribed by the ABA. The application and reach of the Act can be extended or restricted through subordinate instruments, which allow for detailed specifications and conditions to be applied to individual broadcasting services. The Act’s purpose is to ensure that broadcasting services comply with the technical requirements set forth in the licence area plans, thereby maintaining the quality and availability of broadcasting services in Australia.

Key Provisions

The main operative sections of the Legislative Instruments Act 2003, in the context of this particular instrument, involve variations to the licence area plan for Sydney analog television (section 26). This instrument, made by the Australian Broadcasting Authority (ABA) under section 26(2) of the Broadcasting Services Act 1992, modifies the technical specifications for the Sydney community television service, including the maximum broadcasting power, the transmitter site, antenna height, and the introduction of a special condition relating to minimum service requirements (clauses 1-4). These changes aim to provide a service with a stronger signal that can be better received across the Sydney television licence area. The Act imposes several obligations on the parties governed by it. The ABA is required to prepare licence area plans under section 26(1) of the BSA, which determine the technical specifications for broadcasting services. Under section 26(2), the ABA can vary these plans to ensure optimal broadcasting conditions. The licensee of the affected service must comply with the updated technical specifications, including the increased power limit and new transmitter site, as specified in the variation. Additionally, the ABA must undertake a consultation process, including public notices and submissions from relevant industry bodies, before making any variations to the licence area plans. The instrument does not explicitly outline specific offences, penalties, or consequences for breaches. However, non-compliance with the variations to the licence area plan could potentially lead to regulatory action under the Broadcasting Services Act 1992. Such actions might include administrative penalties, service suspensions, or licence revocations, depending on the severity and nature of the breach. The precise penalties for these actions would be determined in accordance with the BSA and would need to be referred to for detailed information on the potential sanctions.

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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.