Licence Area Plan - Warragul Radio - Variation No. 1 of 2005

Administered by Department of Communications and the Arts

Legislation au F2005L00166 Not in force Legislative Instrument

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LEGISLATIVE INSTRUMENTS ACT 2003

Section 26 - Explanatory Statement

Variation to the licence area plan for Warragul Radio made under the Broadcasting Services Act 1992

On 27 January 2005, the Australian Broadcasting Authority (the ABA) made a variation to the licence area plan for Warragul 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 Warragul Radio on 6 December 2001. It is referred to in this explanatory paper as “the principal instrument”. 

Intended impact and effect

The instrument:

  • varies the characteristics of the technical specification with which services in the Warragul licence area (the licence area) must comply;
  • redefines the licence areas for commercial and community radio services in Warragul and the licence areas for the community radio services in the Latrobe Valley and Leongatha. 

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

  • rectify deficiencies in reception in the towns of Morwell and Traralgon of commercial radio service SL1150752 operating as 3SEA (the service); and
  • limit radio signal overspill by services in the Warragul licence area into the Sale licence area to acceptable limits.

In relation to licence areas for community and commercial 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

On 7 July 2003, the ABA received an unsolicited request from the licensee of the commercial radio service 3SEA for the ABA to vary the principal instrument in the manner set out in the instrument (apart from those provisions referring to the description of the relevant licence areas).

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

  • On 22 November 2004 the ABA published the following papers on its website:
  • a draft variation to the principal instrument in accordance with the licensee’s submission; and
  • an explanatory paper about the changes proposed in the draft variation, inviting public comment by 17 December 2004.
  • On 29 November 2004, the ABA placed an advertisement in the La Trobe Valley Express newspaper outlining the effect of the draft variations to the principal instrument, 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 and national broadcasting services within the licence Warragul licence area and in neighbouring licence areas and industry bodies including the Australian Competition and Consumer Commission, AirServices Australia, Community Broadcasting Association of Australia, Commercial Radio 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 proposal 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 include a reference to a new attachment 1.11 containing the technical specification for the new transmitter for the existing commercial radio service with the licence number SL1150752 for the Warrugal RA1 licence area.

Clause (1)(c) 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.

Clause (2) of the instrument varies schedule one of the principal instrument which sets out details of the national, commercial and open narrowcasting radio broadcasting services that are to be available on particular frequencies in the Warragul RA1 licence area, provides for a transmitter number for each transmitter to be used by each service and specifies the various attachments which contain the technical specifications for the transmitters for each of those services. 

The variation updates schedule one of the principal instrument to indicate the Warragul service is now licensed, to include an additional transmitter number for the commercial radio broadcasting service licence number SL1150752, to refer to attachment 1.11 as containing the technical specification for that transmitter and notes that the Leongatha open narrowcasting service is now licensed. The schedule is not changed in any other material way. 

Clause (3)(a) of the instrument inserts attachment 1.11 which contains the characteristics of the technical specification for the additional transmitter for the commercial radio broadcasting service with service licence number SL1150752, including

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

Clause 3(b) and (c) 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 was enacted to streamline and enhance the process of creating legislative instruments, which are rules or regulations that carry legal force. This Act was introduced by the Parliament of Australia to ensure that legislative instruments are made in a manner that is consistent with the law and that they are subject to appropriate oversight and review. The Act provides a framework for the making, publication, and review of legislative instruments, including requirements for consultation and scrutiny. The policy objective of this Act is to ensure that legislative instruments are made in a transparent, accountable, and efficient manner, while also protecting the rights of individuals and promoting the public interest. In 2005, the Australian Broadcasting Authority (ABA) made a variation to the licence area plan for Warragul Radio under section 26 of the Broadcasting Services Act 1992. The variation was intended to rectify deficiencies in reception in the towns of Morwell and Traralgon of commercial radio service SL1150752 operating as 3SEA, and to limit radio signal overspill into the Sale licence area to acceptable limits. The ABA also sought to redefine the licence areas for commercial and community radio services in Warragul and the Latrobe Valley and Leongatha in line with the Australian Bureau of Statistics’ most recent Census data. The variation was of a minor and machinery nature and did not substantially alter the boundaries of the existing licence areas. The ABA undertook extensive consultation with stakeholders before making the variation, including publishing a draft variation and explanatory paper on its website and placing an advertisement in a local newspaper. The ABA received one submission on the draft proposal and explanatory paper.

Scope and Application

The Legislative Instruments Act 2003, as applied in this instance through the variation to the licence area plan for Warragul Radio, primarily concerns the regulation and administration of broadcasting services in Australia. This act applies to the Australian Broadcasting Authority (ABA), now known as the Australian Communications and Media Authority (ACMA), and the broadcasters operating within the defined licence areas. The scope of the act extends to the technical specifications and service characteristics for broadcasting services, ensuring they comply with the standards set forth in the licence area plans. Geographically, this regulation applies within the specific licence area of Warragul and its neighbouring regions, such as Sale, Morwell, and Traralgon. The variation aims to rectify reception deficiencies and limit signal overspill while maintaining consistency with the Australian Bureau of Statistics’ Census data. There are no stated exclusions or exemptions in this particular variation, and it does not introduce any new thresholds but rather refines existing parameters. The ABA’s authority to vary these plans is further extended through subordinate instruments, allowing for adjustments to technical specifications and service definitions as needed.

Key Provisions

The Legislative Instruments Act 2003 (Section 26) details the variation to the licence area plan for Warragul Radio made under the Broadcasting Services Act 1992 (BSA). The variation was enacted on 27 January 2005 by the Australian Broadcasting Authority (ABA). This variation addresses the technical specifications and redefines the licence areas for commercial and community radio services in Warragul, the Latrobe Valley, and Leongatha. The original licence area plan for Warragul Radio was created on 6 December 2001. The purpose of this variation is to rectify deficiencies in reception in Morwell and Traralgon for the commercial radio service SL1150752 operating as 3SEA, and to limit radio signal overspill into the Sale licence area. The variation mandates that the technical specifications for services in the Warragul licence area be updated. This includes numbering each paragraph consecutively as clauses and referencing a new attachment containing the technical specification for the new transmitter for the commercial radio service with the licence number SL1150752. Additionally, the instrument updates Schedule One of the principal instrument to include an additional transmitter number for the commercial radio broadcasting service and notes that the Leongatha open narrowcasting service is now licensed. The descriptions of the relevant licence areas are also redefined using terms from the latest Australian Bureau of Statistics Census. The ABA imposed specific obligations on the parties involved. The ABA was required to consult with various stakeholders, including the licensee of the commercial radio service 3SEA, other licensees within the Warragul licence area and neighbouring areas, and industry bodies such as the Australian Competition and Consumer Commission and Commercial Radio Australia. Public consultation was conducted through the publication of draft variations and explanatory papers, advertisements in local newspapers, and invitations for public comment. The Act also outlines potential consequences for non-compliance. While the explanatory statement does not detail specific offences, penalties, or civil/criminal consequences for breach, the BSA generally provides for penalties for non-compliance with broadcasting regulations. These penalties can include fines and, in severe cases, the revocation of broadcasting licences. The maximum penalties under the BSA can vary depending on the severity of the breach, but they are designed to enforce compliance with broadcasting regulations effectively.

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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.