Licence Area Plans – Omnibus Variation 2010

Administered by Department of Communications and the Arts

Legislation au F2011L00012 Not in force Legislative Instrument

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Explanatory Statement

Section 26 – Legislative Instruments Act 2003

Licence Area Plans Omnibus Variation 2010

 

December  2010

 

 

 

 


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Legislative Instruments Act 2003

Section 26 – Explanatory Statement Licence Area Plans - Omnibus Variation 2010

 

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 ACMA has made the Licence Area Plans – Omnibus Variation 2010 (the Instrument) which varies the following licence area plans (collectively, the seven LAPs) in accordance with subsection 26(2) of the Broadcasting Services Act 1992 (the BSA):

  • Licence Area Plan for Sydney Analog Television
  • Licence Area Plan for Brisbane Analog Television
  • Licence Area Plan for Adelaide Analog Television
  • Licence Area Plan for Northern NSW Analog Television
  • Licence Area Plan for Southern NSW Analog Television
  • Licence Area Plan for Regional Queensland Analog Television
  • Licence Area Plan for Remote Central & Eastern Australia Television

  

The LAPs 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.

 

Intended impact and effect

The instrument varies the seven LAPs by way of variation to the relevant licence areas to include additional collection district (CD) census data. The boundaries of some of the licence areas will undergo some minor changes.

The intended effect of this variation is to update the relevant licence areas covered by the LAPs with CD data as defined by the Australian Bureau of Statistics, at the Census of August 2001.  There are no implications for licensees in adjacent licence areas.

 

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: 2010/12080

 

Consultation and submissions

Before making the decision to vary the LAPs, the ACMA undertook the following consultation:

On 30 September 2010, the ACMA published the following papers on its website:

  • Draft instruments of variation for each of the seven LAPs; and
  • Explanatory papers about the changes proposed in the draft variation instruments for each LAP.

The ACMA invited public comment by 17 October 2010.

On 1 October 2010, the ACMA wrote to the licensees providing commercial television broadcasting services in the each licence area covered by the seven LAPs to advise them of the release of the draft variations to the LAP that included their licence, and inviting comments.

On 6 October 2010, the Gazette published the ACMA advertisement, outlining the proposed draft variations to the LAPs, providing details of how to obtain copies of the draft variation instruments and how to access it on the ACMA’s website, and inviting public comments.

The ACMA received no submissions on the proposed variations to any of the seven LAPs or the accompanying explanatory papers.

 

Description of the provisions of the instrument

Clause 1 – Name of Variation

Clause 1 names the variation instrument the Licence Area Plans – Omnibus Variation 2010.

 

Clause 2 Commencement

Clause 2 provides that the instrument commences on the day after it is registered.

 

Clause 3 Variation

Clause 3 provides that each licence area plan specified in Schedule 1 is amended in the manner set out in the applicable item.

 

Schedule 1 Variation to Licence Area Plans

Items [1] to [7] of Schedule 1 amend seven licence area plans by inserting collection district numbers into the LAPs where required.

 

Overview

The Legislative Instruments Act 2003 was enacted to provide a framework for the creation, amendment, and repeal of legislative instruments, ensuring transparency and accountability in the legislative process. This Act facilitates the efficient and effective regulation by enabling the Australian Communications and Media Authority (ACMA) to modify certain broadcasting-related plans without the need for new primary legislation. In this context, the Licence Area Plans – Omnibus Variation 2010 was introduced to update and refine the technical specifications and characteristics of broadcasting services available in designated areas of Australia. The ACMA, exercising its powers under the Broadcasting Services Act 1992, implemented this omnibus variation to incorporate updated collection district census data, ensuring that the licence area plans reflect the most current demographic information as defined by the Australian Bureau of Statistics at the August 2001 Census. This legislative instrument was designed to maintain the accuracy and relevance of broadcasting services in various regions, without imposing any additional burdens on licensees in adjacent areas.

Scope and Application

The Licence Area Plans – Omnibus Variation 2010 is a legislative instrument made under the Broadcasting Services Act 1992 by the Australian Communications and Media Authority (ACMA). It applies to the seven specified licence area plans for analog television in various regions across Australia, including Sydney, Brisbane, Adelaide, Northern NSW, Southern NSW, Regional Queensland, and Remote Central & Eastern Australia. This variation instrument updates the relevant licence areas with additional collection district census data as defined by the Australian Bureau of Statistics from the 2001 Census. The minor changes to the boundaries of some licence areas are intended to enhance the accuracy and relevance of the data used for broadcasting services. There are no implications for licensees in adjacent licence areas. The instrument comes into effect on the day after it is registered, and it amends the specified licence area plans by inserting collection district numbers as set out in Schedule 1. The ACMA undertook public consultation before making the decision to vary the LAPs, but no submissions were received. The instrument extends the application of the LAPs by incorporating updated census data, thereby ensuring that the broadcasting services remain aligned with demographic changes in the specified regions.

Key Provisions

The Licence Area Plans – Omnibus Variation 2010 amends seven existing Licence Area Plans (LAPs) under the Broadcasting Services Act 1992 (BSA) (sections 26(1) and (2)). These LAPs pertain to analog television broadcasting services in various regions, including Sydney, Brisbane, Adelaide, Northern NSW, Southern NSW, Regional Queensland, and Remote Central & Eastern Australia. The variation involves the integration of additional collection district census data from the 2001 Australian Bureau of Statistics census into these plans. Furthermore, some minor adjustments to the boundaries of the licence areas are made to reflect these changes. The variation imposes specific obligations on the Australian Communications and Media Authority (ACMA). It mandates that the ACMA update the specified LAPs with the latest collection district census data as per the 2001 census. This ensures that the broadcasting services are correctly allocated according to the most recent demographic information. Additionally, the ACMA is required to implement the changes to the licence area boundaries as outlined in the variation. There are no specific offences, penalties, or civil/criminal consequences outlined for breaches of the Licence Area Plans – Omnibus Variation 2010. However, non-compliance with the updated LAPs could potentially lead to regulatory actions by the ACMA, such as fines or other enforcement measures under the BSA. The penalties for such regulatory breaches would be determined based on the specific provisions of the BSA and any relevant guidelines or precedents set by the ACMA.

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Media & Entertainment Law
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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.