National Transmission Network (Declared Successor) Declaration No. 1 of 2012

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2012L02234 Not in force Legislative Instrument

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Explanatory Statement

 

National Transmission Network Sale Act 1998

 

National Transmission Network (Declared Successor) Declaration No. 1 of 2012

Issued by the authority of the Minister for Broadband, Communications and the Digital Economy

 

The National Transmission Network (Declared Successor) Declaration No. 1 of 2012 (the Declaration) is made by the Minister for Broadband, Communications and the Digital Economy (‘the Minister’) under subsection 22(1) of the National Transmission Network Sale Act 1998 (‘the Act’).

The purpose of the Declaration is to declare the Western Australian Planning Commission (‘WAPC’) to be a successor of the Commonwealth agencies which formerly owned the national transmission network asset (asset). As a result, the WAPC will be subject to a modified regulatory framework that safeguards important broadcasting policy objectives (in particular, access to transmission services and facilities).

The Declaration is a legislative instrument within the meaning of section 5 of the Legislative Instrument Act 2003.

The commencement of the legislative instrument is in accordance with paragraph 12 (1) (d) of the Legislative Instrument Act 2003 which provides that the instrument takes effect from the day after it is registered on the Federal Register of Legislative Instruments.

Background

The Act regulates the ownership and management of particular assets that were formerly part of the national transmission network (NTN). The NTN was privatised in 1999 when it was sold to ntl Australia Pty Ltd which is now Broadcast Australia (BA). Prior to it being privatised, the NTN was owned and operated by the National Transmission Agency (NTA).

The network is used to provide a range of analog transmission services and incidental services (nominated services) to the Australian Broadcasting Corporation (ABC), the Special Broadcasting Service Corporation (SBS), and particular community broadcasting services such as Radio for the Print Handicapped (RPH) (collectively, the nominated customers).

Part 3 of the Act applies an access regime, based on Part XIC of the Competition and Consumer Act 2010 (as in force immediately before the commencement of Division 1 of Part 2 of Schedule 1 to the Telecommunications Legislation Amendment (Competition and Consumer Safeguards) Act 2010) to carriage services supplied, and the provision of access to sites and towers, by the national transmission company (NTC), or its declared successor. The access regime ensures that the ABC, the SBS, and RPH services (among others) can continue to access those services and facilities that are essential to the provision of their broadcasting services.

A transfer of an asset originally used by the NTA or the replacement of such an asset is subject to the Minister’s consent (see section 18 of the Act).  The former Minister gave consent for BA to transfer such an asset to the WAPC on 9 July 2007. The asset concerned is land in the Perth suburb of Belmont on which an AM transmission mast for Radio 6RPH is located (Lot 235). Ownership of this asset was transferred to the WAPC on 24 October 2007 and is being leased back by BA, who will continue to operate the transmission facilities located on the land.

As a result of the Declaration, the WAPC would be immune to particular State and Territory laws to the extent that the land concerned is used to provide a protected activity. A ‘protected activity’ is defined in section 24 of the Act, and essentially refers to those classes of activities previously done by or on behalf of the Commonwealth in connection with the provision of broadcasting services prior to the commencement of the Act. The immunity conferred on the WAPC in relation to the asset by the Declaration applies to:

  • particular classes of State law listed in subsection 24(6) of the Act (e.g. environmental protection and planning laws); and
  • particular rules of common law, which would otherwise apply in relation to the asset (see subsection 24(4) of the Act).

Statement of Compatibility with Human Rights (prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011)

The purpose of the Declaration is to ensure that the obligations under the access regime in Part 3 of the Act and the benefits of the powers and immunities in Part 6 of the Act continue to apply to the new owner. These obligations are imposed, and benefits given, to reflect the public interest in the continued provision of transmission services for the purpose of providing national broadcasting services and certain other kinds of broadcasting services.

Therefore, this Declaration is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. This is because the Declaration does not engage any of the applicable rights or freedoms and does not raise any human rights issues.

Consultation

The WAPC has been consulted on the making of this Declaration and was informed before the sale that the Declaration would be made if the sale was completed.

Overview

The National Transmission Network Sale Act 1998 was enacted to regulate the ownership and management of assets that were formerly part of the national transmission network (NTN), which was privatised in 1999. The Act aims to ensure that essential broadcasting services continue to be accessible to key stakeholders such as the Australian Broadcasting Corporation (ABC), Special Broadcasting Service Corporation (SBS), and community broadcasting services like Radio for the Print Handicapped (RPH). By applying an access regime based on the Competition and Consumer Act 2010, the Act safeguards the provision of transmission services and facilities that are crucial for broadcasting. The National Transmission Network (Declared Successor) Declaration No. 1 of 2012, issued under the authority of the Minister for Broadband, Communications and the Digital Economy, designates the Western Australian Planning Commission as a successor to the Commonwealth agencies that previously owned the transmission network asset, subjecting it to a modified regulatory framework that upholds broadcasting policy objectives. The Declaration ensures the continued applicability of the Act’s obligations and benefits to the new owner, thereby maintaining the public interest in uninterrupted broadcasting services.

Scope and Application

The National Transmission Network (Declared Successor) Declaration No. 1 of 2012, issued under the authority of the Minister for Broadband, Communications and the Digital Economy, specifies the Western Australian Planning Commission (WAPC) as a successor to the Commonwealth agencies that previously owned the national transmission network asset. This designation subjects the WAPC to a modified regulatory framework designed to protect significant broadcasting policy objectives, particularly the continued access to transmission services and facilities. The Declaration ensures that the obligations and benefits stipulated in the National Transmission Network Sale Act 1998 continue to apply to the new owner, thereby maintaining the integrity of the broadcasting services provided by entities like the Australian Broadcasting Corporation, Special Broadcasting Service Corporation, and community broadcasting services such as Radio for the Print Handicapped. The Declaration also confers immunity on the WAPC regarding certain State and Territory laws and common law rules that would otherwise apply to the asset in question, ensuring the asset’s continued use for protected activities related to broadcasting services.

Key Provisions

The National Transmission Network (Declared Successor) Declaration No. 1 of 2012 (the Declaration) specifies the Western Australian Planning Commission (WAPC) as the successor of the Commonwealth agencies that previously owned the national transmission network asset. This successor status is crucial because it subjects the WAPC to a modified regulatory framework that ensures the continued access to transmission services and facilities, which are essential for broadcasting services such as those provided by the Australian Broadcasting Corporation (ABC), the Special Broadcasting Service Corporation (SBS), and community broadcasting services like Radio for the Print Handicapped (RPH) (section 22(1)). This regulatory framework is designed to protect the broadcasting policy objectives that were previously overseen by the Commonwealth. The obligations imposed by the Act on the WAPC and other relevant parties include adherence to the modified regulatory framework that governs the use of the transmission network asset. Specifically, the WAPC must ensure that the asset is used in a manner that continues to provide the essential services to the nominated customers. This involves maintaining the transmission facilities and ensuring that the asset is not transferred or replaced without the consent of the Minister, as stipulated in section 18. The WAPC must also comply with the access regime outlined in Part 3 of the Act, which is based on the Competition and Consumer Act 2010 and ensures that the nominated customers can access the necessary transmission services. Breach of the obligations under the Act can result in significant consequences. While the Act does not explicitly detail the offences or penalties for non-compliance, the framework implies that failure to adhere to the regulatory requirements could lead to legal actions or administrative penalties. For instance, if the WAPC were to transfer or replace the asset without the required consent, it could face enforcement actions from the Minister. Additionally, the immunity provided to the WAPC under the Declaration may be revoked if it fails to comply with the stipulated conditions, potentially exposing the WAPC to state and territory laws that it would otherwise be exempt from. The precise penalties for such breaches are not specified in the Act, but they could involve legal penalties or loss of immunity, thereby impacting the WAPC's operations and obligations.

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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.