National Transmission Network Sale (Exemption from Restrictions on Transfer of Assets—Kelso) Notice 2017

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

Legislation au F2017L01597 In force Legislative Instrument

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EXPLANATORY STATEMENT

 

National Transmission Network Sale (Exemption from Restrictions on Transfer of Assets—Kelso) Notice 2017

Issued by the Authority of the Minister for Communications

 

National Transmission Network Sale Act 1998

The National Transmission Network Sale Act 1998 (‘the Act’) regulates the ownership and management of particular assets that were formerly part of the national transmission network. The network was privatised in 1998. 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, and particular community broadcasting services (collectively, the nominated customers).

Section 18 of the Act regulates the transfer of particular national transmission assets.

Subsection 18(1) of the Act provides that the Minister for Communications must give written approval to transfer an original asset or replacement asset before the time of transfer, otherwise the transfer will be of no effect.

An original asset is an asset transferred from the Commonwealth under section 9 of the Act through a Gazette notice made by the Finance Minister (Commonwealth Gazette No. S179 (29 April 1999)). Under section 3 of the Act, a replacement asset means an asset that is a replacement for an original asset; or an asset that replaces a replacement asset due to the previous application of the definition.

Subsection 18(2) of the Act further provides that the Minister must approve the transfer, unless he refuses approval in accordance with subsection 18(3) of the Act.

Subsection 18(3) provides that the Minister may refuse to approve a transfer on the following grounds:

(a)  the Minister has reason to believe that the transfer might jeopardise continued access by a nominated customer to a nominated service for a nominated purpose;

(b)  any other prescribed ground that relates to matters covered by paragraph 51(v) of the Constitution.

Subsection 18(5) of the Act provides that section 18 of the Act does not apply to an asset that the Minister exempts from the operation of this section.

The purpose of this instrument is to exempt a specified asset from the operation of section 18 of the Act, so that after a specified date the owner of the asset need not seek written approval from the Minister before transferring the asset.

The parcel of land situated at Greens Beach Road, Kelso, is configured as a single lot being Lot 2 on Plan 135047. This lot contains infrastructure that was previously used to broadcast ABC AM Local Radio services. Therefore, Lot 6908 was a regulated asset for the provision of a nominated service, and as such, its transfer is currently subject to Ministerial consent under section 18(1) of the Act. Ministerial consent has been provided to transfer assets at this location to a third-party.

Exemption of the Kelso site from the operation of section 18 of the Act will be granted from 8 December 2017 onward on the grounds that, following the cessation of the AM Local Radio nominated service on 13 April 2006, the site no longer provides a nominated service for a nominated customer. Future transfers of Lot 2 on Plan 135047 will therefore not require Ministerial approval.

Once made the instrument is subject to Parliamentary scrutiny and disallowance.

A statement of compatibility with human rights for the purposes of Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 is set out at Attachment 1.

Notes on Clauses

Clause 1 provides that the name of the Instrument is the National Transmission Network Sale (Exemption from Restrictions on Transfer of Assets—Kelso) Notice 2017

Clause 2 provides that the instrument will take effect on 8 December 2017.

Clause 3 provides that the instrument is made under subsection 18(6) of the Act.

Clause 4 is a definitions clause.

Clause 5 is the main operative clause.

Clause 5 provides that the asset comprising a lot of land located at Greens Beach Road, Kelso, Tasmania, will be exempt from the operation of section 18 of the Act. (The land is also identified by its Certificate of Title details). As a result the lot owner will no longer need to obtain the Minister’s written approval before transferring the asset.


Consultation

Broadcast Australia wrote to the Minister requesting an exemption from the operation of section 18 of the Act. Section 18 of the Act requires the Minister to approve a transfer of original assets or replacement assets under this Act for that transfer to have legal effect.

In considering this request the Minister took the ABC’s views into account. As the Kelso site is no longer used for the provision of a nominated service, the ABC raised no objection to exempting the site from the operation of section 18 of the Act.


Attachment 1: Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

National Transmission Network Sale (Exemption from Restrictions on Transfer of Assets—Kelso) Notice 2017

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.

Overview of the Disallowable Legislative Instrument

The purpose of the National Transmission Network Sale (Exemption from Restrictions on Transfer of Assets—Kelso) Notice 2017 is to exempt an asset in Kelso, Tasmania, from the operation of section 18 of the National Transmission Network Sale Act 1998 (Act), so that the owner of the asset need not seek written approval from the Minister before transferring the asset.

Human rights implications

This Declaration does not engage any of the applicable rights or freedoms.

Conclusion

This Declaration is compatible with human rights as it does not raise any human rights issues.

 

Overview

The National Transmission Network Sale (Exemption from Restrictions on Transfer of Assets—Kelso) Notice 2017 was issued under the authority of the Minister for Communications, pursuant to section 18(6) of the National Transmission Network Sale Act 1998. This Act was enacted to regulate the ownership and management of specific assets that were previously part of the national transmission network, which was privatised in 1998. The Act ensures these assets continue to provide essential services to nominated customers, including the Australian Broadcasting Corporation and community broadcasting services. Section 18 of the Act mandates that the Minister for Communications must approve the transfer of original or replacement assets to ensure continued access to nominated services. This Notice was introduced to exempt a particular asset in Kelso, Tasmania, from these restrictions, effective from 8 December 2017. The exemption was granted because the site, once used for broadcasting ABC AM Local Radio services, no longer provides a nominated service since the cessation of this service on 13 April 2006. As such, the asset no longer requires Ministerial approval for future transfers.

Scope and Application

The National Transmission Network Sale (Exemption from Restrictions on Transfer of Assets—Kelso) Notice 2017 operates under the National Transmission Network Sale Act 1998, which governs the ownership and management of specific assets formerly part of Australia's national transmission network. This Act applies to entities that own or manage these assets, including those that were privatised in 1998 and are used to provide analog transmission services to nominated customers such as the Australian Broadcasting Corporation and community broadcasting services. The Act applies nationally across Australia, and its provisions can be extended or restricted through subordinate instruments. The Notice specifically exempts the asset located at Greens Beach Road, Kelso, Tasmania, from the requirement under section 18 of the Act that the Minister for Communications must approve the transfer of an original or replacement asset before the transfer can take effect. This exemption applies from 8 December 2017 onwards, after which the owner of the asset will no longer need to obtain written approval from the Minister for Communications before transferring the asset. This exemption was granted due to the cessation of the AM Local Radio nominated service at the site on 13 April 2006, which means the asset no longer provides a nominated service for a nominated customer.

Key Provisions

The main operative sections of the National Transmission Network Sale (Exemption from Restrictions on Transfer of Assets—Kelso) Notice 2017 are Clauses 1 through 5. Clause 1 states the name of the instrument, Clause 2 specifies the date of effect as 8 December 2017, Clause 3 asserts the instrument’s authority under subsection 18(6) of the National Transmission Network Sale Act 1998, Clause 4 provides necessary definitions, and Clause 5 is the primary clause exempting a specific asset from the provisions of section 18 of the Act. This exemption means that the asset owner will no longer require the Minister’s written approval for any future transfers of the asset. The obligations and requirements imposed by the Act on the parties or entities it governs primarily centre around the transfer of assets under section 18. Under section 18(1), the Minister for Communications must provide written approval before a transfer of an original asset or replacement asset can take effect. However, the Notice exempts the specified asset at Kelso from this requirement, as per Clause 5. This means that once the exemption takes effect on 8 December 2017, the asset owner will be free to transfer the asset without seeking Ministerial approval. This exemption is predicated on the cessation of the nominated service, specifically ABC AM Local Radio, at the site, which occurred on 13 April 2006. The Act does not explicitly state any specific offences, penalties, or civil/criminal consequences for breach in relation to the exemption notice. However, the overarching Act does imply that any transfer of assets without the requisite Ministerial approval could be ineffective. This means that should the asset owner transfer the asset without following the required procedures, the transfer could be deemed null and void. It is important to note that the exemption applies only to the asset specified in the Notice and is effective from the date stated, 8 December 2017, meaning that transfers before this date would still require Ministerial approval. The Act ensures that the exemption is aligned with human rights as per the statement of compatibility provided in Attachment 1.

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Regulatory Standards
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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.