National Transmission Network Sale (Exemption from Restrictions on Transfer of Assets—Liverpool) Amendment Notice 2018

Administered by Department of Communications and the Arts

Legislation au F2018L01107 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

National Transmission Network Sale (Exemption from Restrictions on Transfer of Assets—Liverpool) Amendment Notice 2018

Issued by the Authority of the Minister for Communications

 

National Transmission Network Sale Act 1998

The purpose of this instrument is to amend the National Transmission Network Sale (Exemption from Restrictions on Transfer of Assets—Liverpool) Notice 2018 (the Notice) to correct a technical error.

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.

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 under an instrument made under subsection 18(6).

Subsection 33(3) of the Acts Interpretation Act 1901 provides that a power to make an instrument of a legislative character shall be construed as including a power, exercisable in the like manner and subject to the like conditions (if any), to repeal, rescind, revoke, amend, or vary any such instrument.

The Notice was made in April 2018 under subsection 18(6) of the Act. The Notice contains a technical error. The Notice exempted a parcel of land situated at Wonga Road, Prestons, New South Wales from the operation of section 18 of the Act.  Paragraph 5(a) of the Notice erroneously refers to ‘the land described as Lot 1 on Deposited Plan 740573 in Volume 740573 Folio 1’.  The correct manner in which to reference the parcel of land is ‘Folio Identifier: 1/740573 being Lot 1 in Deposited Plan 740573, County of Cumberland, Parish of St Luke’.

This instrument amends the Notice to correct the error by omitting ‘the land described as Lot 1 on Deposited Plan 740573 in Volume 740573 Folio 1’ and substituting ‘Folio Identifier: 1/740573 being Lot 1 in Deposited Plan 740573, County of Cumberland, Parish of St Luke’ in paragraph 5(a).

This instrument is a legislative instrument for the purposes of the Legislation Act 2003. 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.

Consultation

Before making the instrument, Broadcast Australia (the owner of the asset) was consulted in relation to the technical error in the Notice and the proposal to amend the Notice to correct the error.

Notes on Sections

Section 1 provides that the name of the instrument is the National Transmission Network Sale (Exemption from Restrictions on Transfer of Assets—Liverpool) Amendment Notice 2018.

Section 2 provides that the instrument will take effect on the day after it is registered.

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

Section 4 provides that the each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1

Item 1 of Schedule 1 amends paragraph 5(a) of the National Transmission Network Sale (Exemption from Restrictions on Transfer of Assets—Liverpool) Notice 2018 by omitting ‘the land described as Lot 1 on Deposited Plan 740573 in Volume 740573 Folio 1’ and substituting ‘Folio Identifier: 1/740573 being Lot 1 in Deposited Plan 740573, County of Cumberland, Parish of St Luke’.


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—Liverpool) Amendment Notice 2018

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—Liverpool) Amendment Notice 2018 is to amend the National Transmission Network Sale (Exemption from Restrictions on Transfer of Assets—Liverpool) Notice 2018 to correct a technical error.

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—Liverpool) Amendment Notice 2018 was introduced to amend the National Transmission Network Sale (Exemption from Restrictions on Transfer of Assets—Liverpool) Notice 2018, correcting a technical error in the reference to a parcel of land situated at Wonga Road, Prestons, New South Wales. This instrument is part of the broader regulatory framework established by the National Transmission Network Sale Act 1998, which governs the ownership and management of assets that were previously part of the national transmission network. Enacted by the Australian Parliament, the primary objective of this Act is to regulate the transfer of specific national transmission assets, ensuring that such transfers comply with ministerial approval requirements unless exempted by the Minister for Communications. This amendment notice ensures the accuracy and integrity of the legal documentation concerning asset transfers within the network, addressing a specific discrepancy to maintain the efficacy of the legislative intent.

Scope and Application

The National Transmission Network Sale (Exemption from Restrictions on Transfer of Assets—Liverpool) Amendment Notice 2018 amends the National Transmission Network Sale (Exemption from Restrictions on Transfer of Assets—Liverpool) Notice 2018 to correct a technical error in the reference of a parcel of land situated at Wonga Road, Prestons, New South Wales. The Act applies to the ownership and management of specific assets that were formerly part of the national transmission network, which was privatised in 1998. The assets in question are used to provide analog transmission services and incidental services to nominated customers, including the Australian Broadcasting Corporation, the Special Broadcasting Service Corporation, and certain community broadcasting services. The instrument is made under the National Transmission Network Sale Act 1998 and is subject to parliamentary scrutiny and disallowance. The amendment corrects a technical error in the referencing of the parcel of land and does not engage any of the applicable rights or freedoms, as stated in the Declaration of Compatibility with Human Rights.

Key Provisions

The National Transmission Network Sale (Exemption from Restrictions on Transfer of Assets—Liverpool) Amendment Notice 2018 (sections 1 to 4) is designed to correct a technical error in the National Transmission Network Sale (Exemption from Restrictions on Transfer of Assets—Liverpool) Notice 2018. Specifically, the amendment corrects the reference to a parcel of land in the Notice, replacing the erroneous description of the land with the correct legal identification (sections 3 and 4). This instrument is made under subsection 18(6) of the National Transmission Network Sale Act 1998, which governs the transfer of assets previously part of the national transmission network. The Act ensures that certain assets, used for providing analog transmission services and related services to nominated customers such as the Australian Broadcasting Corporation (ABC) and the Special Broadcasting Service Corporation, are managed and transferred in accordance with legislative requirements. The amendment ensures that the legal description of the asset in question is accurate, which is crucial for the proper administration and enforcement of the Act. The Act imposes several obligations on the parties involved in the transfer of assets. Firstly, the Minister for Communications must provide written approval for the transfer of original or replacement assets before the transfer occurs, unless the asset is exempted under an instrument made under subsection 18(6) of the Act (subsection 18(1)). Additionally, any instrument made under this subsection must comply with the legislative requirements set out in the Acts Interpretation Act 1901 (subsection 33(3)). Furthermore, entities such as Broadcast Australia, which owns the asset in question, must ensure that any references to assets in legal documents are accurate and comply with the legislative framework. This ensures that the transfer of assets is properly authorised and that the nominated customers receive the services they require without legal impediments. The Act also delineates the consequences of non-compliance. Any transfer of assets that does not comply with the requirements of the Act is deemed ineffective (subsection 18(1)). This means that the transfer will not be recognised by law, and any attempt to transfer an asset without the necessary approval or in contravention of the Act will be void. Additionally, while the Notice itself does not specify penalties for breaches, any contravention of the Act or its related instruments could potentially lead to legal action, fines, or other civil or criminal penalties as determined by the relevant courts or authorities. The specific penalties would be determined based on the nature and severity of the breach, in accordance with the broader legal framework governing such matters.

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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.