Norfolk Island Broadcasting Regulations 2002 (NI)

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

Legislation au C2015Q00311 In force Continued Law

Legislation content

 

NORFOLK  ISLAND

 

Norfolk Island Broadcasting Regulations 2002

No. 3, 2002

Compilation No. 1

Compilation date:  18 June 2015

Includes amendments up to: Norfolk Island Continued Laws Amendment Ordinance 2015
(No. 2, 2015)

Prepared Date: 14 September 2015

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

NORFOLK  ISLAND

 

 

NORFOLK ISLAND BROADCASTING REGULATIONS 2002

 

TABLE OF PROVISIONS

 

 1. Short title

 2. Commencement

3.                   Interpretation

4.                   Prescribed manner and form of application

 Schedule 1

 Schedule 2

 

 

 

NORFOLK  ISLAND

 

Norfolk Island Broadcasting Regulations 2002

_______________________________________________________________________

 

Short title

 1. These Regulations may be cited as the Norfolk Island Broadcasting Regulations 2002.

Commencement

 2. These Regulations shall commence on the day on which notification of their being made is published in the Gazette.

Interpretation

 3. In these Regulations “the Act” means the Norfolk Island Broadcasting Act 2001.

Prescribed manner and form of application

 4. For the purposes of subsection 13(1) of the Act, an applicant for a licence shall apply for a licence as prescribed by Form 1 in Schedule 1.

Form of licence

 5. For the purpose of sections 10, 11 and 13 of the Norfolk Island Broadcasting Act 2001, the prescribed form of licence to be issued by the Minister is that in Form 2 of Schedule 1.

 Prescribed fee

 6. The fees prescribed for the purposes of section 13(4) of the Norfolk Island Broadcasting Act 2001 are set out in Schedule 2.

 


________

SCHEDULE 1

Form 1

Administration of Norfolk Island

Norfolk Island Broadcasting Act 2001

Licence Application Form

Regulation 4

TYPE OF LICENCE REQUIRED:

 

RADIO:

 

TELEVISION:

 

NAME OF APPLICANT:

 

RESIDENT STATUS OF APPLICANT:

 

ADDRESS OF APPLICANT OR THE APPLICANT’S COMPANY:

 

 

HAS THE APPLICANT PREVIOUSLY OPERATED A RADIO OR TV STATION IN NORFOLK ISLAND OR ELSEWHERE?

(give full details of the applicant’s role in operating the station, its location, the number of employees at the station, its target audience, the type of material broadcast)

 

 

TARGET AUDIENCE (e.g. under 20s/over 30s/50 plus, gender, ethnic background):

 

 

WHAT TYPE OF MATERIAL WILL BE BROADCAST?

(attach an example of one month’s programming, which should include a summary of each program and their airtime)

WHERE WILL THE STATION OPERATE FROM?

 

 

PLEASE ADD ANY OTHER INFORMATION YOU CONSIDER IS RELEVANT TO THIS APPLICATION:

______________________________________________________________

 


Form 2

Administration of Norfolk Island

Norfolk Island Broadcasting Act 2001

Form of Licence

Regulation 5

I,

In accordance with the Norfolk Island Broadcasting Act 2001, issue a broadcasting licence as follows―

 

  1. To .....................................................................................................[name of licensee]
  2. For the purpose of ...........................................................[nature of approved broadcast]
  3. Within the frequency range ..................................................[state broadcast frequency]
  4. That it be conducted from premises at ..................................................................………………………………....
  5. The licence is for a service to provide.......……...........................................

    [state nature of service and broad description of content]

6.      The term of the licence is ..................................................[state period – 3 years or less]

7.      The conditions attached to this licence are―

(a) in addition to the statutory conditions applicable to all licensees;

(b) that the broadcast signal be at a strength sufficient for reception only within the territorial boundaries of Norfolk Island and that it must not interfere with the reception of any radio or television signals from other sources;

(c) ........................................................................[add any special conditions]

 

 This licence takes effect upon payment of the prescribed fee.

 

 

Dated                          

 

.....................................................

[name and signature of Minister]

Fee paid

Finance Department

 

.................................

[Insert date and stamp]

Note: Breach of the conditions of a Broadcasting Licence may lead to the imposition of a penalty of up to 20 penalty units (section 13(6) of the Act), or suspension or cancellation of the licence (section 13(7) of the Act).


SCHEDULE 2

Fees

Regulation 6

 Item             Subject                  Number of Fee Units

 

 1.  For lodging an application for a

   Broadcasting Licence

 

   (a) Radio

    (i) open    23

    (ii) limited    23

   (b) Television

    (i) open    23

    (ii) limited    23

 

 2.  Annual renewal fee for a Broadcasting

   Licence

 

   (a) Radio

    (i) open    23

    (ii) limited    23

   (b) Television

    (i) open    23

    (ii) limited    23

 


NOTES

The Norfolk Island Broadcasting Regulations 2002 as shown in this consolidation comprises Regulations No. 3 of 2002 and amendments as indicated in the Tables below.

Enactment

Number and year

Date of commencement

Application saving or transitional provision

Norfolk Island Broadcasting Authority (Licence Application) Regulations 2002

 3, 2002

10.05.02

 

 

 

 

 

Norfolk Island Broadcasting (Amendment) Regulations 2009  [NB – this Regulation changed the name of the principal Regulations]

5, 2009

19.06.09

 

 

 

 

 

[Previously consolidated as at 20 June 2009]

 

 

 

 

Interpretation (Amendment) Act 2012

[to substitute throughout —Commonwealth Minister for Minister; and to substitute Minister for executive member]

14, 2012

28.12.12

 

[Previously consolidated as at 26 March 2013]

 

 

Ordinance

FRLI registration

Commencement

Application, saving and transitional provision

Norfolk Island Continued Laws Amendment Ordinance 2015
(No. 2, 2015)

17 June 2015 (F2015L00835)

Sch 1 (items 206, 344, 345): 18 June 2015 (s 2(1) item 1)

Sch 1 (items 344, 345)

 
Table of Amendments

 

ad = added or inserted

am = amended

rep = repealed

rs = repealed and substituted

Provisions affected

     How affected

1

am

5, 2009

3

rs

5, 2009

5

ad

 5, 2009

6

ad

 5, 2009

Schedule 1, Form 1

am

 5, 2009

Schedule 1, Form 2

ad

 5, 2009

 

am

Ord No 2, 2015

Schedule 2

ad

5, 2009

 

 

 

 

Overview

The Norfolk Island Broadcasting Regulations 2002 were enacted to provide a framework for the administration of broadcasting services on Norfolk Island, as required under the Norfolk Island Broadcasting Act 2001. These regulations were designed to address the need for a structured approach to the licensing and operation of broadcasting services on the island, ensuring that they are conducted in a manner that is compliant with statutory requirements and conducive to the island's community needs. The regulations were enacted by the Norfolk Island Legislative Assembly, the governing body responsible for creating and amending laws applicable to Norfolk Island. The overarching policy objective is to facilitate the orderly operation of broadcasting services that meet the informational, entertainment, and communication needs of the Norfolk Island community while maintaining high standards of content and operation.

Scope and Application

The Norfolk Island Broadcasting Regulations 2002, which implement the Norfolk Island Broadcasting Act 2001, pertain to the administration of broadcasting services on Norfolk Island. The regulations apply to individuals or entities seeking to establish or operate a radio or television broadcasting service within Norfolk Island's territorial boundaries. The application process, outlined in Regulation 4, requires applicants to submit their applications in a prescribed manner and form, detailed in Schedule 1, Form 1. The regulations further prescribe the form of licence to be issued by the Minister, as per Regulation 5, with the prescribed form detailed in Schedule 1, Form 2. Fees for the application and renewal of broadcasting licences are specified in Schedule 2. The regulations are intended to ensure that broadcast services adhere to the standards and conditions set forth in the Act and to manage the allocation of broadcasting frequencies to prevent interference. The scope of these regulations is limited to Norfolk Island, and they do not extend to other jurisdictions. No specific exclusions or exemptions are stated within the text provided, but the regulations do allow for the imposition of penalties, suspension, or cancellation of licences for breaches of conditions. Any amendments or extensions to the application of these regulations may be introduced through subordinate instruments.

Key Provisions

The Norfolk Island Broadcasting Regulations 2002 (Reg. 3, 2002) serve as a regulatory framework for broadcasting services on Norfolk Island, complementing the Norfolk Island Broadcasting Act 2001. These regulations provide detailed instructions on how to apply for broadcasting licenses, the forms required, and the fees associated with these applications and renewals. Specifically, Regulation 4 outlines the prescribed manner and form of application, with applicants needing to complete a detailed application form (Form 1 in Schedule 1) that includes information such as the type of licence required, the applicant's details, and the nature of the broadcast content. Regulation 5 stipulates that the prescribed form of licence to be issued by the Minister is specified in Form 2 of Schedule 1, which includes details like the licensee's name, the nature of the approved broadcast, the broadcast frequency, and the conditions attached to the licence. These regulations impose several obligations on the parties or entities they govern. Primarily, applicants for a broadcasting licence must adhere to the specified application form and provide comprehensive details about their proposed broadcasting activities. Additionally, licensees must ensure that their broadcast signals are strong enough for reception within Norfolk Island's territorial boundaries and do not interfere with other radio or television signals. The Minister may also impose specific conditions on the licence, which must be complied with. Failure to meet these obligations can result in severe consequences, including financial penalties or the suspension or cancellation of the licence. In terms of penalties and consequences for breach, the regulations provide for significant deterrents. Under section 13(6) of the Norfolk Island Broadcasting Act 2001, any breach of the conditions of a broadcasting licence can lead to a penalty of up to 20 penalty units. Furthermore, under section 13(7) of the Act, the Minister may suspend or cancel the licence if the conditions are breached. These provisions ensure that the regulations are enforced rigorously, thereby maintaining the integrity and quality of broadcasting services on Norfolk Island.

Legal classification tags

Area of Law
Media & Entertainment Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Commencement Provisions
Licensing & Registration
Prescribed manner and form of application
Regulatory Standards

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Authorises

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