Regional Equalisation Plan

Administered by Department of Communications and the Arts

Legislation au F2004B00504 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Regional Equalisation Plan

 

Issued by the authority of the Minister for Communications, Information Technology and the Arts

Background

Subclause 64(1) of Schedule 4 to the Broadcasting Services Act 1992 (the Act) requires the Minister to formulate a written Regional Equalisation Plan which specifies the measures proposed to facilitate the transmission of digital commercial television and datacasting services in regional licence areas.

In formulating the regional equalisation plan, the Minister under subclause 64(2) of the Act, had regard to the following objectives:

(a)  the objective of maximising the diversity of choice in television services provided in regional licence areas;

(b)  the objective of bringing to regional licence areas a similar range of entertainment and information services as are available in metropolitan licence areas;

(c)  the objective of maintaining the financial viability of the commercial television broadcasting industry in regional licence areas;

(d)  the objective of providing commercial television broadcasting services in regional licence areas that are relevant to, and responsive to, local needs in those areas;

(e)  the objective of discouraging the concentration of media ownership in regional licence areas.

Formulation of the regional equalisation plan was finalised following:

(a)  an independent analysis of the estimated total costs (capital and operating) of digital conversion for regional and remote commercial broadcasters ($519 million); and

(b)  the announcement in the 2000-01 Budget of a financial assistance package of up to $260 million over 13 years to assist regional and remote broadcasters with the introduction of digital broadcasting and datacasting services.

Regiona1 Equalisation Plan

Under the Plan, assistance will be available from 2000-01, with individual broadcasters able to access assistance in the form of licence fee rebates in the fiscal year in which the broadcaster commences digital transmission.

Assistance levels are as follows:

  • In the Northern NSW, Southern NSW, Regional Victoria and Regional Queensland aggregated (three-service) regional licence areas, $13.6 million per commercial broadcaster over eight years by licence fee rebate;
  • In the Mildura/Sunraysia two-service licence area, $0.8 million per commercial broadcaster over eight years by licence fee rebate;
  • In the Tasmania two-service licence area, $6.64 million per commercial broadcaster over eight years by licence fee rebate;
  • In the Darwin two-service licence area, $3.28 million per commercial broadcaster over eight years by licence fee rebate;
  • In the Griffith and MIA two-service licence areas, $0.56 million per commercial broadcaster over eight years by licence fee rebate;
  • In the regional Western Australia two-service licence area, $14.72 million per commercial broadcaster over eight years by licence fee rebate;
  • In Solus (one-service) licence areas, $8.8 million over 7-9 years by licence fee rebates and grants in some areas; and

Arrangements for individual broadcasters in remote markets will be finalised once the Australian Broadcasting Authority (ABA) has completed a digital conversion scheme for remote licence areas. The level of assistance to be provided to remote broadcasters is estimated at more than $30 million.

Regulations will be made under the Television Licence Fees Act 1964 to allow for the rebate of licence fees. The licence fee rebate arrangements are to be administered by the ABA.

 

Overview

The Regional Equalisation Plan, issued under the Broadcasting Services Act 1992, was formulated to address the disparity in television services between regional and metropolitan licence areas in Australia. Enacted by the Parliament of Australia, the plan was developed in response to the need for equitable access to digital commercial television and datacasting services across all regions. The objective was to enhance the diversity and range of entertainment and information services available in regional areas, while also ensuring the financial sustainability of the commercial television broadcasting industry in these regions. This was achieved by providing targeted financial assistance to regional broadcasters to facilitate the transition to digital broadcasting, thereby aiming to meet local needs and prevent the concentration of media ownership in regional areas. The plan stipulates a financial assistance package of up to $260 million over 13 years, distributed through licence fee rebates and grants, to support regional broadcasters in undertaking digital conversion. The assistance is tailored to various regional licence areas, including aggregated and two-service areas, as well as solus licence areas, with specific amounts allocated to each region. The Australian Broadcasting Authority (ABA) is responsible for administering these rebates and grants, ensuring that the financial aid is effectively delivered to assist broadcasters in meeting the outlined objectives.

Scope and Application

The Regional Equalisation Plan, formulated under subclause 64(1) of Schedule 4 of the Broadcasting Services Act 1992, is a strategic initiative designed to facilitate the transmission of digital commercial television and datacasting services in regional licence areas across Australia. This plan applies to commercial broadcasters operating in various regional licence areas, including aggregated, two-service, and one-service areas. The primary goal of the plan is to enhance the diversity and range of television services available in regional areas, thereby aligning them more closely with the offerings in metropolitan areas. The financial assistance provided under the plan is intended to support the transition to digital broadcasting, ensuring the financial viability of the commercial television industry in these regions and promoting services that are relevant to local communities. The plan's measures are financed through a rebate of licence fees, with specific amounts allocated to different licence areas, and are administered by the Australian Broadcasting Authority under regulations made pursuant to the Television Licence Fees Act 1964. The plan excludes remote licence areas, for which separate arrangements are to be established following the completion of a digital conversion scheme by the ABA.

Key Provisions

The Regional Equalisation Plan, outlined under the Broadcasting Services Act 1992, primarily focuses on providing measures to facilitate the transmission of digital commercial television and datacasting services in regional licence areas (subclause 64(1)). The Minister for Communications, Information Technology and the Arts is required to formulate this plan, taking into account specific objectives such as maximising the diversity of choice in television services, bringing a similar range of entertainment and information services to regional areas as those available in metropolitan areas, and maintaining the financial viability of the commercial television broadcasting industry (subclause 64(2)). The plan was developed following an independent analysis of the costs of digital conversion for regional and remote broadcasters and the announcement of a financial assistance package in the 2000-01 Budget. The Regional Equalisation Plan includes provisions for financial assistance to regional broadcasters in the form of licence fee rebates. For instance, broadcasters in the Northern NSW, Southern NSW, Regional Victoria, and Regional Queensland aggregated (three-service) regional licence areas are eligible for $13.6 million over eight years. Similarly, broadcasters in the Mildura/Sunraysia, Tasmania, Darwin, Griffith and MIA, and regional Western Australia two-service licence areas receive between $0.56 million and $14.72 million over eight years. Broadcasters in Solus (one-service) licence areas can access between $8.8 million over 7-9 years, depending on the specific area. The plan also makes provisions for broadcasters in remote markets, with an estimated assistance of more than $30 million, subject to the completion of a digital conversion scheme by the Australian Broadcasting Authority (ABA). The Act imposes several obligations on the Minister and the Australian Broadcasting Authority (ABA). The Minister is responsible for formulating the Regional Equalisation Plan in line with the specified objectives and ensuring the provision of financial assistance to regional broadcasters. The ABA is tasked with administering the licence fee rebate arrangements and facilitating the digital conversion scheme for remote licence areas. These obligations are essential to ensure the successful implementation of the plan and the provision of digital broadcasting services in regional areas. The Broadcasting Services Act 1992 does not explicitly outline specific offences, penalties, or consequences for breaches related to the Regional Equalisation Plan. However, failure to comply with the obligations imposed by the Act may result in legal action being taken against the Minister or the ABA. Additionally, broadcasters who do not meet the requirements for accessing financial assistance may be ineligible for the rebates, which could impact their ability to transition to digital broadcasting. It is essential for the Minister, ABA, and broadcasters to adhere to the provisions of the Act to ensure the successful implementation of the Regional Equalisation Plan and the provision of digital broadcasting services in regional areas.

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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.