Television Licence Area Plan (Brisbane) Variation 2015 (No. 1)

Administered by Department of Communications and the Arts

Legislation au F2015L02113 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Issued by the Australian Communications and Media Authority

 

Television Licence Area Plan (Brisbane) Variation 2015 (No. 1)

Television Licence Area Plan (Melbourne) Variation 2015 (No. 1)

 

Broadcasting Services Act 1992

 

Television Licence Area Plans varied under subsection 26(2) of the Broadcasting Services Act 1992

The Australian Communications and Media Authority (ACMA) prepares television licence area plans under the Broadcasting Services Act 1992 (the BSA).  The ACMA may, by legislative instrument, vary a television licence area plan under subsection 26(2) of the BSA.

The Television Licence Area Plan (Brisbane) Variation 2015 (No. 1) and the Television Licence Area Plan (Melbourne) Variation 2015 (No. 1) (collectively, the variations) vary, respectively, the Television Licence Area Plan (Brisbane) 2012 (Brisbane TLAP) and the Television Licence Area Plan (Melbourne) 2012 (Melbourne TLAP) (collectively, the TLAPs).

The TLAPs plan the Brisbane TV1 and Melbourne TV1 licence areas.

The Brisbane TLAP came into force on 29 May 2013 and the Melbourne TLAP came into force on 11 December 2013.

Intended impact and effect

On 11 December 2015, the Minister for Communications made the Radiocommunications (Duration of Community Television Transmitter Licences) Determination (No.1) of 2008 (Amendment No.1 of 2015) (Amendment Determination) which has the effect of extending the date after which certain community television transmitter licences no longer have effect, from 31 December 2015 to 31 December 2016. In accordance with the Amendment Determination, the variations extend the channel allotment end dates for community television services contained in the TLAPs from 31 December 2015 to 31 December 2016.

A detailed description of the variations is provided in Attachments A and B.

Regulatory impact analysis

The ACMA has considered whether a regulatory impact analysis is required and formed the view that the recommendation in this submission is a machinery matter that would not have more than a minor regulatory impact. The Office of Best Practice Regulation (OBPR) has determined that variations to established licence area plans that are unlikely to have a more than minor regulatory impact are exempt from OBPR clearance. Therefore, no further regulatory impact analysis is required – OBPR ID: 13301.

 

 

 

Consultation and submissions

Before making the variations, the ACMA undertook the following consultation:

  • On 18 November 2015, the ACMA published an Issue for Comment paper on its website, inviting public comment by 2 December 2015.
  • On 19 November 2015, the ACMA wrote to the commercial and community television broadcasting licensees likely to be affected, national broadcasters and other relevant persons, alerting them to the proposed variations and inviting comment.

The ACMA received no submissions on the draft variations.

Statement of Compatibility with Human Rights

In accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011, the ACMA has prepared Statements of Compatibility with Human Rights to consider the human rights implications of each Variation.

The Statements of Compatibility conclude that the variations do not raise any human rights issues.

The Statements of Compatibility prepared for the variations are provided in Attachments C and D.


 

ATTACHMENT A

 

DETAILED DESCRIPTION OF THE TELEVISION LICENCE AREA PLAN (BRISBANE) VARIATION 2015

 

Section 1 Name of Variation

Section 1 names the variation as the Television Licence Area Plan (Brisbane) Variation 2015 (No. 1).

Section 2 Commencement

Section 2 provides that the variation commences on the day after it is registered on the Federal Register of Legislative Instruments.

Section 3 Variation

Section 3 specifies that Schedule 1 varies the Television Licence Area Plan (Brisbane) 2012.

Schedule 1 Variation

Item 1

The table contained in item 1 replaces table 3.2 at clause 2 in Schedule 3, updating the channel allotment end dates for the providers of community television broadcasting services in the Brisbane TV1 licence area to 31 December 2016.

 


ATTACHMENT B

 

DETAILED DESCRIPTION OF THE TELEVISION LICENCE AREA PLAN (MELBOURNE) VARIATION 2015 (No. 1)

 

Section 1 Name of Variation

Section 1 names the variation as the Television Licence Area Plan (Melbourne) Variation 2015.

Section 2 Commencement

Section 2 provides that the variation commences on the day after it is registered on the Federal Register of Legislative Instruments.

Section 3 Variation

Section 3 specifies that Schedule 1 varies the Television Licence Area Plan (Melbourne) 2012.

Schedule 1 Variation

Item 1

The table contained in item 1 replaces table 3.2 at clause 2 in Schedule 3, updating the channel allotment end dates for the providers of community television broadcasting services in the Melbourne TV1 licence area to 31 December 2016.

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ATTACHMENT C

 

Statement of Compatibility with Human Rights

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

Television Licence Area Plan (Brisbane) Variation 2015 (No. 1)

 

This legislative instrument 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 Legislative Instrument

The Television Licence Area Plan (Brisbane) Variation 2015 (No. 1) varies the Television Licence Area Plan (Brisbane) 2012 by extending the channel allotment end date of the community television service in Brisbane until 31 December 2016.

Human Rights Implications

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

Conclusion

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

 

Australian Communications and Media Authority


ATTACHMENT D

 

Statement of Compatibility with Human Rights

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

Television Licence Area Plan (Melbourne) Variation 2015 (No. 1)

 

This legislative instrument 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 Legislative Instrument

The Television Licence Area Plan (Melbourne) Variation 2015 (No. 1) varies the Television Licence Area Plan (Melbourne) 2012 by extending the channel allotment end date of the community television services in Melbourne and South Yarra until 31 December 2016.

Human Rights Implications

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

Conclusion

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

 

Australian Communications and Media Authority

Overview

The Broadcasting Services Act 1992 was enacted to provide for the regulation of broadcasting services in Australia. One of its key provisions is the ability for the Australian Communications and Media Authority (ACMA) to prepare and vary television licence area plans. In 2015, ACMA introduced the Television Licence Area Plan (Brisbane) Variation 2015 (No. 1) and the Television Licence Area Plan (Melbourne) Variation 2015 (No. 1) under subsection 26(2) of the Broadcasting Services Act 1992. These variations were introduced in response to the Radiocommunications (Duration of Community Television Transmitter Licences) Determination (No.1) of 2008 (Amendment No.1 of 2015), which extended the date by which certain community television transmitter licences would no longer have effect. As a result, the variations extended the channel allotment end dates for community television services in the Brisbane and Melbourne licence areas from 31 December 2015 to 31 December 2016. The ACMA consulted with relevant stakeholders before making the variations and determined that no further regulatory impact analysis was required as the variations were unlikely to have more than a minor regulatory impact.

Scope and Application

The Television Licence Area Plan (Brisbane) Variation 2015 (No. 1) and the Television Licence Area Plan (Melbourne) Variation 2015 (No. 1) (collectively, the variations) pertain to the television broadcasting industry, specifically the community television services operating within the Brisbane TV1 and Melbourne TV1 licence areas. These variations adjust the channel allotment end dates for community television services from 31 December 2015 to 31 December 2016, in line with the Radiocommunications (Duration of Community Television Transmitter Licences) Determination (No.1) of 2008 (Amendment No.1 of 2015). The variations are applicable to the entities providing community television broadcasting services in the specified areas and were issued under subsection 26(2) of the Broadcasting Services Act 1992 (BSA). These variations extend the time frame for community television services to operate without altering the fundamental broadcasting regulations, and they do not introduce any new exemptions or exclusions beyond the adjustments noted. The variations apply on a Commonwealth level and are not subject to state or territory regulations.

Key Provisions

The Television Licence Area Plan (Brisbane) Variation 2015 (No. 1) and the Television Licence Area Plan (Melbourne) Variation 2015 (No. 1) (collectively, the variations) amend the respective Brisbane TLAP and Melbourne TLAP by extending the channel allotment end dates for community television services from 31 December 2015 to 31 December 2016, in accordance with the Radiocommunications (Duration of Community Television Transmitter Licences) Determination (No.1) of 2008 (Amendment No.1 of 2015) (subsection 26(2) of the Broadcasting Services Act 1992). These variations were made to align with the new licence durations set by the Amendment Determination. Entities governed by these variations, primarily the community television broadcasters within the Brisbane and Melbourne TV1 licence areas, must comply with the extended channel allotment end dates specified in the variations. This means that these broadcasters will now have until 31 December 2016 to continue their services, instead of the previously stipulated 31 December 2015 date. Failure to comply with the extended dates as outlined in the variations may result in legal repercussions. While the document does not explicitly state penalties for non-compliance, breaches of the Broadcasting Services Act 1992 or related legislative instruments could potentially incur civil or criminal penalties. The exact penalties would depend on the specific breach and the provisions of the BSA or other applicable laws.

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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.