EXPLANATORY STATEMENT
Approved by the Australian Communications and Media Authority
Broadcasting Services Act 1992
Television Licence Area Plan (Melbourne) Variation 2016 (No. 1)
Television Licence Area Plan (Brisbane) Variation 2016 (No. 1)
Authority
The Australian Communications and Media Authority (the ACMA) has made the Television Licence Area Plan (Melbourne) Variation 2016 (No. 1) and the Television Licence Area Plan (Brisbane) Variation 2016 (No. 1) (collectively, the instruments) under subsection 26(2) of the Broadcasting Services Act 1992 (the Act).
Subsection 26(2) of the Act provides that the ACMA may, by legislative instrument, vary a licence area plan.
Purpose and operation of the instruments
Television licence area plans (TLAPs) are made under subsection 26(1B) of the Act and allot channels for particular broadcasting services and, where relevant, identify time frames for the clearance of spectrum through channel allotment end dates. TLAPs also determine the number, category and characteristics of television broadcasting services that are to be made available for allocation in particular areas of Australia using the broadcasting services bands.
The instruments are intended to amend channel allotment end dates for community television broadcasting services in Melbourne and Brisbane.
A provision-by-provision description of the instruments is set out in the notes at Attachment A and Attachment B.
The instruments are legislative instruments for the purposes of the Legislation Act 2003 (the LA).
Documents incorporated by reference
The instruments do not incorporate any documents by reference.
Consultation
Consultation was not undertaken for the variation instruments for the following reasons:
Community television broadcasting services transmit in the broadcasting services bands (BSB). To do this lawfully, licensees must have a transmitter licence and a current channel allotment in a TLAP must be in place. Transmitter licences for the Brisbane and Melbourne community television broadcasting services are currently due to cease effect on 31 December 2016, in accordance with a Minister’s determination under subparagraph 103(4A)(c)(ii) of the Radiocommunications Act 1992 (the Radcoms Act), which sets the date from when a transmitter licence for a community television broadcasting service ceases to have effect. The channel allotment end dates for the community services are aligned with the Minister’s determination and also cease on 31 December 2016. The instruments must take effect before 1 January 2017 for the licensees to continue in operation lawfully.
Community television broadcasting licences are BSB licences with an inherent right to access BSB spectrum in accordance with a transmitter licence issued under section 102 of the Radcoms Act. As the Minister exercised his power under subparagraph 103(4A)(c)(ii) on 11 December 2016 to keep the transmitter licences in force, the ACMA considers that it must provide spectrum as required under Part 3 of the BSA to enable the licensees to continue to transmit in the BSB.
As the instruments must take effect before 1 January 2017 for the licensees to continue in operation lawfully, and the Minister’s determination was not made until 11 December 2016, the ACMA considered that it would not be reasonably practicable to undertake consultation. The services are already in operation and the ACMA’s decision in extending the channel allotment end dates forms a small but necessary regulatory step, with minimal impact, in line with the Minister’s determination, which took effect on 13 December 2016.
Regulatory impact assessment
The ACMA considered whether a regulatory impact analysis process was required and formed the view that the changes effected by the instruments were machinery matters 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 more than a minor regulatory impact are exempt from OBPR clearance. Therefore, no further regulatory impact analysis is required. (OBPR reference 13301).
Statement of compatibility with human rights
Subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011 requires the rule-maker in relation to a legislative instrument to which section 42 (disallowance) of the LA applies to cause a statement of compatibility to be prepared in respect of that legislative instrument.
The statement of compatibility set out below has been prepared to meet that requirement.
Overview of the instruments
The instruments vary the Television Licence Area Plan (Melbourne) 2012 and the Television Licence Area Plan (Brisbane) 2012. The variations amend channel allotment end dates for community television broadcasting services in the Melbourne and Brisbane licence areas. Those end dates have been extended by 6 months in each case.
Human rights implications
The ACMA has assessed whether the instruments are compatible with human rights, being the rights and freedoms recognised or declared by the international instruments listed in subsection 3(1) of the Human Rights (Parliamentary Scrutiny) Act 2011 as they apply to Australia.
Having considered the likely impact of the instruments and the nature of the applicable rights and freedoms, the ACMA has formed the view that the instruments do not engage any of those rights or freedoms.
Conclusion
The instruments are compatible with human rights as they do not raise any human rights issues.
Attachment A
Notes to the
Television Licence Area Plan (Melbourne) Variation 2016 (No. 1)
Section 1 Name
This section provides for the instrument to be cited as the Television Licence Area Plan (Melbourne) Variation 2016 (No. 1).
Section 2 Commencement
This section provides for the instrument to commence at the start of the day after it is registered.
Section 3 Authority
This section identifies the relevant statutory provision that authorises the making of the instrument, namely subsection 26(2) of the Broadcasting Services Act 1992.
Section 4 Amendments
This section has the effect that the Television Licence Area Plan (Melbourne) 2012 (Registration No. F2016C00044) is varied as set out in Schedule 1 to the instrument.
Schedule 1 Amendments
Item 1
The table contained in item 1 replaces table 3.2 at subclause 2(3) in Schedule 3, amending channel allotment end dates for Melbourne community television services.
Attachment B
Notes to the
Television Licence Area Plan (Brisbane) Variation 2016 (No. 1)
Section 1 Name
This section provides for the instrument to be cited as the Television Licence Area Plan (Brisbane) Variation 2016 (No. 1).
Section 2 Commencement
This section provides for the instrument to commence at the start of the day after it is registered.
Section 3 Authority
This section identifies the relevant statutory provision that authorises the making of the instrument, namely subsection 26(2) of the Broadcasting Services Act 1992.
Section 4 Variation to the Television Licence Area Plan (Brisbane) 2012
This section provides that the Television Licence Area Plan (Brisbane) 2012 (Registration No. F2016C00046) is varied as set out in Schedule 1 to the instrument.
Schedule 1 Amendment
Item 1
The table contained in item 1 replaces table 3.2 at subclause 2(3) in Schedule 3, amending the channel allotment end date for the Brisbane community television service.