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.
.
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