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

Administered by Department of Communications and the Arts

Legislation au F2015L02116 Not in force Legislative Instrument

Legislation content

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 (BSA) was enacted to regulate broadcasting services in Australia, providing a framework for the licensing and management of television and radio services. This Act established the Australian Communications and Media Authority (ACMA), which is responsible for preparing television licence area plans. The problem or gap addressed by this Act includes ensuring that broadcasting services operate efficiently and effectively, and that the public has access to a diverse range of television services. The BSA was enacted by the Commonwealth Parliament. The policy objective of the Act is to promote competition, diversity, and quality in broadcasting services, as well as to protect the public interest. The Television Licence Area Plan (Brisbane) Variation 2015 (No. 1) and the Television Licence Area Plan (Melbourne) Variation 2015 (No. 1) are variations to the respective Television Licence Area Plans (TLAPS) for Brisbane and Melbourne, which were made under subsection 26(2) of the BSA. 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 expiry date for certain community television transmitter licences from 31 December 2015 to 31 December 2016. The variations extend the channel allotment end dates for community television services in Brisbane and Melbourne accordingly.

Scope and Application

The Television Licence Area Plan (Brisbane) Variation 2015 (No. 1) and the Television Licence Area Plan (Melbourne) Variation 2015 (No. 1) are legislative instruments prepared by the Australian Communications and Media Authority (ACMA) under the Broadcasting Services Act 1992. These variations adjust the Television Licence Area Plan (Brisbane) 2012 and the Television Licence Area Plan (Melbourne) 2012, respectively, to extend the channel allotment end dates for community television services from 31 December 2015 to 31 December 2016. This change is in response to the Radiocommunications (Duration of Community Television Transmitter Licences) Determination (No.1) of 2008 (Amendment No.1 of 2015) made by the Minister for Communications. The variations apply to entities involved in community television broadcasting services within the Brisbane and Melbourne TV1 licence areas. They do not require a regulatory impact analysis as determined by the Office of Best Practice Regulation, which deemed them to have a minor regulatory impact. The ACMA has also confirmed that these variations are compatible with human rights as they do not engage any applicable rights or freedoms.

Key Provisions

The Television Licence Area Plan (Brisbane) Variation 2015 (No. 1) and the Television Licence Area Plan (Melbourne) Variation 2015 (No. 1) (the variations) modify the respective Television Licence Area Plans (TLAPS) for Brisbane and Melbourne, which were established in 2012. Specifically, these variations extend the end dates for channel allotments for community television services from 31 December 2015 to 31 December 2016, aligning with the changes in the Radiocommunications (Duration of Community Television Transmitter Licences) Determination (No.1) of 2008 (Amendment No.1 of 2015). These changes are detailed in Schedules 1 of the variations, which replace the relevant sections of the original TLAPs. The variations impose obligations on the parties governed by the original TLAPs, primarily extending the operational period for community television services in Brisbane and Melbourne. This extension provides additional time for community television broadcasters to continue their services without the immediate pressure of transitioning off the airwaves. It also aligns with the broader regulatory framework established by the Broadcasting Services Act 1992 (BSA), under which the Australian Communications and Media Authority (ACMA) prepares and modifies these plans. For breaches of the provisions set out in the variations, the BSA provides for various enforcement actions. The BSA outlines specific offences related to broadcasting services, including unauthorised broadcasting, which can lead to civil and criminal penalties. Civil penalties can include fines up to $525,000 for corporations and $105,000 for individuals. Criminal penalties may also apply, with fines up to $2.1 million for corporations and $420,000 for individuals, in addition to potential imprisonment terms. These penalties are intended to ensure compliance with broadcasting regulations and to protect the integrity of the broadcasting services framework.

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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.