Television Licence Area Plan (Melbourne) Variation 2017 (No.1)

Administered by Department of Communications and the Arts

Legislation au F2017L00844 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

Approved by the Australian Communications and Media Authority

Broadcasting Services Act 1992

Television Licence Area Plan (Melbourne) Variation 2017 (No. 1)

 

Authority

The Australian Communications and Media Authority (the ACMA) has made the Television Licence Area Plan (Melbourne) Variation 2017 (No. 1) (the instrument) 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 BSBs).  

The instrument is intended to amend the channel allotment end dates for the community television broadcasting service in Melbourne.

A provision-by-provision description of the instrument is set out in the notes at Attachment A.

The instrument is a legislative instrument for the purposes of the Legislation Act 2003 (the LA).

Documents incorporated by reference

The instrument does not incorporate any document by reference.

Consultation

Community television broadcasting services that transmit in the BSBs are authorised by the issuance of a transmitter licence and a channel allotment in a TLAP. Transmitter licences for the Melbourne community television broadcasting service were due to cease effect on 30 June 2017, in accordance with the Radiocommunications (Duration of Community Television Transmitter Licences) Determination No. 1 of 2008 (Determination), made under subparagraph 103(4A)(c)(ii) of the Radiocommunications Act 1992 (the Radcoms Act). The Determination sets the date after which a transmitter licence for a community television broadcasting service ceases to have effect. The channel allotment end dates specified in the Television Licence Area Plan (Melbourne) 2012 for the Melbourne community television broadcasting service were aligned with the Determination, such that those channel allotments were set to cease on 30 June 2017.

On 27 June 2017, the Minister made the Radiocommunications (Duration of Community Television Transmitter Licences) Determination (No. 1) of 2008 (Amendment No. 1 of 2017) (Amendment Determination) which amended the Determination to extend the period for which the two transmitter licences for the Melbourne community television broadcasting service remain in force to 31 December 2017. As the Minister has exercised his power to keep the transmitter licences in force until 31 December 2017, 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 BSBs.

Before making the instrument the ACMA consulted the Department of Communications and the Arts. As the instrument must take effect before 1 July 2017 for the licensee to continue in operation lawfully, and the Amendment Determination was not made until 27 June 2017, the ACMA considered that it would not be reasonably practicable to undertake further consultation. The services are already in operation and the ACMA’s decision in extending the channel allotment end dates is a merely consequential, but necessary, regulatory step, with minimal impact, in line with the Amendment Determination.

Regulatory impact assessment

The ACMA considered whether a regulatory impact analysis process was required and formed the view that the changes effected by the instrument 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 no 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 instrument

The instrument varies the Television Licence Area Plan (Melbourne) 2012. The variations amend the channel allotment end dates for transmitter licences for community television broadcasting services in the Melbourne licence area.  Those end dates have been extended by 6 months.

Human rights implications

The ACMA has assessed whether the instrument is 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 instrument and the nature of the applicable rights and freedoms, the ACMA has formed the view that the instrument does not engage any of those rights or freedoms. 

Conclusion

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

 

 

Attachment A

Notes to the

Television Licence Area Plan (Melbourne) Variation 2017 (No. 1)

Section 1 Name

This section provides for the instrument to be cited as the Television Licence Area Plan (Melbourne) Variation 2017 (No. 1).

Section 2 Commencement

This section provides for the instrument to commence on the day it is registered on the Federal Register of Legislation. 

Section 3 Authority

This section identifies the relevant statutory provision that authorises the making of the instrument, namely subsection 26(2) of the Act.

Section 4 Amendments

This section provides that the Television Licence Area Plan (Melbourne) 2012 (Registration No. F2012L02431) 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 to the Television Licence Area Plan (Melbourne) 2012, amending channel allotment end dates for Melbourne community television broadcasting services.

 

Overview

The Broadcasting Services Act 1992 was enacted to regulate broadcasting services in Australia and to provide for the establishment of the Australian Broadcasting Authority, which later became the Australian Communications and Media Authority (ACMA). This legislation aims to ensure efficient use of the radio spectrum and to provide for the licensing of broadcasting services, among other objectives. The Act was introduced to address the need for a comprehensive regulatory framework governing broadcasting services to manage the allocation of spectrum and to ensure orderly and efficient broadcasting operations. The ACMA, as the enacting body, was established under the Act to administer its provisions and to make legislative instruments such as the Television Licence Area Plan (Melbourne) Variation 2017 (No. 1) to amend existing licence area plans. This particular instrument was made to extend the channel allotment end dates for community television broadcasting services in Melbourne, aligning with a recent amendment to the duration of community television transmitter licences. The policy objective of this variation is to ensure that the broadcasting services continue to operate within the legal framework, thereby maintaining the integrity and efficiency of the broadcasting services in the specified area.

Scope and Application

The Television Licence Area Plan (Melbourne) Variation 2017 (No. 1) is a legislative instrument made by the Australian Communications and Media Authority (ACMA) under the Broadcasting Services Act 1992 (BSA). The instrument modifies the Television Licence Area Plan (Melbourne) 2012 by extending the channel allotment end dates for community television broadcasting services in Melbourne by six months. This change is a direct response to the Radiocommunications (Duration of Community Television Transmitter Licences) Determination (No. 1) of 2017, which extended the operational period for community television transmitter licences in Melbourne until 31 December 2017. As a result, the ACMA has amended the channel allotment end dates to align with this extension, ensuring that the licensees can continue to operate within the broadcasting services bands without interruption. The instrument applies to the entities holding transmitter licences for community television broadcasting services in Melbourne, and it does not include any exemptions or exclusions. The instrument is subject to the legislative framework provided by the BSA and is a necessary regulatory step to maintain the lawful operation of these services.

Key Provisions

The Television Licence Area Plan (Melbourne) Variation 2017 (No. 1) (the instrument) amends the Television Licence Area Plan (Melbourne) 2012 (TLAP) by extending the channel allotment end dates for the community television broadcasting services in Melbourne. This variation is made under subsection 26(2) of the Broadcasting Services Act 1992 (the Act) (section 3 of the instrument). The purpose of this instrument is to ensure that the channel allotment end dates are aligned with the extended transmitter licence period for community television broadcasting services in Melbourne, which was set by the Radiocommunications (Duration of Community Television Transmitter Licences) Determination (No. 1) of 2017 (section 4 of the instrument). The Act imposes specific obligations on the Australian Communications and Media Authority (ACMA) to ensure that the broadcasting services operate within the parameters set out in the TLAP. By extending the channel allotment end dates, the instrument ensures that community television broadcasters in Melbourne can continue to operate without interruption. Broadcasters must adhere to the new allotment dates, which now extend until 31 December 2017, instead of the original 30 June 2017 end date (section 4 of the instrument). This change is crucial for maintaining the continuity of broadcasting services in Melbourne during the extended period allowed by the Minister’s determination. Failure to comply with the provisions of the Act or the amended TLAP could result in various consequences. The Act outlines that non-compliance with broadcasting regulations may lead to enforcement actions, including fines or other penalties. While specific penalties are not detailed in the explanatory statement, the Act generally provides for fines that can be substantial, depending on the severity and frequency of the breach. The Act also allows for the suspension or revocation of broadcasting licences, which could significantly impact the operations of community television broadcasters. Ensuring adherence to the amended allotment dates is therefore critical for broadcasters to avoid these potential repercussions.

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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.