Television Licence Area Plan (Melbourne) Variation 2017 (No. 2)

Administered by Department of Communications and the Arts

Legislation au F2017L01571 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Approved by the Australian Communications and Media Authority

Broadcasting Services Act 1992

Television Licence Area Plan (Melbourne) Variation 2017 (No. 2)

Authority

The Australian Communications and Media Authority (the ACMA) has made the Television Licence Area Plan (Melbourne) Variation 2017 (No. 2) (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 instrument

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 documents 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. The transmitter licence for the Melbourne community television broadcasting service was due to cease effect on 31 December 2017, in accordance with the Radiocommunications (Duration of Community Television Transmitter Licences) Determination No. 1 of 2008 (the 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 31 December 2017.

On 17 October 2017, the Minister for Communications made the Radiocommunications (Duration of Community Television Transmitter Licences) Determination (No. 1) of 2008 (Amendment No. 2 of 2017) (the Amendment Determination) which amended the Determination to extend the period for which the transmitter licences for the Melbourne community television broadcasting service remain in force to 30 June 2018. As the Minister has exercised his power to keep the transmitter licences in force until 30 June 2018, 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 the instrument was made, the ACMA consulted the Department of Communications and the Arts as well as other relevant stakeholders: FreeTV, Community Broadcasting Association of Australia, the Melbourne community TV broadcasting licensee, the providers of their transmitters (TX Australia Pty Ltd and Broadcast Australia), and the national broadcasters (Australian Broadcasting Corporation and Special Broadcasting Service Corportion). The ACMA wrote to the stakeholders on 31 October 2017, informing them of the intended extension to allotment end dates and inviting further comment by 3 November 2017. The ACMA received no submissions on the proposal.

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 Amendment Determination. The ACMA was satisfied on this basis that such consultation as was appropriate and reasonably practicable to undertake was undertaken, in accordance with section 17 of the Legislation Act 2003.

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 in nature and 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 with human rights 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 variation amends the channel allotment end dates for transmitter licences for community television broadcasting services in the Melbourne licence area. Those ends 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. 2)

Section 1 Name

This section provides for the instrument to be cited as the Television Licence Area Plan (Melbourne) Variation 2017 (No. 2).

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 provision of the Broadcasting Services Act 1992 that authorises the making of the instrument, namely subsection 26(2) of that Act.

Section 4 Amendments

This section has the effect that the Television Licence Area Plan (Melbourne) 2012 is varied as set out in Schedule 1 to the instrument.

Schedule 1 Amendment

Item 1

The table contained in item 1 replaces the table which appears after subclause 2(3) in Schedule 3 of the Television Licence Area Plan (Melbourne) 2012, and thereby amends channel allotment end dates for the Melbourne community television broadcasting service.

Overview

The Broadcasting Services Act 1992 was enacted to regulate broadcasting services in Australia, providing a framework for licensing and managing the use of the radio spectrum for broadcasting purposes. A key issue it addresses is the efficient allocation of spectrum to ensure that broadcasting services can operate without interference. The Act was introduced by the Parliament of Australia to streamline the regulation of broadcasting services and to address gaps in spectrum management and licensing. The Australian Communications and Media Authority (ACMA) operates under this Act to manage the broadcasting services sector, ensuring that services are provided in an orderly and non-discriminatory manner. The policy objective of the Act is to promote the availability and diversity of broadcasting services while managing the radio spectrum effectively. The Television Licence Area Plan (Melbourne) Variation 2017 (No. 2) is a legislative instrument made under the Broadcasting Services Act 1992 by the ACMA. It aims to amend the Television Licence Area Plan (Melbourne) 2012 by extending the channel allotment end dates for transmitter licences of community television broadcasting services in Melbourne. This variation was necessitated by the amendment of the Radiocommunications (Duration of Community Television Transmitter Licences) Determination No. 1 of 2008, which extended the period for which the transmitter licences for Melbourne's community television broadcasting services remained in force. The ACMA undertook necessary consultations with relevant stakeholders before making the variation, ensuring that the changes aligned with the updated regulatory requirements.

Scope and Application

The Television Licence Area Plan (Melbourne) Variation 2017 (No. 2) is a legislative instrument made by the Australian Communications and Media Authority (ACMA) under subsection 26(2) of the Broadcasting Services Act 1992 (BSA). The instrument amends the Television Licence Area Plan (Melbourne) 2012 by extending the channel allotment end dates for transmitter licences of community television broadcasting services in Melbourne. This amendment responds to the recent amendment to the Radiocommunications (Duration of Community Television Transmitter Licences) Determination No. 1 of 2008, which extended the period for which transmitter licences for Melbourne community television broadcasting services remain in force until 30 June 2018. The instrument extends the allotment end dates for these services by six months to align with this change, ensuring that the spectrum is available as required under the BSA. The instrument applies to entities holding transmitter licences for community television broadcasting services in the Melbourne licence area, specifically to the allotment end dates of these licences. Its geographic reach is confined to the Melbourne licence area. There are no exclusions, exemptions, or thresholds specified in the instrument. The instrument itself does not extend or restrict application through subordinate instruments, though the BSA provides the overarching framework within which such variations can be made. The ACMA has assessed that the changes have a minor regulatory impact and are compatible with human rights, as they do not engage any of the rights and freedoms recognised under the Human Rights (Parliamentary Scrutiny) Act 2011.

Key Provisions

The Television Licence Area Plan (Melbourne) Variation 2017 (No. 2) (the instrument) amends the Television Licence Area Plan (Melbourne) 2012, specifically altering the channel allotment end dates for transmitter licences associated with community television broadcasting services in Melbourne (Section 4). These dates are extended by six months, aligning with the recent amendment to the Radiocommunications (Duration of Community Television Transmitter Licences) Determination No. 1 of 2008 (Amendment No. 2 of 2017), which extends the validity period of these transmitter licences until 30 June 2018. The changes made in the instrument are designed to ensure that community television broadcasting services can continue to operate without interruption, providing spectrum as required under Part 3 of the Broadcasting Services Act 1992 (the Act) (Section 3). Under the Broadcasting Services Act 1992, the Australian Communications and Media Authority (ACMA) is mandated to create and manage Television Licence Area Plans (TLAPs), which include the allotment of channels for broadcasting services and the specification of end dates for these allotments. The ACMA must ensure that these plans comply with the requirements of the Act and any relevant determinations. The obligations imposed by this Act include the duty to consult with relevant stakeholders, such as the Department of Communications and the Arts, FreeTV, Community Broadcasting Association of Australia, and the Melbourne community TV broadcasting licensee, among others, to gather necessary feedback and ensure that the variations made do not adversely affect existing services (Section 2). The ACMA is also required to align these plans with any amendments to the Radiocommunications Act 1992, particularly those concerning the duration of community television transmitter licences. The Broadcasting Services Act 1992 does not explicitly outline specific offences or penalties for breaches related to the Television Licence Area Plan (Melbourne) Variation 2017 (No. 2). However, any failure by broadcasters to comply with the terms of their transmitter licences or the conditions set out in the TLAPs could potentially lead to administrative actions, including fines or the revocation of broadcasting licences. The ACMA has the authority to enforce compliance with broadcasting regulations, and any significant non-compliance could result in legal action under the Act. Although the Act does not provide specific maximum penalties for this particular instrument, the potential consequences for broadcasters include financial penalties and the suspension or revocation of their broadcasting licences. The Australian Communications and Media Authority has assessed the compatibility of the instrument with human rights as required by the Human Rights (Parliamentary Scrutiny) Act 2011. The ACMA has concluded that the instrument does not engage any of the rights and freedoms recognised or declared by the international instruments listed in subsection 3(1) of that Act. Therefore, the instrument is deemed compatible with human rights, and no adverse human rights implications are identified. This conclusion is based on the understanding that the changes made by the instrument are minor regulatory adjustments aimed at ensuring continuity of service for community television broadcasters in Melbourne.

Area of Law: Media & Entertainment Law
Instrument: Legislative Instrument
Concepts: Commencement Provisions; Reporting & Disclosure Obligations; Regulatory Standards

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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.

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