EXPLANATORY STATEMENT
Approved by the Australian Communications and Media Authority
Broadcasting Services Act 1992
Television Licence Area Plan (Melbourne) Variation 2018 (No. 1)
Authority
The Australian Communications and Media Authority (the ACMA) has made the Television Licence Area Plan (Melbourne) Variation 2018 (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 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 amends 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 disallowable 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 30 June 2018, in accordance with the Radiocommunications (Duration of Community Television Transmitter Licences) Determination No. 1 of 2008 (the 2008 Determination), made under subparagraph 103(4A)(c)(ii) of the Radiocommunications Act 1992 (the Radcoms Act). The 2008 Determination set 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 2008 Determination, such that those channel allotments were set to cease on 30 June 2018.
On 31 May 2018, the Minister for Communications made the Radiocommunications (Duration of Community Television Transmitter Licences) Determination 2018 (the 2018 Determination) which repealed the 2008 Determination and extended the period for which the transmitter licences for the Melbourne community television broadcasting service remain in force until 30 June 2020. As the Minister has exercised his power to keep the transmitter licences in force until 30 June 2020, the ACMA considers that it must provide spectrum as required under Part 3 of the BSA to enable the licensee 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 Corporation). The ACMA wrote to the stakeholders on 6 June 2018, informing them of the intended extension to allotment end dates and inviting further comment by 14 June 2018. The ACMA received one submission in favour of the proposal.
The service is 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 the 2018 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 LA.
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 2 years to 30 June 2020.
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 2018 (No. 1)
Section 1 Name
This section provides for the instrument to be cited as the Television Licence Area Plan (Melbourne) Variation 2018 (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 provision of the Broadcasting Services Act 1992 that authorises the making of the instrument, namely subsection 26(2) of that Act.
Section 4 Amendment
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.