Television Licence Area Plan (Melbourne) Variation 2018 (No. 1)

Administered by Department of Communications and the Arts

Legislation au F2018L00836 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 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.

Overview

The Television Licence Area Plan (Melbourne) Variation 2018 (No. 1) was enacted by the Australian Communications and Media Authority (ACMA) under the Broadcasting Services Act 1992. This legislative instrument was introduced to address the need for an extension of channel allotment end dates for community television broadcasting services in Melbourne, following a determination by the Minister for Communications that extended the duration of transmitter licences for these services. The primary objective of this variation is to ensure that the broadcasting services in Melbourne can continue to operate within the specified broadcasting services bands until the new end date of 30 June 2020, in alignment with the regulatory changes made by the 2018 Determination. The ACMA, acting under the authority granted by the Act, consulted with various stakeholders, including the Department of Communications and the Arts, the Community Broadcasting Association of Australia, and the Melbourne community TV broadcasting licensee, among others, before making the instrument. The ACMA concluded that the variation had minimal regulatory impact and did not engage any human rights issues, as assessed under the Human Rights (Parliamentary Scrutiny) Act 2011. Consequently, the instrument was deemed compatible with human rights and was registered on the Federal Register of Legislation, coming into effect on the date of registration.

Scope and Application

The Television Licence Area Plan (Melbourne) Variation 2018 (No. 1) is a legislative instrument made by the Australian Communications and Media Authority (ACMA) under subsection 26(2) of the Broadcasting Services Act 1992 (the Act). The instrument amends the Television Licence Area Plan (Melbourne) 2012, specifically adjusting the channel allotment end dates for the community television broadcasting service in Melbourne. The ACMA made this variation to align with the Radiocommunications (Duration of Community Television Transmitter Licences) Determination 2018, which extended the duration of transmitter licences for community television services in Melbourne until 30 June 2020. The purpose of the instrument is to ensure that the spectrum allotments in the Television Licence Area Plan reflect the extended duration of the transmitter licences, thereby enabling the community television service to continue operating in Melbourne without interruption. The instrument is a disallowable legislative instrument for the purposes of the Legislation Act 2003 and does not incorporate any documents by reference. Before making the instrument, the ACMA consulted with relevant stakeholders, including the Department of Communications and the Arts, the Melbourne community TV broadcasting licensee, and other broadcasters, and concluded that the necessary consultation had been undertaken in accordance with the Legislation Act 2003.

Key Provisions

The main operative sections of the Television Licence Area Plan (Melbourne) Variation 2018 (No. 1) include Section 1, which provides for the instrument to be cited, and Section 4, which varies the Television Licence Area Plan (Melbourne) 2012 by amending channel allotment end dates for transmitter licences for community television broadcasting services in Melbourne. Specifically, the variation extends these end dates by two years to 30 June 2020, as detailed in Schedule 1 of the instrument. This change aligns with the 2018 Determination, which extended the period for which the transmitter licences for Melbourne’s community television broadcasting service remain in force. The obligations imposed by this instrument on the relevant parties primarily involve ensuring that the amended channel allotment end dates are adhered to by the community television broadcasting service in Melbourne. Broadcasters, specifically those holding transmitter licences for community television services in Melbourne, must now operate within the extended timeframe, which allows them to continue transmitting until 30 June 2020. This extension provides these broadcasters with additional time to plan and potentially transition to new broadcasting arrangements as required. The instrument does not explicitly outline specific offences or penalties for non-compliance. However, non-compliance with the terms of the amended licence area plan could potentially lead to regulatory action under the Broadcasting Services Act 1992. The ACMA has the authority to enforce compliance and could take measures against broadcasters who fail to adhere to the specified channel allotment end dates or other terms of their transmitter licences. While the instrument itself does not detail specific penalties, breaches of broadcasting regulations can lead to administrative actions, fines, or other enforcement measures as prescribed by the Act. The maximum penalties for such breaches can vary but may include substantial fines and other corrective actions to ensure compliance with broadcasting regulations.

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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