Television Licence Area Plan (Melbourne) Variation 2021 (No. 1)

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2021L00918 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 2021 (No. 1)

 

Authority

The Australian Communications and Media Authority (the ACMA) has made the Television Licence Area Plan (Melbourne) Variation 2021 (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 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 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

Consultation was not undertaken in respect of the instrument for the following reasons.

Community television broadcasting services that transmit in the BSBs are authorised to operate radiocommunications transmitters by a transmitter licence issued under section 102 of the Radiocommunications Act 1992 (the Radcoms Act) and a channel allotment in a TLAP. Transmitter licences for the Melbourne community television broadcasting service were due to cease effect on 30 June 2021, in accordance with the Radiocommunications (Duration of Community Television Transmitter Licences) Determination 2018 (Determination), made under subparagraph 103(4A)(c)(ii) of the Radcoms Act (which has since been repealed). The Determination set the date after which the transmitter licences for most community television broadcasting services would cease 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 2021.

On 29 June 2021, the Broadcasting Legislation Amendment (2021 Measures No. 1) Act (Amendment Act) received Royal Assent. On the following day, the Amendment Act amended paragraph 103(4A)(c) of the Radcoms Act, such that transmitter licences issued under section 102 of the Radcoms Act to most community television broadcasting licensees will continue until, and will not have effect after, 30 June 2024. This ACMA has varied the Melbourne TLAP to align the channel allotment end dates for transmitter licences for the community television broadcasting service to 30 June 2024.

As:

  • the instrument must take effect before 1 July 2021 for the community television broadcasting licensee in Melbourne to continue operation lawfully;
  • the Amendment Act did not receive Royal Assent until 29 June 2021; and
  • the Amendment Act includes in the Radcoms Act a statement of Parliament’s intention that access to the BSBs be made available for community television broadcasting services in Melbourne until 30 June 2024,

the ACMA considered that it would not be appropriate or reasonably practicable to undertake consultation. 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, of a machinery kind, that is wholly in line with the Amendment Act.

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 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 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 variation amends the channel allotment end dates for transmitter licences for the community television broadcasting service in the Melbourne licence area. Those ends dates have been extended by 36 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 2021 (No. 1)

Section 1 Name

This section provides for the instrument to be cited as the Television Licence Area Plan (Melbourne) Variation 2021 (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

This item replaces the dates in column 3 of table 3.2 at clause 2 in Schedule 3 to the Television Licence Area Plan (Melbourne) 2012, amending the channel allotment end dates for the Melbourne community television service to 30 June 2024.

Overview

The Broadcasting Services Act 1992 was enacted to regulate broadcasting services in Australia, providing a framework for the allocation of broadcasting services and the licensing of broadcasters. This Act was introduced to address the need for a comprehensive legislative structure to manage broadcasting services across the country, ensuring that the spectrum was efficiently allocated and that broadcasters operated within legal parameters. The Australian Communications and Media Authority (ACMA), established under the Act, was tasked with the responsibility of administering and enforcing the provisions of the Act, including the creation and variation of Television Licence Area Plans (TLAPs). The Television Licence Area Plan (Melbourne) Variation 2021 (No. 1), made by the ACMA under the authority of the Act, demonstrates the legislative framework's adaptability in response to changing circumstances, such as the extension of transmitter licence durations for community television broadcasting services in Melbourne. This variation aimed to align the channel allotment end dates with legislative amendments, thereby ensuring continued lawful operation of existing services.

Scope and Application

The Television Licence Area Plan (Melbourne) Variation 2021 (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. This instrument amends the channel allotment end dates for the community television broadcasting service in Melbourne, extending them by 36 months to align with the recent legislative changes. The variation directly affects the channel allotment end dates specified in the Television Licence Area Plan (Melbourne) 2012, which previously aligned with the transmitter licence cessation dates under the Radiocommunications Act 1992. The geographic reach of this instrument is limited to the Melbourne licence area, impacting community television broadcasters operating within this region. As the instrument does not introduce new regulatory requirements beyond the specified date changes, there are no stated exclusions or thresholds. The ACMA did not undertake consultation for this instrument, considering it a minor regulatory step necessary to ensure compliance with the recent legislative amendments. The instrument is a disallowable legislative instrument under the Legislation Act 2003, and no further regulatory impact analysis was required as the changes are deemed to have a minor regulatory impact. The instrument is also deemed compatible with human rights, as it does not engage any rights or freedoms under the international instruments recognised by the Human Rights (Parliamentary Scrutiny) Act 2011.

Key Provisions

The Television Licence Area Plan (Melbourne) Variation 2021 (No. 1) (the instrument) modifies the Television Licence Area Plan (Melbourne) 2012. This legislative instrument, made under subsection 26(2) of the Broadcasting Services Act 1992 (the Act), adjusts the channel allotment end dates for the community television broadcasting service in Melbourne. Specifically, Section 4 of the instrument specifies the changes to the Television Licence Area Plan (Melbourne) 2012, extending the channel allotment end dates for community television services from 30 June 2021 to 30 June 2024 (Schedule 1, Item 1). The obligations imposed by this instrument primarily concern the Australian Communications and Media Authority (ACMA). The ACMA must ensure that the amended channel allotment end dates are correctly reflected in the Television Licence Area Plan (Melbourne) 2012. This adjustment is necessary to align with recent legislative changes, specifically those made by the Broadcasting Legislation Amendment (2021 Measures No. 1) Act, which extended the duration of transmitter licences for community television services in Melbourne. There are no specific offences, penalties, or civil/criminal consequences outlined in the instrument for breaching the amended channel allotment end dates. However, any failure by the ACMA to implement these changes accurately could potentially lead to non-compliance with the amended legislative framework, which in turn might necessitate further corrective actions by the authority to ensure that community television services remain compliant with the updated licensing requirements. The primary consequence of non-compliance would be the cessation of broadcasting services, as the transmitter licences would no longer be valid after the new end date of 30 June 2024.

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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.