Television Licence Area Plan (Regional Queensland) Variation 2016 (No. 1)

Administered by Department of Communications and the Arts

Legislation au F2016L01633 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 (Regional Queensland) Variation 2016 (No. 1)

Authority

The Australian Communications and Media Authority (the ACMA) makes the Television Licence Area Plan (Regional Queensland) Variation 2016 (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 instrument is intended to add channels for new commercial television services at a specified location; to update a channel assignment; and to remove obsolete channel allotments and redundant events, circumstances and conditions in the instrument following the completion of the restack of digital television services at the end of 2014.

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

Before the instrument was made, the ACMA was satisfied that consultation was undertaken to the extent appropriate and reasonably practicable, in accordance with section 17 of the LA. 

On 14 July 2016, the ACMA published the following papers on its web site:

  1. a draft variation to the Television Licence Area Plan (Regional Queensland) 2012
  2. a discussion paper detailing the proposed variations to the instrument and inviting comment by 12 August 2016.

On 14 July 2016, the ACMA also wrote to the affected regional broadcasting licensees, industry bodies and infrastructure providers in the Regional Queensland licence area to advise them of the release of the draft variation and to invite their comments by 12 August 2016.

The ACMA received one submission in response to the consultation. The submission did not comment on the proposed changes but requested an administrative update to some schedules in the instrument. The ACMA has updated the schedules in the instrument and a description of the changes is included the notes at Attachment A.

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 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 (Regional Queensland) 2012. The variations are to the characteristics, including technical specifications, of television broadcasting services in the Regional Queensland licence area to provide for a new commercial service, to remove obsolete  channel allotments and to amend the technical characteristics of some existing services in that area.

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 (Regional Queensland) Variation 2016 (No. 1)

Section 1 Name

This section provides for the instrument to be cited as the Television Licence Area Plan (Regional Queensland) Variation 2016 (No. 1).

Section 2 Commencement

This section provides for the instrument to commence at the start of the day after it is registered. 

Section 3 Authority

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

Section 4 Variation to the Television Licence Area Plan (Regional Queensland) 2012

This section provides that the Television Licence Area Plan (Regional Queensland) 2012 (Registration No F2012L02530) is varied as set out in Schedule 1 to the instrument.

 

Schedule 1 Amendments

Item 1

This item amends subclause 1(3) in Schedule 1, removing redundant events and circumstances.

Item 2

The table contained in item 2 replaces table 1.1 at clause 1 in Schedule 1, removing obsolete channel allotment end dates and adding technical specifications for a new service at Emerald.

Item 3

This item amends subclause 2(3) in Schedule 1, removing redundant events and circumstances.

Item 4

The table contained in item 4 replaces table 1.2 at clause 2 in Schedule 1, removing obsolete channel allotment end dates and adding technical specifications for new services at Emerald.

Item 5

This item amends subclause 3(3) in Schedule 1, removing redundant events and circumstances.

Item 6

The table contained in item 6 replaces table 1.3 at clause 3 in Schedule 1, removing obsolete channel allotment end dates and adding technical specifications for new services at Emerald.

Item 7

This item amends subclause 1(3) in Schedule 2, removing redundant events and circumstances.

Item 8

The table contained in item 8 replaces table 2.1 at clause 1 in Schedule 2, removing obsolete channel allotment end dates.

Item 9

This item amends subclause 2(3) in Schedule 2, removing redundant events and circumstances.

Item 10

The table contained in item 10 replaces table 2.2 at clause 2 in Schedule 2, removing obsolete channel allotment end dates.

Item 11

This item amends subclause 1(3) in Schedule 3, removing redundant events and circumstances.

Item 12

The table contained in item 12 replaces table 3.1 at clause 1 in Schedule 3, removing obsolete channel allotment end dates and redundant retransmission services.

 

 

 

 

Overview

The Broadcasting Services Act 1992 was enacted to regulate broadcasting services in Australia, ensuring a diverse and competitive media environment. The Act was introduced to address the need for a comprehensive regulatory framework governing broadcasting services, including television, radio, and digital platforms, in light of technological advancements and changing consumer preferences. The Australian Communications and Media Authority (ACMA) is the enacting body responsible for administering the Act, and its policy objective is to facilitate efficient and effective broadcasting services that serve the public interest. The ACMA has the authority to make legislative instruments, such as the Television Licence Area Plan (Regional Queensland) Variation 2016 (No. 1), under subsection 26(2) of the Act to modify licence area plans and allocate channels for broadcasting services. This specific instrument aims to update the Regional Queensland licence area plan by adding channels for new commercial television services, updating channel assignments, and removing obsolete channel allotments following the completion of the digital television restack in 2014. The ACMA consulted relevant stakeholders before making the instrument and determined that no further regulatory impact analysis was required as the changes were deemed to have a minor regulatory impact.

Scope and Application

The Television Licence Area Plan (Regional Queensland) Variation 2016 (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 applies to the Television Licence Area Plan (Regional Queensland) 2012, varying its characteristics to include technical specifications for new and existing television broadcasting services in the Regional Queensland licence area. The primary objective is to add channels for new commercial television services, update channel assignments, and eliminate obsolete channel allotments and redundant events, circumstances, and conditions, following the completion of the restack of digital television services at the end of 2014. The instrument does not incorporate any documents by reference and is a legislative instrument for the purposes of the Legislation Act 2003. The ACMA deemed consultation appropriate and reasonably practicable, publishing a draft variation and a discussion paper on its website and receiving one submission requesting administrative updates, which have been incorporated into the instrument. No further regulatory impact analysis was required as the changes are considered minor, and a statement of compatibility with human rights confirms that the instrument does not engage any of the rights and freedoms recognised under the Human Rights (Parliamentary Scrutiny) Act 2011.

Key Provisions

The Television Licence Area Plan (Regional Queensland) Variation 2016 (No. 1) introduces specific changes to the Television Licence Area Plan (Regional Queensland) 2012, primarily targeting the technical specifications and allotment of channels for television broadcasting services in Regional Queensland (Section 4). These changes include adding new channels for commercial television services at Emerald, updating channel assignments, and removing outdated channel allotments and obsolete conditions following the completion of the digital television restack at the end of 2014. Such alterations ensure the plan reflects current broadcasting requirements and technological advancements. The Act imposes several obligations on broadcasters and other entities operating within the Regional Queensland licence area. Broadcasters must adhere to the updated technical specifications for their services, as outlined in the amended plan. This includes complying with new channel allotments and ensuring that their services align with the specified technical parameters (Schedule 1, Items 2 and 4; Schedule 2, Items 2 and 4; Schedule 3, Item 2). Additionally, any entity that relies on the licence area plan for the allocation of spectrum must ensure their operations do not conflict with the new provisions. This is crucial for maintaining the integrity and efficiency of the broadcasting services in the region. Breaches of the provisions set out in the Television Licence Area Plan (Regional Queensland) Variation 2016 (No. 1) can result in significant consequences. While the explanatory statement does not explicitly list penalties, violations of the Broadcasting Services Act 1992, under which this variation operates, can lead to enforcement actions by the Australian Communications and Media Authority (ACMA). These actions can include fines, licence suspensions, or even revocations, depending on the severity and nature of the breach. The potential penalties are intended to ensure compliance with broadcasting regulations and to maintain the standards of service delivery within the specified licence area.

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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.