EXPLANATORY STATEMENT
Approved by the Australian Communications and Media Authority
Broadcasting Services Act 1992
Television Licence Area Plan (Regional Victoria) Variation 2016 (No. 1)
Authority
The Australian Communications and Media Authority (the ACMA) makes the Television Licence Area Plan (Regional Victoria) 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 amend technical specifications for commercial and national television services at specified locations; to update channel assignments; 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:
- a draft variation to the Television Licence Area Plan (Regional Victoria) 2012
- 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 Victoria 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 variations 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 in 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 Victoria) 2012. The variations are to the characteristics, including technical specifications, of television broadcasting services in the Regional Victoria licence area 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 Victoria) Variation 2016 (No. 1)
Section 1 Name
This section provides for the instrument to be cited as the Television Licence Area Plan (Regional Victoria) 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 relevant 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 Victoria) 2012
This section provides that the Television Licence Area Plan (Regional Victoria) 2012 (Registration No. F2012L02454) 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 amending technical specifications for an existing service at Howqua.
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.
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 amending technical specifications for an existing service at Howqua.
Item 7
This item amends subclause 4(3) in Schedule 1, removing redundant events and circumstances.
Item 8
The table contained in item 8 replaces table 1.4 at clause 4 in Schedule 1, removing obsolete channel allotment end dates and amending technical specifications for an existing service at Howqua.
Item 9
This item amends subclause 1(3) in Schedule 2, removing redundant events and circumstances.
Item 10
The table contained in item 10 replaces table 2.1 at clause 1 in Schedule 2, removing obsolete channel allotment end dates and amending technical specifications for existing services at Apollo Bay and Genoa.
Item 11
This item amends subclause 2(3) in Schedule 2, removing redundant events and circumstances.
Item 12
The table contained in item 12 replaces table 2.2 at clause 2 in Schedule 2, removing obsolete channel allotment end dates.
Item 13
This item amends subclause 1(3) in Schedule 3, removing redundant events and circumstances.
Item 14
The table contained in item 14 replaces table 3.1 at clause 1 in Schedule 3, removing obsolete channel allotment end dates and redundant channels, and amending technical specifications for existing services at Apollo Bay and Howqua.