EXPLANATORY STATEMENT
Approved by the Australian Communications and Media Authority
Broadcasting Services Act 1992
Television Licence Area Plans (South Australia) (Consolidation) Variation 2025 (No.1)
Authority
The Australian Communications and Media Authority (the ACMA) has made the Television Licence Area Plans (South Australia) (Consolidation) Variation 2025 (No.1) (the instrument) under subsection 26(2) of the Broadcasting Services Act 1992 (the Act).
The ACMA may, by legislative instrument, vary a licence area plan (LAP), including a television licence area plan (TLAP), under subsection 26(2) of the Act.
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).
Commercial 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.
Section 102 of the Radcoms Act imposes an obligation on the ACMA to issue, to particular commercial or community broadcasting licensees, a transmitter licence that authorises the operation of radiocommunications transmitters for transmitting the relevant commercial or community broadcasting services (section 102 licences). Subsection 26AA(1) of the Act provides that if a TLAP is applicable to the transmission of commercial television broadcasting services in an area, and those services are provided under a commercial television broadcasting licence, the licensee must not transmit those services otherwise than in accordance with the TLAP.
Under subsection 102AE(1) of the Radcoms Act, two holders of section 102 licences (or a single licensee if it holds section 102 licences related to two commercial broadcasting licences it holds) can request the ACMA to make a declaration under subsection 102AE(3) in relation to two section 102 transmitter licences. The declaration has the effect that, among other things, a specified section 102 licence authorises the operation of a transmitter for the transmission of the commercial broadcasting services provided under two commercial broadcasting licences. If the ACMA declares one section 102 licence to be a ‘consolidated licence’, the other section 102 licence mentioned in the request is taken to be surrendered. The primary purpose of section 102AE of the Radcoms Act is to provide an exception to the ACMA’s obligation under section 102 to issue transmitter licences to each commercial broadcasting licensee.
Subsection 26(1E) to the Act clarifies that a TLAP may allot a channel to two or more commercial television broadcasting licensees. Item 18 of Schedule 1 to the Communications Legislation Amendment (Regional Broadcasting Continuity) Act 2024 includes a transitional provision having the effect that if an existing TLAP is varied only to the extent necessary to allot a channel to two or more particular commercial television broadcasting licensees, the TLAP variation may have retrospective effect.
The ACMA determined the Television Licence Area Plan (Riverland) 2011 (F2011L02772) (Riverland TLAP) and the Television Licence Area Plan (Mount Gambier) 2011 (F2011L02764) (Mount Gambier/South East) on 15 December 2011.
The instrument amends the Riverland TLAP to vary Schedule 1 to allot the same channels to the licensee of both BSL1130145 and BSL1150796, with an allotment date of 18 April 2024. It also makes minor changes to the headings of the tables in Schedule 1 and to the notes to the tables. This includes adding a note to the effect that the one channel may be allotted to two or more different broadcasters, for use in the same part of the one licence area, where the ACMA has made a declaration under section 102AE of the Radcoms Act in relation to the broadcasters’ transmitter licences.
The licensee of both BSL1130145 and BSL1150796 started using the transmitters authorised by the section 102 transmitter licences for only one of those licences from 18 April 2024. As such, in order to regularise the actions of the licensee from that date, the ACMA has made the above changes retrospective. This operates to the benefit of the licensee, to ensure that the appropriate licensing arrangements are taken to have been in place since 18 April 2024, and does not disadvantage any other person.
The instrument also amends the Riverland TLAP to make changes to the channels allotted to the licensee of BSL10174, and to the channels not allotted to any commercial television broadcasting licensee, in Lameroo and Pinnaroo. These changes will reflect current operating conditions and do not have retrospective effect.
The instrument amends the Mount Gambier/South East TLAP to vary Schedule 1 to allot the same channels to the licensee of BSL1130144 and BSL1150799 with an allotment date of 18 April 2024. It also makes changes to the headings of the tables in Schedule 1 and to the notes to the tables. This includes adding a note to the effect that the one channel may be allotted to two or more different broadcasters, for use in the same part of the one licence area, where the ACMA has made a declaration under section 102AE of the Radcoms Act in relation to the broadcasters’ transmitter licences.
The licensee of both BSL1130144 and BSL1150799 started using the transmitters authorised by the section 102 transmitter licences for only one of those licences from 18 April 2024. As such, in order to regularise the actions of the licensee from that date, the ACMA has made the above changes retrospective. This operates to the benefit of the licensee, to ensure that the appropriate licensing arrangements are taken to have been in place since 18 April 2024, and does not disadvantage any other person.
It is a condition of each transmitter licence issued under section 102 of the Radcoms Act that the licensee:
- must not operate a radiocommunications transmitter otherwise than in accordance with any relevant technical specifications determined under subsection 26(1) of the Act (paragraph 109(1)(d) of the Radcoms Act); and
- must comply with guidelines developed by the ACMA under section 33 of the Act (paragraph 109(1)(e) of the Radcoms Act).
Operation of a radiocommunications device is not authorised by an apparatus licence (including a transmitter licence issued under section 102 of the Radcoms Act) if it is not in accordance with the conditions of the licence (subsection 97(4) of the Radcoms Act). Under section 46 of the Radcoms Act, it is an offence, and subject to a civil penalty, to operate a radiocommunications device otherwise than as authorised by a spectrum licence, apparatus licence or a class licence. The Radcoms Act prescribes the following maximum penalties for the offence:
- if the radiocommunications device is a radiocommunications transmitter, and the offender is an individual – imprisonment for 2 years;
- if the radiocommunications device is a radiocommunications transmitter, and the offender is not an individual – 1,500 penalty units (which is $495,000 based on the current penalty unit amount of $330);
- if the radiocommunications device is not a radiocommunications transmitter – 20 penalty units ($6,600).
The Radcoms Act, in subsection 46(3), prescribes the following maximum civil penalties:
- if the radiocommunications device is a radiocommunications transmitter – 300 penalty units ($99,000);
- if the radiocommunications device is not a radiocommunications transmitter – 20 penalty units ($6,600).
It is an offence, and subject to a civil penalty, to possess a radiocommunications device for the purpose of operating the device otherwise than as authorised by a spectrum licence, apparatus licence or class licence (section 47 of the Radcoms Act). The Radcoms Act prescribes the same penalties for this offence and civil penalty contravention as for the offence and civil penalty contravention in section 46 of the Radcoms Act.
In addition, an apparatus licensee must not contravene a condition of the licence. Contravention is subject to a civil penalty (section 113 of the Radcoms Act). The Radcoms Act prescribes a maximum civil penalty of 100 penalty units ($33,000).
It is a condition of each commercial television broadcasting licence that the licensee must comply with subsection 26AA(1) (paragraph 7(1)(s) of Schedule 2 to the BSA). Subsection 26AA(1) provides that a commercial television broadcasting licensee must not transmit commercial television broadcasting services otherwise than in accordance with a TLAP.
It is an offence, and subject to a civil penalty, for a commercial television broadcasting licensee to engage in conduct that breaches this condition (subsections 139(1) and 140A(1) of the BSA). The BSA prescribes a maximum penalty for the offence of 2,000 penalty units ($660,000). The maximum civil penalty is also $660,000 (see subsection 205F(4) of the BSA).
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), and is disallowable.
Item 13 of the table at regulation 12 of the Legislation (Exemptions and Other Matters) Regulation 2015 provides that LAPs, including TLAPs, are not subject to the sunsetting provisions in Part 4 of Chapter 3 of the LA. According to the explanatory statement to that regulation:
Instruments made under section 26 of the Broadcasting Services Act include licence area plans … These instruments provide for the planning of broadcasting services. They are intended to be enduring to provide certainty for industry in making significant investment decisions concerning the provision of broadcasting services in the relevant licence areas.
The Explanatory Memorandum for the Legislative Instruments Bill 2003 stated that some of the rationales for exemption from sunsetting included:
- where the instrument is clearly designed to be enduring and not subject to regular review…
- where commercial certainty would be undermined by sunsetting. For example, the table includes plans of management made under the Fisheries Management Act 1991 – substantial investments are made in reliance on plans that are intended to be in force for substantially longer periods than 10 years.
There are a number of factors that point to the benefit of commercial certainty being undermined if LAPs were to sunset every 10 years, and which suggest that LAPs are intended to be enduring:
- Broadcasting services have been provided in Australia since the first half of the twentieth century, and continue to be a significant part of daily life in Australia.
- There is no express power to revoke a LAP. The bulk of the services provided are intended to be for long duration. Commercial and community broadcasting licences are allocated for five years, and are subject to regular renewal after that time. Under section 47 of the Act, the ACMA must renew commercial broadcasting licences unless it is satisfied that allowing the licensee to continue to provide commercial broadcasting services would lead to a significant risk of an offence or a breach of a civil penalty provision under the Act occurring, or a breach of the licence conditions occurring. The regulatory regime clearly intends that generally, once commenced, these services continue uninterrupted, where possible.
- A person must not be in a position to exercise control of more than two commercial radio broadcasting licences, or one commercial television broadcasting licence, in the same licence area (sections 53 and 54 of the Act). Particular considerations apply to overlapping licence areas (section 51 of the Act). A change to a licence area may cause section 51 of the Act to operate in circumstances where it did not previously operate, and place a person in breach of section 53 or section 54 of the Act.
- The provision of broadcasting services involves the deployment of significant infrastructure, especially the radiocommunications transmitters used to provide the service that are planned in licence area plans. The ACMA’s latest annual report states that, as at 19 November 2024, there were 261 commercial radio broadcasting licences, 68 commercial television broadcasting licences and 361 community radio broadcasting licences in force. Combined with the national broadcasters and open radio narrowcasting services, this is a substantial group of stakeholders who would be compelled to make submissions to advance their interests and protect their significant investments if LAPs were to sunset and be remade every 10 years.
Parliament continues to have oversight of variations to LAPs, as these instruments are subject to disallowance under the LA. It also has oversight through other mechanisms (e.g., the relevant Senate Estimates Committee). The Minister has the power to give the ACMA a direction about the exercise of the ACMA’s powers to make or vary a LAP for a particular area (see subsection 26(8) of the Act).
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.
Before making the decision to vary the Riverland TLAP and Mount Gambier/South East TLAP, the ACMA published a consultation paper on its website on 6 August 2025, which provided the background to the proposal. The following stakeholders were notified by email about the release of the consultation paper:
- television broadcasting licensees in the Riverland TV1 and Mount Gambier TV1 licence areas;
- national broadcasters;
- the peak industry bodies Free TV Australia, Community Broadcasting Association of Australia, and Australian Narrowcast Radio Association;
- State and Federal members of Parliament whose electorates include the Riverland and Mount Gambier/South East areas, and civic bodies including local councils, shire libraries and community associations.
The consultation period ended on 27 August 2025 and one submission was received from a member of the public. The submission raised no concerns or objections to the proposal. The ACMA has decided not to make any changes to the instrument.
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 amends the Riverland TLAP to vary Schedule 1 to allot the same channels to the licensee of both BSL1130145 and BSL1150796, with an allotment date of 18 April 2024. It also makes minor changes to the headings of the tables in Schedule 1 and to the notes to the tables. It also makes changes to the channels allotted to the licensee of BSL10174, and to the channels not allotted to any commercial television broadcasting licensee, in Lameroo and Pinnaroo. These changes will reflect current operating conditions.
The instrument amends the Mount Gambier/South East TLAP to vary Schedule 1 to allot the same channels to the licensee of both BSL1130144 and BSL1150799 with an allotment date of 18 April 2024. It also makes changes to the headings of the tables in Schedule 1 and to the notes to the tables.
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.
This instrument allows the licensees to transmit their services more efficiently and to save on equipment and transmission costs, by reducing the number of transmitters used to provide the same number of television services. It does not alter the content or the availability of the programs to the viewers. The ACMA considers that the impact of the instrument will be of a technical nature and will not impact the ability of broadcasters to reach viewers, nor the nature or type of content that is available to them. In these circumstances, and having considered 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 Plans (South Australia) (Consolidation) Variation 2025 (No.1)
Section 1 Name
This section provides for the instrument to be cited as the Television Licence Area Plans (South Australia) (Consolidation) Variation 2025 (No.1).
Section 2 Commencement
This section provides for the commencement of the instrument. It specifies that:
- sections 1 to 3, subsection 4(2), Schedule 2, and any other provisions not covered elsewhere commence on the day after the instrument is registered.
- subsection 4(1) and Schedule 1 commence on 18 April 2024.
The Federal Register of Legislation may be accessed, free of charge, at www.legislation.gov.au.
Section 3 Authority
This section identifies the provision of the Act that authorises the making of the instrument, namely subsection 26(2) of the Act.
Section 4 Variations
This section provides for the variation of the following instruments:
- the Riverland TLAP (F2011L02772)
- the Mount Gambier/South East TLAP (F2011L02764)
These instruments are amended as set out in Schedule 1. Additionally, the Riverland TLAP is amended as set out in Schedule 2.
Schedule 1–Variations for declarations under section 102AE of Radiocommunications Act 1992
Television Licence Area Plan (Mount Gambier/South East) 2011 (F2011L02764)
Item 1
This item repeals the heading for item 2 of Schedule 1 to the Mount Gambier/South East TLAP and substitutes a new heading, “Table 1.2 – Unallotted channels”, to clarify the nature of the table.
Item 2
This item repeals and substitutes sub-item 2(1) of Schedule 1 to the Mount Gambier/South East TLAP, including the note, to clarify that no commercial television broadcasting licence is specified for the table. This improves transparency and removes outdated references.
Item 3
This item omits the date “2 Apr 2012” from column 2 of the table in sub-item 2(3) of Schedule 1 to the Mount Gambier/South East TLAP, removing the channel allotment end date for the channels planned in the table.
Item 4
This item updates the heading for item 3 of Schedule 1 to the Mount Gambier/South East TLAP by adding a reference to licence number BSL 1150799, reflecting the inclusion of an additional commercial television broadcasting licence whose services may be transmitted using the channels planned in the table in item 3.
Item 5
This item repeals and substitutes sub-item 3(1) of Schedule 1 to the Mount Gambier/South East TLAP, including the note, to specify that the commercial television broadcasting licences for the table are BSL1130144 and BSL1150799. The accompanying notes clarify the legal basis for the ACMA’s decisions under subsection 102AE of the Radcoms Act and identify the relevant licence area.
Item 6
This item adds a new note after sub-item 3(3) of Schedule 1 to the Mount Gambier/South East TLAP to clarify that a single channel may be allotted to multiple broadcasters operating in the same part of the licence area, where the ACMA has made a declaration under section 102AE of the Radcoms Act.
Television Licence Area Plan (Riverland) 2011 (F2011L02772)
Item 7
This item repeals the heading for item 2 of Schedule 1 to the Riverland TLAP and substitutes a new heading, “Table 1.2 – Unallotted channels”, to clarify the nature of the table.
Item 8
This item repeals and substitutes sub-item 2(1) of Schedule 1 to the Riverland TLAP, including the note, to clarify that no commercial television broadcasting licence is specified for the table. This improves transparency and removes outdated references.
Item 9
This item omits the date “2 Apr 2012” from column 2 of the table in sub-item 2(3) of Schedule 1 to the Riverland TLAP, removing the channel allotment end date for the channels planned in the table.
Item 10
This item updates the heading for item 3 of Schedule 1 to the Riverland TLAP by adding a reference to licence number BSL 1150796, reflecting the inclusion of an additional commercial television broadcasting licence whose services may be transmitted using the channels planned in the table in item 3.
Item 11
This item repeals and substitutes sub-item 3(1) of Schedule 1 to the Riverland TLAP, including the note, to specify that the commercial television broadcasting licences for the table are BSL1130145 and BSL1150796. The accompanying notes clarify the legal basis for the ACMA’s decisions under subsection 102AE of the Radcoms Act and identify the relevant licence area.
Item 12
This item adds a new note after sub-item 3(3) of Schedule 1 to the Riverland TLAP to clarify that a single channel may be allotted to multiple broadcasters operating in the same part of the licence area, where the ACMA has made a declaration under section 102AE of the Radcoms Act .
Schedule 2–Other variations
Television Licence Area Plan (Riverland) 2011 (F2011L02772)
Item 1
This item repeals and substitutes table item 3 in sub-item 1(3) of Schedule 1 to the Riverland TLAP, to update the technical specifications for the Lameroo transmission site.
Item 2
This item repeals and substitutes table item 5 in sub-item 1(3) of Schedule 1 to the Riverland TLAP, to update the technical specifications for the Pinnaroo transmission site.
Item 3
This item adds sub-item 1(4) to Schedule 1 to the Riverland TLAP, to define “the 2025 date” as the commencement date of Schedule 2 to the instrument.
Item 4
This item repeals and substitutes table item 3 in sub-item 2(3) of Schedule 1 to the Riverland LAP, to update the technical specifications for the Lameroo transmission site.
Item 5
This item repeals and substitutes table item 5 in sub-item 2(3) of Schedule 1 to the Riverland LAP, to update the technical specifications for the Pinnaroo transmission site.