Variation to Licence Area Plan – Cairns Radio – 2018 (No.1)

Administered by Department of Communications and the Arts

Legislation au F2018L00729 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Approved by the Australian Communications and Media Authority

Broadcasting Services Act 1992

Variation to Licence Area Plan – Cairns Radio – 2018 (No.1)

Authority

The Australian Communications and Media Authority (the ACMA) has made the Variation to Licence Area Plan – Cairns Radio – 2018 (No. 1) (the instrument) under subsection 26(2) of the Broadcasting Services Act 1992 (the Act).

The ACMA may, by legislative instrument, vary licence area plans (LAPs) under subsection 26(2) of the Act.

Purpose and operation of the instrument

LAPs determine the number and characteristics, including technical specifications, of broadcasting services that are to be available in particular areas of Australia with the use of the broadcasting services bands.

The Australian Broadcasting Authority made the Licence Area Plan - Cairns (Radio) – October 1997 (F2005B00745) on 18 October 1997 (Cairns LAP).

The instrument varies the characteristics, including technical specifications, of radio broadcasting services in the Cairns area of Northern Queensland including by varying the technical specifications of a community broadcasting service.

The instrument also updates some transmitter site nominal locations, Australian Map Grid references for transmitters and special conditions for commercial and community radio broadcasting services.

Further details regarding the instrument are set out in Attachment A. The instrument is a disallowable legislative instrument for the purposes of the Legislation Act 2003 (the LA).

Document incorporated by reference

The instrument incorporates the Broadcasting Services (Technical Planning) Guidelines 2017, as in force from time to time.

The Broadcasting Services (Technical Planning) Guidelines 2017 may be accessed from the Federal Register of Legislation: www.legislation.gov.au.

The instrument also refers to areas defined by the Australian Bureau of Statistics (ABS) in its Census of 8 August 2006. As permitted by paragraph 14(1)(b) of the LA, these areas are incorporated from that Census as it existed at the day the instrument commenced. The areas defined in the Census of 8 August 2006 may be accessed, free of charge, through the Australian Standard Geographical Classification 2006 which is published on the website of the ABS at: www.abs.gov.au.

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 Cairns LAP, the ACMA invited comment on a consultation paper which provided the background to the proposal by publishing it on the ACMA website on 12 March 2018. The ACMA also wrote to broadcasting licensees within the Licence Area Plan and radio broadcasting licensees in adjacent radio licence areas inviting comment on the proposal to vary the Cairns LAP.

The consultation period ended on 6 April 2018 and the ACMA received no submissions.

Regulatory impact assessment

The Office of Best Practice Regulation (OBPR), in a guidance note titled “Carve-outs” (available at: https://www.dpmc.gov.au/resource-centre/regulation/carve-outs-guidance-note), has established a “carve-out” for variations to LAPs where those variations are unlikely to have more than a minor regulatory impact (OBPR reference number: 13301). A carve-out is a standing agreement between OBPR and a government agency which sets aside the requirement for a preliminary assessment to be sent to OBPR for certain types of proposed regulatory change. The ACMA has formed the opinion that the instrument falls within the terms of the carve-out with OBPR reference number 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

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 Variation to Licence Area Plan
– Cairns Radio – 2018 (No.1)

Section 1 Name

This section provides for the instrument to be cited as the Variation to Licence Area Plan – Cairns Radio – 2018 (No.1).

Section 2 Commencement

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

The Federal Register of Legislation may be accessed 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 Variation

This section varies the Cairns LAP as set out in paragraphs (a) and (b).

Paragraph 4(a) and Schedule 1

Paragraph 4(a) repeals Schedule Four and substitutes Schedule Four at Schedule 1 to the instrument.

Paragraph 4(b) and Schedule 2

Paragraph 4(b) repeals and substitutes new Attachments 1.1 to 1.9, 1.14 to 1.23, 1.25 to 1.27, 2.2 2.3, 3.1, and 4.1 and 4.2 at Schedule 2 to the instrument.

This paragraph removes references to “Licence Area IDs’ in Attachments 1.1, 2.1, 3.1 and 4.1 and varies the technical specifications of a planned but unallocated community broadcasting service at Attachment 4.2 in the Mossman RA1 licence area.

Minor amendments to the descriptions of nominal locations of transmitter sites, to Australian Map Grid references, advisory notes and special conditions have been made in some of the Attachments. In each case the information has been updated to better reflect current operations or for ease of reference only. These amendments do not signify a change to the planned performance of the relevant transmitter.

Overview

The Variation to Licence Area Plan – Cairns Radio – 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). This instrument serves to adjust the characteristics, including technical specifications, of radio broadcasting services in the Cairns area of Northern Queensland. It specifically updates the technical specifications for a community broadcasting service and makes minor amendments to transmitter site locations, Australian Map Grid references, advisory notes, and special conditions for both commercial and community radio broadcasting services. This alteration is aimed at ensuring the continued effective and efficient operation of radio services in the region, aligning them with current technical standards and operational practices. The instrument incorporates the Broadcasting Services (Technical Planning) Guidelines 2017 and areas defined by the Australian Bureau of Statistics in its Census of 8 August 2006. The ACMA undertook consultation with relevant stakeholders prior to making the instrument, although no submissions were received. The ACMA has determined that the instrument is compatible with human rights, as it does not engage any of the rights and freedoms recognised by the applicable international instruments.

Scope and Application

The Variation to Licence Area Plan – Cairns Radio – 2018 (No. 1) is an instrument made by the Australian Communications and Media Authority (ACMA) under subsection 26(2) of the Broadcasting Services Act 1992. This instrument pertains to the variation of licence area plans (LAPs) for radio broadcasting services in the Cairns area of Northern Queensland, including the technical specifications of a community broadcasting service. The primary objective is to update certain technical specifications, transmitter site locations, Australian Map Grid references, and special conditions for both commercial and community radio broadcasting services. The instrument incorporates the Broadcasting Services (Technical Planning) Guidelines 2017 and references areas defined by the Australian Bureau of Statistics from the 2006 Census. It applies specifically to the Cairns region and comes into effect on the day it is registered on the Federal Register of Legislation. The instrument does not apply to any other areas outside the specified Cairns licence area and does not affect broadcasting services outside this region. There are no stated exclusions, exemptions, or thresholds in this instrument, and it does not extend or restrict application through subordinate instruments beyond what is specified in the text.

Key Provisions

The Variation to Licence Area Plan – Cairns Radio – 2018 (No. 1) made by the Australian Communications and Media Authority (ACMA) under section 26(2) of the Broadcasting Services Act 1992 primarily seeks to update and refine the technical specifications and operational parameters of radio broadcasting services in the Cairns region of Northern Queensland. Specifically, the instrument amends Schedule Four and various Attachments of the existing Licence Area Plan (LAP) for Cairns radio, altering technical specifications for a community broadcasting service in the Mossman RA1 licence area (Section 4(a) and Schedule 1). Additionally, it updates nominal locations of transmitter sites, Australian Map Grid references, and certain special conditions for both commercial and community radio broadcasting services (Section 4(b) and Schedule 2). Under the Act, the ACMA is required to ensure that broadcasting services are efficiently managed and that the broadcasting services bands are used effectively. By varying the technical specifications and other details within the Cairns LAP, the ACMA aims to maintain the quality and reliability of radio services in the area while accommodating any changes in operational requirements or technological advancements. This includes ensuring that the technical parameters for community broadcasting services are appropriate and that all modifications align with current industry standards and practices. Entities governed by this Act, particularly broadcasting licensees in the Cairns area, are obligated to comply with the updated technical specifications and operational conditions outlined in the revised LAP. They must ensure that their broadcasting activities adhere to the new parameters, which may include adjusting transmitter sites, altering technical settings, or updating operational protocols to match the revised guidelines. Additionally, these entities must keep abreast of any changes to the LAP to ensure ongoing compliance with the Act's requirements. Failure to comply with the provisions of the revised LAP could result in regulatory action against the offending entity. Although the explanatory statement does not specify particular offences or penalties, breaches of broadcasting regulations under the Broadcasting Services Act 1992 can generally lead to enforcement actions, including fines, licence revocations, or other administrative penalties. The severity of these consequences would depend on the nature and extent of the breach, as well as any precedents set by previous cases under the Act.

Area of Law: Broadcasting Law
Instrument: Legislative Instrument
Concepts: Definitions & Interpretation; Regulatory Standards; Consultation Requirements

Interactions

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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