Variation to Licence Area Plan – Darwin and Katherine Television and Radio – No. 1 of 2012

Administered by Department of Communications and the Arts

Legislation au F2012L01496 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

ISSUED BY THE AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY

 

VARIATION TO LICENCE AREA PLAN – DARWIN AND KATHERINE TELEVISION AND RADIO –  
NO.1 OF 2012

 

BROADCASTING SERVICES ACT 1992

 

In accordance with the Australian Communications and Media Authority Act 2005, since 1 July 2005, the Australian Communications and Media Authority (ACMA) has exercised powers and functions under the Broadcasting Services Act 1992 (BSA) previously exercised by the Australian Broadcasting Authority (ABA).

The ACMA has made a variation to the Licence Area Plan – Darwin and Katherine Television and Radio – October 1995.  The variation was made under subsection 26(2) of the BSA and is referred to in this explanatory statement as “the variation”.

 

The licence area plan and variations

The ACMA prepares Licence Area Plans (LAPs) under subsection 26(1) of the BSA. 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 ACMA may, by legislative instrument, vary LAPs under subsection 26(2) of the BSA.

The ABA made the Licence Area Plan – Darwin and Katherine Television and Radio – October 1995 on 17 October 1995.

It is referred to in this explanatory statement as “the Darwin LAP”.

 

Intended impact and effect

The variation removes the television specifications from the Darwin LAP, and renames the Darwin LAP as the Licence Area Plan – Darwin Radio.

A new LAP for Darwin Television using 2006 ABS census data has been determined and named Licence Area Plan – Darwin Television (the new Darwin Television LAP).

 

Regulatory impact analysis

The ACMA’s Best Practice Coordinator has considered the matter and referred it to the Office of Best Practice Regulation (OBPR). The OBPR formed the opinion that the variation is likely to have no or low impact on business or the economy, and neither a regulation impact statement nor a business cost calculator report is necessary in relation to the regulatory proposal.

 

The OBPR issued an exemption reference number: 2011/12980.

 

Consultation and submissions

Before making the decision to vary the Darwin LAP, the ACMA undertook the following consultation:

  • On 15 December 2011, the ACMA wrote to the commercial television broadcasting licensees and national television broadcasters in Darwin alerting them to the proposed variation and inviting comment.
  • On 20 December 2011, the ACMA published a media release seeking comment on the proposed variation.
  • On 20 December 2011, the ACMA published the following papers on its website:
    • a draft variation to the Darwin LAP;
    • a draft Darwin Television LAP; and
    • an explanatory paper about the draft variation to the Darwin LAP and the draft Darwin Television LAP, which invited public comment by 27 January 2012.
  • On 21 December 2011, the ACMA placed an advertisement in Northern Territory News and Katherine Times newspapers, outlining the draft variation to the Darwin LAP, providing details of how to obtain copies of the draft variation and inviting public comment.
  • No submissions were received on the draft variation to the Darwin LAP.

 

Description of the provisions of the variation

Clause 1

Clause 1 identifies that the ACMA makes the variation under subsection 26(2) of the BSA.

Clause 2

Clause 2 names the variation the Variation to Licence Area Plan – Darwin and Katherine Television and Radio – No. 1 of 2012.

Clause 3

Clause 3 provides that the variation commences the day after it is registered on the Federal Register of Legislative Instruments.

Paragraph 4(a)

Paragraph 4(a) renames the Darwin LAP the “Licence Area Plan – Darwin Radio”.

Paragraph 4(b)

Paragraph 4(b) omits the second paragraph on page one of the Darwin LAP.  This paragraph deals with planning for television broadcasting services in Darwin, which is now dealt with by the new Darwin Television LAP.

Paragraph 4(c)

Paragraph 4(c) omits Schedule One of the Darwin LAP, which dealt with planning for television broadcasting services.

Paragraph 4(d)

Paragraph 4(d) omits the heading “Licence Area Plan - Darwin & Katherine (Radio) - October 1995” and substitutes the heading “Licence Area Plan - Darwin Radio - October 1995” in Schedules Two, Three and Four of the Darwin LAP. 

Paragraph 4(e)

Paragraph 4(e) omits Attachments 1.1 to 1.17 of the Darwin LAP, which planned transmitters for television broadcasting services.

Paragraph 4(f)

Paragraph 4(f) inserts the word “Radio” after the word “Darwin” in the heading of each of Attachments 2.1, 2.2, 2.3, 2.4, 2.5, 2.6, 2.7, 2.8, 2.9, 2.10, 2.11, 2.12, 2.13, 2.14, 2.15, 2.16, 2.17, 2.18, 2.19, 2.20, 2.21, 2.22, 2.23, 3.1, 3.2, 3.3, 4.1, 4.2, 4.3, 4.4, 4.5, 4.6, 5.1, 5.2, 5.3 and 5.4 of the Darwin LAP.  This is to reflect that the Darwin LAP now deals solely with radio broadcasting services.

 

 

 


Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Variation to Licence Area Plan – Darwin and Katherine Television and Radio – No. 1 of 2012

This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the legislative instrument

The legislative instrument varies the Darwin LAP by way of removing the television specifications from the Darwin LAP, and renaming the Darwin LAP as the Licence Area Plan – Darwin Radio.

 

Human rights implications

This legislative instrument does not engage any of the applicable rights or freedoms.

 

Conclusion

This legislative instrument is compatible with human rights as it does not raise any human rights issues.

 

Australian Communications and Media Authority

 

Overview

The Variation to Licence Area Plan – Darwin and Katherine Television and Radio – No. 1 of 2012 was enacted under the Broadcasting Services Act 1992 (BSA). This legislation was introduced to update the broadcasting landscape in Darwin and Katherine by removing the television specifications from the existing Licence Area Plan (LAP) and renaming it as the Licence Area Plan – Darwin Radio. This variation was made by the Australian Communications and Media Authority (ACMA), which exercises powers and functions under the BSA previously exercised by the Australian Broadcasting Authority (ABA). The primary policy objective of this variation is to streamline and modernise the regulatory framework governing broadcasting services in the specified areas. The ACMA undertook a thorough consultation process before implementing this variation, inviting comments from relevant stakeholders, including commercial television broadcasting licensees, national television broadcasters, and the public. The Office of Best Practice Regulation (OBPR) assessed the variation and determined that it is likely to have no or low impact on business or the economy, thus deeming it unnecessary to prepare a regulation impact statement or a business cost calculator report. The variation aims to reflect current broadcasting needs and technological advancements while ensuring compatibility with human rights as it does not engage any of the applicable rights or freedoms.

Scope and Application

The Variation to Licence Area Plan – Darwin and Katherine Television and Radio – No. 1 of 2012 applies to the broadcasting services within the Darwin and Katherine areas, specifically altering the original Licence Area Plan – Darwin and Katherine Television and Radio – October 1995. The legislation, enacted under the Broadcasting Services Act 1992, modifies the original plan by removing television specifications and renaming it the Licence Area Plan – Darwin Radio. This variation ensures that the plan now only pertains to radio broadcasting services in the specified areas. The variation is applicable nationwide, affecting all entities and services that fall under the broadcasting regulations in Darwin and Katherine. Notably, the variation does not introduce any new exclusions, exemptions, or thresholds beyond those already stipulated in the Broadcasting Services Act 1992, and it does not engage any of the applicable rights or freedoms as per the Human Rights (Parliamentary Scrutiny) Act 2011, confirming its compatibility with human rights.

Key Provisions

The Variation to Licence Area Plan – Darwin and Katherine Television and Radio – No. 1 of 2012, under subsection 26(2) of the Broadcasting Services Act 1992 (BSA), removes television specifications from the Darwin Licence Area Plan (LAP) and renames it the Licence Area Plan – Darwin Radio (clauses 1 and 4). A new LAP, the Licence Area Plan – Darwin Television, has been created using 2006 ABS census data. This variation, referred to as “the variation,” takes effect the day after it is registered on the Federal Register of Legislative Instruments (clause 3). The Act imposes several obligations on the parties governed by it. Firstly, the Australian Communications and Media Authority (ACMA) is responsible for preparing Licence Area Plans (LAPs) under subsection 26(1) of the BSA, determining the number and characteristics of broadcasting services available in specific areas. The ACMA may vary these plans through legislative instruments as outlined in subsection 26(2) of the BSA. In this case, the ACMA must ensure the Darwin LAP is updated to reflect the new broadcasting specifications for Darwin. Additionally, the ACMA must consult with relevant stakeholders, including commercial television broadcasting licensees and national television broadcasters, as well as inviting public comment on proposed variations. This is evidenced by the ACMA’s communication with stakeholders on 15 December 2011, and the publication of draft variations and explanatory papers on 20 December 2011, inviting public comment by 27 January 2012. Breach of the provisions in the Variation to Licence Area Plan – Darwin and Katherine Television and Radio – No. 1 of 2012 could result in legal consequences. While the explanatory statement does not detail specific offences or penalties for non-compliance with this particular variation, breaches of the BSA generally may lead to civil or criminal penalties. Under the BSA, contravening any provision of the Act may result in penalties, including fines and imprisonment. For instance, under section 287, contravening a direction by the ACMA may lead to fines up to 500 penalty units for a corporation and 50 penalty units for an individual. Additionally, under section 291, contravening a licence condition can result in fines and imprisonment. The exact penalties depend on the nature and severity of the breach.

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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.