Variation to Licence Area Plan – Goulburn Radio – 2021 (No.1)

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2021L01127 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 – Goulburn Radio – 2021 (No. 1)

Authority

The Australian Communications and Media Authority (the ACMA) has made the Variation to Licence Area Plan – Goulburn Radio – 2021 (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 made available in particular areas of Australia with the use of the broadcasting services bands.

The Australian Broadcasting Authority determined the Licence Area Plan – Goulburn Area (Radio) – June 1999 (F2005B00637) (Goulburn LAP) on 17 June 1999. The Goulburn LAP was subsequently varied in 2004, 2015, 2017 and 2019.

The instrument primarily varies the characteristics, including the technical specifications, of radio broadcasting services in the Goulburn area in New South Wales. The main variations are to technical specifications for a national broadcasting service in the Goulburn area that will enable this service to convert to the FM frequency band and a variation to an antenna radiation pattern for a commercial radio broadcasting service in the Goulburn area. The instrument also corrects an omission from the description of the Braidwood community radio broadcast licence area.

The instrument also makes other minor variations including updates to some transmitter site nominal locations and replacing Australian Map Grid References for these transmitters with coordinates using the Geocentric Datum of Australia 1994 (GDA94).

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).

Documents incorporated by reference

In accordance with section 14 of the LA, 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 at: www.legislation.gov.au.

The instrument also incorporates the Geocentric Datum of Australia known as GDA94, gazetted in the Commonwealth of Australia Gazette No. GN 35 on 6 September 1995, as in existence at the time the instrument commences. Gazette No. GN 35 can be accessed, free of charge, at: www.legislation.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 Goulburn LAP, the ACMA published a consultation paper on its website on 18 May 2021 which provided the background to the proposal. The following stakeholders were notified by email about the release of the consultation paper: radio broadcasting licensees and national broadcasters in the Goulburn RA1,Braidwood RA1 and adjacent radio licence areas, the peak industry bodies Commercial Radio Australia and Community Broadcasting Association of Australia, State and Federal members of Parliament whose electorates include the Goulburn area, and civic bodies including a local council, shire library and community associations.

The consultation period ended on 15 June 2021. The ACMA received one submission in response to the consultation process. The submission from Goulburn Mulwaree Council supported the Goulburn commercial broadcasting service converting to an FM frequency.

The ACMA decided to make the variation without changes.

Regulatory impact assessment

The Office of Best Practice Regulation (OBPR), in a guidance note entitled “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 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 varies the Licence Area Plan – Goulburn Radio. The Instrument makes changes to the existing characteristics, including technical specifications, of certain radio broadcasting services in the Goulburn area of New South Wales.

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 – Goulburn Radio – 2021 (No.1)

Section 1 Name

This section provides for the instrument to be cited as the Variation to Licence Area Plan – Goulburn Radio – 2021 (No.1).

Section 2 Commencement

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

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 Goulburn LAP as set out in paragraphs 4(a) to 4(z).

Paragraph 4(a) makes changes to clause (2) by omitting a reference to Attachment 1.16 and substituting a new reference to Attachment 1.15. Attachment 1.16 has been repealed and replaced by Attachment 1.7A (see paragraphs 4(k) and (u)).

Paragraph 4(b) amends clause (4) by omitting a reference to Attachment 3.2.

Subparagraph 4(c)(i) amends Schedule One by omitting details of a national broadcasting service that has ceased operation.

Subparagraph 4(c)(ii) amends Schedule One by inserting details of a new national radio broadcasting service including the frequency the service will broadcast on, the technical specification number, and the area served.

Subparagraph 4(c)(iii) amends Schedule One by omitting “1.16” in the “Attach No” column and substituting “1.7A”.

Paragraph 4(d) amends Schedule Three by omitting reference to a specification for a Braidwood based community radio broadcasting service which is no longer operating.

Subparagraphs 4(e)(i) and (ii) amends Attachment 1.1 under the heading ‘Note’ by omitting and substituting the text “(LGA) = Local Government Area” so that the terms appear in alphabetical order. The terms used reflect current terms used by the Australian Bureau of Statistics.

Paragraph 4(f) amends Attachments 1.2 and 1.3A by omitting Australian Map Grid references and substituting Nominal co-ordinates (GDA94).

Paragraph 4(g) repeals Attachment 1.3 which relates to a national radio broadcasting service which is no longer operating. A new service is provided according to Attachment 1.3A.

Subparagraph 4(h)(i) amends Attachment 1.4 by omitting Australian Map Grid references and substituting Nominal co-ordinates (GDA94).

Subparagraph 4(h)(ii) inserts a new special condition that the AM service (transmitter specification TS1550001) will cease 28 days after the commencement of the FM service (TS12000595).

Paragraph 4(i) inserts a new Attachment 1.4A (at Part 1 of Schedule 2 to the instrument) after Attachment 1.4 which provides details of the national FM radio broadcasting service.

Subparagraph 4(j)(i) amends Attachments 1.5, 1.6 and 1.7 in the description of General Area Served by omitting “(Town)” and substituting the text “Town”.

Subparagraph 4(j)(ii) amends Attachments 1.5, 1.6 and 1.7 by omitting Australian Map Grid references and substituting Nominal co-ordinates (GDA94).

Paragraph 4(k) inserts a new Attachment 1.7A (at Part 2 of Schedule 2 to the instrument) after Attachment 1.7 which provides details of the national service (transmitter specification TS10008597) that was previously at Attachment 1.16, which has been repealed (see paragraph 4(u)).

Paragraph 4(l) amends Attachment 1.8 by omitting Australian Map Grid references and substituting Nominal co-ordinates (GDA94).

Subparagraph 4(m)(i) amends Attachment 1.8A by omitting Australian Map Grid references and substituting Nominal co-ordinates (GDA94).

Subparagraph 4(m)(ii) amends Attachment 1.8A by replacing the output radiation table in the Attachment with the table at Schedule 1 to the instrument.

Subparagraph 4(m)(iii) amends Attachment 1.8A by omitting the heading “Availability of TS12000224” and the text that follows as it is no longer relevant because it relates to the service previously specified at Attachment 1.3 which has been repealed.

Paragraph 4(n) amends Attachment 1.9 by omitting Australian Map Grid references and substituting Nominal co-ordinates (GDA94).

Subparagraph 4(o)(i) amends Attachment 1.10 by omitting Australian Map Grid references and substituting Nominal co-ordinates (GDA94).

Subparagraph 4(o)(ii) amends Attachment 1.10 by omitting “66 dBuV/m” and substituting “66 dBµV/m”.

Paragraph 4(p) amends Attachment 1.11 by omitting Australian Map Grid references and substituting Nominal co-ordinates (GDA94).

Subparagraph 4(q)(i) amends Attachment 1.12 by omitting “Km” and substituting “km”.

Subparagraph 4(q)(ii) amends Attachment 1.12 by omitting Australian Map Grid references and substituting Nominal co-ordinates (GDA94).

Subparagraph 4(r)(i) amends Attachment 1.13 by omitting Australian Map Grid references and substituting Nominal co-ordinates (GDA94).

Subparagraph 4(r)(ii) amends Attachment 1.13 by omitting “66 dBuV/m” and substituting “66 dBµV/m”.

Subparagraph 4(s)(i) amends Attachment 1.14 in the description of General Area Served by omitting “(Town)” and substituting “Town”.

Subparagraph 4(s)(ii) amends Attachment 1.14 by omitting Australian Map Grid references and substituting Nominal co-ordinates (GDA94).

Subparagraph 4(s)(iii) amends Attachment 1.14 by omitting the Advisory Note and substituting a new note that provides revised GDA94 co-ordinates.

Subparagraph 4(t)(i) amends Attachment 1.15 by omitting Australian Map Grid references and substituting Nominal co-ordinates (GDA94).

Subparagraph 4(t)(ii) amends Attachment 1.15 by omitting the Advisory Note and substituting a new note that provides revised GDA94 co-ordinates.

Subparagraph 4(t)(iii) amends Attachment 1.15 by omitting “66 dBuV/m” and substituting “66 dBµV/m”.

Paragraph 4(u) amends repeals Attachment 1.16 which has been replaced by an equivalent Attachment 1.7A (see paragraph 4(k)).

Paragraph 4(v) amends Attachment 2.1 under the heading “Note” by omitting and substituting the text “(SLA) = Statistical Local Area” so that the terms appear in alphabetical order.

Paragraph 4(w) amends Attachment 2.2 by omitting Australian Map Grid references and substituting Nominal co-ordinates (GDA94).

Subparagraph 4(x)(i) amends Attachment 3.1 by inserting an area description for the Braidwood RA1 licence area that was unintentionally omitted in a previous variation.

Subparagraph 4(x)(ii) amends Attachment 3.1 under the heading “Note” by omitting the text “(CD) = Collection District”.

Subparagraph 4(x)(iii) amends Attachment 3.1 under the heading “Note” by omitting the text Level “2” and substituting “Level 2”.

Paragraph 4(y) repeals Attachment 3.2 as a higher power service has commenced by transmitter SL1150816 . The replacement service is specified at Attachment 3.3.

Subparagraph 4(z)(i) amends Attachment 3.3 by omitting Australian Map Grid references and substituting Nominal co-ordinates (GDA94).

Subparagraph 4(z)(ii) amends Attachment 3.3 by omitting the heading “Availability of TS12000323” and related text that is no longer relevant and inserting an Advisory Note regarding interference protection.

Overview

The Broadcasting Services Act 1992, enacted by the Australian Parliament, governs the regulation of broadcasting services in Australia. It established the framework for the licensing of broadcasting services and the planning of broadcasting services to ensure efficient use of the radio spectrum. The Act was introduced to address the need for a coordinated approach to managing the radio spectrum and ensuring that broadcasting services operate in a manner that is consistent with the public interest. The Australian Communications and Media Authority (ACMA) has the authority to make legislative instruments to vary licence area plans (LAPs) under subsection 26(2) of the Act. The primary purpose of this legislation is to update and refine the technical specifications and characteristics of radio broadcasting services in specific areas, ensuring that these services continue to meet contemporary standards and requirements. In this context, the ACMA has introduced the Variation to Licence Area Plan – Goulburn Radio – 2021 (No. 1) to primarily adjust the technical specifications of radio broadcasting services in the Goulburn area of New South Wales. This includes enabling a national broadcasting service to transition to the FM frequency band and modifying the antenna radiation pattern for a commercial radio broadcasting service. Additionally, the instrument corrects an oversight in the description of the Braidwood community radio broadcast licence area and updates transmitter site coordinates to align with the Geocentric Datum of Australia 1994 (GDA94). The ACMA consulted relevant stakeholders before making this variation, ensuring that the changes align with industry needs and community expectations.

Scope and Application

The Variation to Licence Area Plan – Goulburn Radio – 2021 (No. 1) made by the Australian Communications and Media Authority (ACMA) under subsection 26(2) of the Broadcasting Services Act 1992 applies specifically to the radio broadcasting services operating in the Goulburn area of New South Wales. The instrument modifies the technical specifications of certain radio broadcasting services in the area, enabling a national broadcasting service to convert to the FM frequency band and updating the antenna radiation pattern for a commercial radio broadcasting service. It also corrects an omission from the description of the Braidwood community radio broadcast licence area and makes other minor variations such as updating transmitter site coordinates to align with the Geocentric Datum of Australia 1994 (GDA94). The instrument does not extend to other areas outside the Goulburn licence area nor does it apply to services not specified within the Goulburn Licence Area Plan (Goulburn LAP). The ACMA incorporated the Broadcasting Services (Technical Planning) Guidelines 2017 and the Geocentric Datum of Australia known as GDA94 into the instrument. The instrument is a disallowable legislative instrument as defined by the Legislation Act 2003.

Key Provisions

The Variation to Licence Area Plan – Goulburn Radio – 2021 (No. 1) (the instrument) is made under subsection 26(2) of the Broadcasting Services Act 1992 (the Act) and primarily varies the characteristics, including technical specifications, of radio broadcasting services in the Goulburn area in New South Wales. The instrument updates technical specifications for a national broadcasting service in the Goulburn area to enable conversion to the FM frequency band and amends the antenna radiation pattern for a commercial radio broadcasting service in the Goulburn area. It also corrects an omission from the description of the Braidwood community radio broadcast licence area and updates transmitter site nominal locations by replacing Australian Map Grid References with coordinates using the Geocentric Datum of Australia 1994 (GDA94). The Act imposes obligations on broadcasters and the Australian Communications and Media Authority (ACMA) regarding the technical specifications and characteristics of radio broadcasting services. Broadcasters must comply with the technical specifications and characteristics outlined in the Licence Area Plans (LAPs), which are determined by the ACMA. The ACMA is responsible for determining the number and characteristics of broadcasting services to be made available in particular areas of Australia, including technical specifications, and for varying LAPs as necessary to accommodate changes in the broadcasting environment. Breach of the provisions of the instrument or failure to comply with the obligations set out in the Act may result in civil or criminal consequences. Under the Broadcasting Services Act 1992, contravening the provisions of a LAP may result in financial penalties for individuals and corporations. The maximum penalty for a corporation is $500,000, while the maximum penalty for an individual is $10,000. Additionally, the Act provides for the imposition of infringement notices for certain offences, with the maximum penalty for an individual being $2,200 and for a corporation being $11,000. Failure to comply with the obligations set out in the Act or the instrument may also result in legal action being taken against the offending party, including injunctions, damages, and other remedies. In summary, the Variation to Licence Area Plan – Goulburn Radio – 2021 (No. 1) primarily varies the technical specifications and characteristics of radio broadcasting services in the Goulburn area of New South Wales. Broadcasters and the ACMA have obligations under the Act to comply with the provisions of the instrument and the technical specifications and characteristics outlined in the LAPs. Breach of the provisions of the instrument or failure to comply with the obligations set out in the Act may result in civil or criminal consequences, including financial penalties and legal action.

Area of Law: Media & Entertainment Law
Instrument: Legislative Instrument
Concepts: Commencement Provisions; Regulatory Standards; Enforcement Powers

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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