Variation to Licence Area Plan – Hamilton Radio – 2026 (No.1)

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

Legislation au F2026L00567 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 – Hamilton Radio – 2026 (No.1)

Authority

The Australian Communications and Media Authority (the ACMA) has made the Variation to Licence Area Plan – Hamilton Radio – 2026 (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) 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 – Hamilton Radio (F2005B00809) (Hamilton LAP) on 13 December 2001.

The instrument amends the Hamilton LAP to:

  • make spectrum available for a new FM transmitter in Hamilton for a commercial radio broadcasting service (3HA);
  • make changes to the existing technical specifications to the transmitters for 3HA, makes spectrum available for new infill transmitters for 3HA at Casterton, Balmoral and Dartmoor;
  • make spectrum available for the other commercial radio broadcasting service in the Hamilton RA1 licence area (3HFM) at Casterton; and
  • add to existing, or includes with new, technical specifications, standard protection notes limiting protection to suburban grade coverage to all 3HA and 3HFM infill transmitters. The technical specification for the existing 3HA AM transmitter is varied to allow for a 28-day simulcast with the new FM transmitter, to allow for the transition to FM and to assist the licensee in informing listeners of the change to its service.

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

The instrument also removes specific references to the Broadcasting Services (Technical Planning) Guidelines 2017 (the 2017 Guidelines), and replaces them with provisions that:

  • refer to any guidelines made under section 33 of the Act; and
  • are intended to clarify the relationship between the technical specifications determined in the Hamilton LAP and any guidelines made under section 33 of the Act.

These changes, in relation to guidelines under section 33 of the Act, do not affect the operation of radiocommunications transmitters under a licence issued under section 102 of the Radiocommunications Act 1992 (Radiocommunications Act).

It is a condition of each transmitter licence issued under section 102 of the Radiocommunications 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 Radiocommunications Act); and
  • must comply with guidelines developed by the ACMA under section 33 of the Act (paragraph 109(1)(e) of the Radiocommunications Act).

Operation of a radiocommunications device is not authorised by an apparatus licence (including a transmitter licence issued under section 102 of the Radiocommunications Act) if it is not in accordance with the conditions of the licence (subsection 97(4) of the Radiocommunications Act). Under section 46 of the Radiocommunications 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 Radiocommunications 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 Radiocommunications 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 Radiocommunications Act). The Radiocommunications 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 Radiocommunications 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 Radiocommunications Act). The Radiocommunications Act prescribes a maximum civil penalty of 100 penalty units ($33,000).

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 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. As at 1 April 2026 there were 261 commercial radio broadcasting licences and 68 commercial television broadcasting licences in force, and as at 1 April 2026, there were 360 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

In accordance with section 14 of the LA, the instrument amends the Hamilton LAP to incorporate the Radiocommunications Act, and guidelines made under section 33 of the Act, as in force from time to time. The Act and the current such guidelines, the 2017 Guidelines, may be accessed from the Federal Register of Legislation, free of charge, at www.legislation.gov.au.

The instrument also amends the Hamilton LAP to incorporate the geodetic datum known as GDA94, gazetted in the Commonwealth of Australia Gazette No. GN 35 on 6 September 1995, as existing at the time the instrument commenced (see paragraph (8)(c) of the Hamilton LAP). 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 Hamilton LAP, the ACMA published a consultation paper on its website on 6 March 2026, which provided the background to the proposal. The following stakeholders were notified by email about the release of the consultation paper:

  • commercial radio broadcasting licensees in the Hamilton RA1, Horsham RA1, Warrnambool RA1 and Mt Gambier RA1 licence areas;
  • the community radio broadcasting licensee in the Portland RA1 licence area (planned in the Hamilton LAP);
  • the provider of high powered open narrowcasting services planned in the Hamilton RA1 licence area;
  • national broadcasters in Hamilton and surrounding areas;
  • the peak industry bodies and other relevant government bodies such as Commercial Radio & Audio, Community Broadcasting Association of Australia, and Australian Narrowcast Radio Association, and Airservices Australia;
  • State and Federal members of Parliament whose electorates include the Hamilton, Horsham, Warrnambool and Mt Gambier areas, and civic bodies including local councils, shire libraries and community associations.

The consultation period ended on 8 April 2026 and 2 submissions were received. These submissions raised no concerns or objections to the proposal. Therefore, 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 Hamilton LAP to make spectrum available for a new FM transmitter for a commercial radio broadcasting service, 3HA, in Hamilton. The AM transmission of 3HA will be switched off in the Hamilton RA1 licence area after broadcast is commenced on the FM transmission, with a 28-day simulcast allowed to assist the licensee with transition and informing listeners about the new frequency. Changes to the existing Portland infill transmitters and new infill transmitters at Casterton, Balmoral and Dartmoor will assist in mitigating coverage loss. The instrument also makes spectrum available for an infill transmitter for 3HFM commercial radio broadcasting service at Casterton. Standard protection notes are added or included with all infill transmitters, new and existing, which manage the risk of interference to 3HA and 3HFM from existing broadcasting services.

The instrument also makes minor variations, including updating introductory text, updating some transmitter site nominal locations, replacing Australian Map Grid References for transmitters with co-ordinates using GDA94, and minor modifications to advisory notes.

The instrument also removes specific references to the 2017 Guidelines, and replaces them with provisions that:

  • refer to any guidelines made under section 33 of the Act; and
  • are intended to clarify the relationship between the technical specifications determined in the Hamilton LAP and any guidelines made under section 33 of the Act.

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 deals with the ability of people in the city of Hamilton, and surrounding areas such as Portland, Casterton, Balmoral and Dartmoor, to access a broadcasting service. This changes the broadcast technology and improves the quality of the sound but does not alter the content or the availability of the programs to the listeners. 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 listeners, 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 Variation to Licence Area Plan – Hamilton Radio – 2026 (No.1)

Section 1 Name

This section provides for the instrument to be cited as the Variation to Licence Area Plan – Hamilton Radio – 2026 (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, 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 Amendments

This section provides for the Hamilton LAP (F2005B00809) to be varied as set out in Schedule 1 to the instrument.

Schedule 1 – Amendments

Item 1

Item 1 omits ‘1.18’ and replaces it with ‘1.22’ in clause (2) of the Hamilton LAP.

Item 2

Item 2 repeals clause (4) and inserts five new clauses:

  • New clause (4) makes it clear that radiocommunications transmitters planned in the Hamilton LAP are identified in their relevant Schedule by their corresponding Attachment, frequency, approximate geographic area they are planned to serve, technical specification number, and for a transmitter planned for provision of a service under a broadcasting services bands licence, the licence number.
  • Clause (5) makes it clear that each Attachment, except for an attachment describing an area where broadcasting services are to be available, determines the technical specification of a radiocommunications transmitter, which are:
    • a description, and the geographic coordinates of, the nominal location from which the transmitter must be operated;
    • the frequency on which the transmitter must be operated, and the frequency band containing that frequency, and the mode of transmission the transmitter must use;
    • the required polarisation, maximum antenna height, and maximum effective radiated power or cymomotive force for the transmitter, in each specified direction, of transmissions;
    • any special conditions that apply to the operation of the transmitter, and any circumstances that much exist for a transmitter to be able to be operated or that prohibit the transmitter from being operated.
  • Clause (6) makes it clear that a radiocommunications transmitter may be operated from an alternative site to the nominal location, if such operation complies with any requirements set out for the transmitter and for the operation of the transmitter in guidelines made under section 33 of the Act in relation to operation from an alternative site.
  • Clause (7) provides that in the Hamilton LAP, ‘radiocommunications transmitter’ has the meaning given by the Radiocommunications Act.
  • Clause (8) provides for the interpretation of terms that appear in the Hamilton LAP. Paragraph (8)(a) specifies that a reference to a schedule or attachment is a reference to a schedule or attachment to the plan. Paragraph (8)(b) specifies that a reference to a legislative instrument in the plan is a reference to that instrument as in force from time to time. Paragraph (8)(c) specifies that a reference to any other kind of instrument or writing in the plan is a reference to that instrument or writing as in force or in existence at the time the reference was included in the plan.

Item 3

Item 3 repeals a reference to the Australian Broadcasting Authority and the date of the making of the Hamilton LAP.

Item 4

Item 4 repeals Schedule One and replaces it with the Schedule One found at Schedule 2 of the instrument. The new Schedule One contains the FM frequency on which 3HA will be able to transmit, and the additional frequencies planned for 3HA and 3HFM.

Item 5

Item 5 amends Attachment 1.1 of the Hamilton LAP to omit the words ‘Licence Area ID – 434’ after the heading ‘Licence Area – Hamilton RA1’.

Item 6

Item 6 amends Attachments 1.2 to 1.6 of the Hamilton LAP, to vary the description of the nominal location of the radiocommunications transmitters planned by the Attachments. The amendments do not represent a change in the nominal location, but update the description of the location and change the coordinates from the Australian Map Grid to GDA94. Item 6 also repeals references to the 2017 Guidelines.

Item 7

Item 7 amends Attachments 1.7 to 1.11 of the Hamilton LAP, to vary the description of the nominal location of the radiocommunications transmitters planned by the Attachments. The amendments do not represent a change in the nominal location, but update the description of the location and change the coordinates from the Australian Map Grid to GDA94. Item 7 also repeals references to the 2017 Guidelines.

Item 8

Item 8 amends Attachment 1.12 of the Hamilton LAP, to vary the description of the nominal location of the radiocommunications transmitter planned by the Attachment. The amendment does not represent a change in the nominal location, but updates the description of the location and changes the coordinates from the Australian Map Grid to GDA94. Item 8 also repeals a reference to the 2017 Guidelines. Item 8 also adds a special condition specifying that the CMF at all elevations must not exceed the specified CMF at 0 degrees elevation for all angles of azimuth, and a note explaining that the service specified ceases to be available 28 days after the transmitter specified in Attachment 1.12A is first operated.

Item 9

Item 9 inserts the new Attachment 1.12A, at Schedule 3 to the instrument, after Attachment 1.12. The Attachment plans the new 3HA FM transmitter.

Item 10

Item 10 amends Attachment 1.13 of the Hamilton LAP, to vary the description of the nominal location of the radiocommunications transmitter planned by the Attachment. The amendment does not represent a change in the nominal location, but updates the description of the location and changes the coordinates from the Australian Map Grid to GDA94. Item 10 also repeals a reference to the 2017 Guidelines

Item 11

Item 11 amends Attachment 1.14 of the Hamilton LAP, to change the coordinates from the Australian Map Grid to GDA94. The amendment does not represent a change in the nominal location. Item 11 also repeals a reference to the 2017 Guidelines. It also repeals the ‘Special Conditions’ in the Attachment and replaces them with ‘Advisory Notes’ that advise that:

  • any transmission is planned on the basis that it will be protected to a minimum median field strength of 66 dBµV/m against interference from other broadcasting services; and
  • the coverage area of the transmission (which is relevant to how the ACMA will protect the transmitter from interference) is a circle with a 10 km radius, measured from the nominal location.

Item 12

Item 12 amends Attachment 1.15 of the Hamilton LAP, to vary the description of the nominal location of the radiocommunications transmitter planned by the Attachment. The amendment does not represent a change in the nominal location, but updates the description of the location and changes the coordinates from the Australian Map Grid to GDA94. Item 12 also repeals a reference to the 2017 Guidelines. It also repeals the ‘Special Conditions’ in the Attachment and replaces them with an ‘Advisory Note’. The advisory note advises that the coverage area of the transmission is a circle with a 5 km radius, measured from the nominal location.

Item 13

Item 13 amends Attachment 1.16 of the Hamilton LAP, to vary the description of the nominal location of the radiocommunications transmitter planned by the Attachment. The amendment does not represent a change in the nominal location, but updates the description of the location and changes the coordinates from the Australian Map Grid to GDA94. Item 13 also repeals a reference to the 2017 Guidelines. It also repeals the ‘Special Conditions’ in the Attachment and replaces them with an ‘Advisory Note’. The advisory note advises that the coverage area of the transmission is a circle with a 15 km radius, measured from the nominal location.

Item 14

Item 14 amends Attachment 1.17 of the Hamilton LAP, to vary the description of the nominal location of the radiocommunications transmitter planned by the Attachment. The amendment does not represent a change in the nominal location, but updates the description of the location and changes the coordinates from the Australian Map Grid to GDA94. Item 14 also repeals a reference to the 2017 Guidelines. Item 14 also changes the maximum antenna height and the output radiation pattern for the transmitter, decreasing the maximum antenna height but increasing the maximum effective radiated power. Item 14 also adds an ‘Advisory Note’ advising that any transmission is planned on the basis that it will be protected to a minimum median field strength of 66 dBµV/m against interference from other broadcasting services.

Item 15

Item 15 amends Attachment 1.18 of the Hamilton LAP, to vary the description of the nominal location of the radiocommunications transmitter planned by the Attachment. The amendment does not represent a change in the nominal location, but updates the description of the location and changes the coordinates from the Australian Map Grid to GDA94. Item 8 also repeals a reference to the 2017 Guidelines. Item 15 also changes the maximum antenna height and the output radiation pattern for the transmitter, decreasing the maximum antenna height but increasing the maximum effective radiated power. Item 15 also repeals the current ‘Notes’ and replaces them with an ‘Advisory Note’ advising that any transmission is planned on the basis that it will be protected to a minimum median field strength of 66 dBµV/m against interference from other broadcasting services.

Item 16

Item 16 inserts the new Attachments 1.19 to 1.22, at Schedule 4 to the instrument, after Attachment 1.18. These Attachments plan the new infill transmitters for 3HA and 3HFM.

Item 17

Item 17 amends Attachment 2.1 of the Hamilton LAP to omit the words ‘Licence Area ID – 410’ after the heading ‘Licence Area – Portland RA1’.

Item 18

Item 18 amends Attachment 2.2 of the Hamilton LAP, to vary the description of the nominal location of the radiocommunications transmitter planned by the Attachment. The amendment does not represent a change in the nominal location, but updates the description of the location and changes the coordinates from the Australian Map Grid to GDA94. Item 18 also repeals a reference to the 2017 Guidelines.

Schedule 2

Schedule 2 contains the new Schedule One to the Hamilton LAP.

Schedule 3

Schedule 3 contains the new Attachment 1.12A to the Hamilton LAP.

Schedule 4

Schedule 4 contains the new Attachments 1.19 to 1.22 to the Hamilton LAP.

Interactions

Authorises

All Versions

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.