EXPLANATORY STATEMENT
Issued by the Australian Communications and Media Authority
Variation to Licence Area Plan – Riverland (Television and Radio) – No. 1 of 2014
Broadcasting Services Act 1992
In accordance with the Australian Communications and Media Authority Act 2005, the Australian Communications and Media Authority (ACMA) exercises powers and functions under the Broadcasting Services Act 1992 (BSA).
The ACMA has made a variation to the Licence Area Plan – Riverland (Television and Radio) – August 1996 (the Riverland LAP). The variation was made under subsection 26(2) of the BSA and is referred to in this explanatory statement as “the variation”.
The LAP and variations to the LAP
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 Riverland LAP was determined on 22 August 1996 and varied on 6 December 2001, 1 August 2008 and 15 December 2010.
Intended impact and effect
The variation removes redundant television specifications from the Riverland LAP and renames it the Licence Area Plan Riverland Radio.
Until the recent completion of switchover from analog to digital television broadcasting, LAPs were the instruments used for planning analog television services.
In 2011, the BSA was amended to empower the ACMA to make television licence area plans (TLAPs) under Part 3 of the BSA. TLAPS specify the channels that are to be available in particular licence areas for digital television broadcasting services, allot (or empower the ACMA to allot) those channels to broadcasters and specify the characteristics, including technical specifications, for digital television.
As the long term planning instruments for television broadcasting services, when the TLAP for each licence area was made and came into effect, it replaced the existing LAP for that area, if the LAP dealt wholly with broadcasting services, and the LAP ceased to have effect. If the existing LAP related partly to television broadcasting services and partly to other broadcasting services, the existing LAP ceased to have effect to the extent to which it related to television broadcasting services (paragraph 26(1H)(c) of the BSA).
The Television Licence Area Plan (Riverland) 2011 came into force on 2 April 2012 and, therefore, from that date, the specifications relating to television broadcasting services in the Riverland LAP ceased to have effect.
The ACMA does not intend the variation to alter any existing rights and obligations, except as set out above.
Regulatory Impact Analysis
The ACMA has considered the matter and referred it to the Office of Best Practice Regulation (OBPR). The OBPR formed the opinion that the proposed regulation 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 has issued an exemption reference number: 17469.
Consultation
Before making a decision to vary the Riverland LAP, the ACMA undertook the following consultation:
- On 4 September 2014, the ACMA wrote to the licensees providing television and radio broadcasting services in the Riverland area to advise them of the release of the draft variation and to invite their comments by 17 October 2014.
- On 8 September 2014, the ACMA published the following papers on its web site:
- a draft variation instrument; and
- an explanatory paper outlining the changes proposed in the draft variation and inviting public comment by 17 October 2014.
Submissions
No submissions were received on the draft variation instrument.
Description of the provisions of the variation
Clause 1
Clause 1 provides 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 – Riverland (Television and Radio) – No. 1 of 2014.
Clause 3
Clause 3 provides that the variation commences on the day after it is registered on the Federal Register of Legislative Instruments.
Paragraph 4(a)
Paragraph 4(a) renames the Riverland LAP as the Licence Area Plan – Riverland Radio.
Paragraph 4(b)
Paragraph 4(b) amends the heading on the title page of the Riverland LAP so that it reads “Licence Area Plan – Riverland Radio”.
Sub-paragraph 4(c)(i)
Sub-paragraph 4(c)(i) omits the heading “Licence Area Plan – Riverland – Determination” on page one of the Riverland LAP and substitutes the heading “Licence Area Plan – Riverland Radio”.
Sub-paragraph 4(c)(ii)
Sub-paragraph 4(c)(ii) omits clause (1) of the Riverland LAP and substitutes a new clause (1). The new clause (1) better reflects that the LAP plans radio broadcasting services in the Riverland area of South Australia, and is made under subsection 26(1) of the BSA.
Sub-paragraph 4(c)(iii)
Sub-paragraph 4(c)(iii) omits clause (2) of the Riverland LAP and substitutes a new clause (2). The previous clause (2) described the television broadcasting services available in the Riverland area. The new clause 2 describes the radio broadcasting services available in the Riverland area.
Sub-paragraph 4(c)(iv)
Sub-paragraph 4(c)(iv) omits clause (3) of the Riverland LAP and substitutes a new clause (3). The text that was included in the previous clause (3) has been included in the new clause (2). The new clause (3) provides that a reference in the Riverland LAP to a schedule or an attachment includes a reference to a schedule or an attachment as amended from time to time.
Sub-paragraph 4(c)(v)
Sub-paragraph 4(c)(v) omits clause (4) of the Riverland LAP as this text has been included in the new clause (3).
Paragraph 4(d)
Paragraph 4(d) omits the redundant Schedule One of the Riverland LAP. Schedule One described the television broadcasting service specifications for the Riverland area.
Paragraph 4(e)
Paragraph 4(e) omits the heading “Licence Area Plan : Riverland Television and Radio – Variation – June 2008” in Schedule Two of the Riverland LAP, and substitutes the heading “Licence Area Plan - Riverland Radio”.
Paragraph 4(f)
Paragraph 4(f) omits the redundant Attachments 1.1, 1.2, 1.3, 1.6, 1.8, 1.9, 1.10, 1.15, 1.16, 1.17, 1.18, 1.19, 1.20, 1.21, 1.22, 1.23, 1.24, 1.25, 1.26 and 1.27 of the Riverland LAP. These attachments described the television broadcasting services and specifications for the Riverland area.
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 – Riverland (Television and Radio) – No. 1 of 2014
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
This legislative instrument varies the Riverland LAP by removing the redundant specifications for television broadcasting services from the LAP and renaming it the Licence Area Plan - Riverland Radio.
The Television Licence Area Plan (Riverland) 2011 came into force on 2 April 2012 and therefore, from that date, the specifications relating to television broadcasting services in the Riverland LAP ceased to have effect.
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.