EXPLANATORY STATEMENT
Issued by the Australian Communications and Media Authority
Variation to Licence Area Plan – Swan Hill Radio – 2016 (No.1)
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 (the ACMA) has exercised powers and functions under the Broadcasting Services Act 1992 (BSA).
The ACMA has made a variation to the Licence Area Plan – Swan Hill Radio – June 1997. 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 Australian Broadcasting Authority made the Licence Area Plan – Swan Hill Radio – June 1997 on 26 June 1997 and varied it on 15 September 1997.
It is referred to in this explanatory statement as “the Swan Hill LAP”.
Intended impact and effect
The variation varies the characteristics, including technical specifications, of radio broadcasting services in the Swan Hill area of Victoria by:
- making the FM frequency 98.7 MHz available for an additional in-fill transmitter in Kerang Victoria for the commercial radio broadcasting service 3SHI;
- making the FM frequency 95.9 MHz available in Murray Valley, Victoria for an additional transmitter for a national radio broadcasting service.
The ACMA does not intend the variation to alter any existing rights and obligations, except as set out above. The variation also updates certain transmitter site nominal locations, Australian Map Grid references for transmitters and advisory notes for commercial and community radio broadcasting services where required, however these updates do not reflect changes to the ways in which these services are provided.
Regulatory Impact Statement
The Office of Best Practice Regulation (OBPR) has determined that the regulatory changes effected by this variation are minor or machinery in nature and has advised that no regulatory impact statement is required. The OBPR has issued an exemption reference number: ID 2014/18023.
Consultation
Subsection 17(1) of the Legislation Act 2003 requires that, before the ACMA makes a legislative instrument, it must be satisfied that any consultation that the ACMA considers is appropriate and reasonably practicable to undertake, has been undertaken.
Before making the decision to vary the Swan Hill LAP, the ACMA published a draft variation instrument together with a discussion paper on the ACMA website inviting public comment on 5 November 2015. The ACMA also wrote to the commercial radio broadcasting licensees and other broadcasting licensees in the Swan Hill licence areas and adjacent radio licence areas to advise them of the proposed changes to the Swan Hill LAP and to invite comment.
Consultation closed on 4 December 2015 and the ACMA did not receive any submissions.
Description of the provisions of the variation
Section 1 - Name of Instrument
Section 1 provides that the name of the variation is the Variation to Licence Area Plan – Swan Hill Radio – 2016 (No.1).
Section 2 - Commencement
Section 2 provides that the variation commences on the day after it is registered on the Federal Register of Legislation.
Section 3 - Variation
Section 3 varies the Swan Hill LAP as set out in paragraphs (a) to (f).
Paragraph 3(a)
Paragraph 3(a) renames the instrument as the Licence Area Plan – Swan Hill Radio.
Paragraph 3(b)
Paragraph 3(b) amends the heading on the title page of the Swan Hill LAP so that it reads “Licence Area Plan – Swan Hill Radio”.
Subparagraph 3(c)(i)
Subparagraph 3(c)(i) amends the heading on the first page of the instrument so that it reads “Licence Area Plan – Swan Hill Radio”.
Subparagraph 3(c)(ii)
Subparagraph 3(c)(ii) numbers each of the paragraphs on the first page of the instrument under the heading “Licence Area Plan – Swan Hill Radio” as clauses (1), (2), (3), and (4).
Subparagraph 3(c)(iii)
Subparagraph 3(c)(iii) omits clauses (1), (2), (3) and (4) and substitutes new clauses (1), (2), (3), (4) and (5).
The new clause (1) highlights that this plan is for radio broadcasting services in the Swan Hill area of Victoria and is made under subsection 26(1) of the BSA.
The new clause (2) reflects the addition of a national broadcasting service and an open narrowcasting broadcasting service in the Swan Hill area of Victoria, the addition of Attachments 1.9, 1.10 and 1.11 to the Swan Hill LAP and the substitution of the word ‘determination’ with the word ‘plan’ in the clause.
The new clause (3) reflects the substitution of the description of “Two community radio broadcasting services” with “One community radio broadcasting service” to reflect the actual number of community services available in the Swan Hill area of Victoria and the substitution of the word ‘determination’ with the word ‘plan’ in the clause.
The new clause (4) reflects the substitution of the word ‘determination’ with the word ‘plan’ in the clause.
The new clause (5) will ensure that a reference to a schedule or an attachment includes a reference to a schedule or attachment as amended from time to time.
Paragraph 3(d)
Paragraph 3(d) removes from the Swan Hill LAP all the text occurring after Clause (5) but before Schedule One. This material was originally included for reference only and is no longer considered relevant or necessary.
Paragraph 3(e)
Paragraph 3(e) replaces Schedules One, Two and Three of the Swan Hill LAP. These Schedules set out the details of the national, commercial, community and open narrowcasting radio broadcasting services that are to be available on particular frequencies in the Swan Hill RA1, Swan Hill RA2 and Barham RA1 licence areas.
In particular, the Schedules provide the technical specification numbers for each transmitter to be used by the services in the licence areas, and specify the attachments which contain the technical specification for each of those transmitters.
The changes from the previous Schedules are the removal from the headings of Schedules One, Two and Three of the words “- (Radio) – June 1997”, and the addition of the ‘Channel/Frequency’ and ‘Attachment No.’ columns (for ease of reference only).
Paragraph 3(f)
Paragraph 3(f) omits all attachments and substitutes new Attachments 1.1 to 1.11, 2.1, 2.2, 3.1 and 3.2.
The new Attachment 1.1 contains the definition of the Swan Hill RA1 licence area in terms used by the Australian Bureau of Statistics (ABS) in the 1991 census.
The new Attachments 1.2, 1.3, 1.4, 1.5 and 1.6 contain the technical specifications for the transmitters for national radio broadcasting services at Hopetoun and Murray Valley.
The new Attachment 1.7 contains the technical specifications for a transmitter for the commercial radio broadcasting service under Service Licence number SL10380 to be available at Swan Hill in the Swan Hill RA1 licence area.
The new Attachments 1.8 and 1.9 contain the technical specifications for the transmitters for the commercial radio broadcasting service under Service Licence number SL10294 to be available at Swan Hill and Kerang in the Swan Hill RA1 licence area.
The new Attachment 1.10 contains the technical specifications for a transmitter for an open narrowcasting service to be available at Swan Hill in the Swan Hill RA1 licence area.
The new Attachment 1.11 contains the technical specifications for a transmitter for an open narrowcasting service to be available at Barham in the Swan Hill RA1 licence area.
The new Attachment 2.1 contains the definition of the Swan Hill RA2 licence area in terms used by the ABS in the 1991 census.
The new Attachment 2.2 contains the technical specifications for a transmitter for a community radio broadcasting service under Service Licence number SL 1150003 to be available at Swan Hill in the Swan Hill RA2 licence area.
The new Attachment 3.1 contains the definition of the Barham RA1 licence area in terms used by the ABS in the 1991 census.
The new Attachment 3.2 contains the technical specifications for a transmitter for a community radio broadcasting service under Service Licence number SL 10299 to be available at Barham in the Barham RA1 licence area.
Minor amendments to the descriptions of nominal locations of transmitter sites, to Australian Grid references and advisory notes have been made in some of the Attachments. In each case the information has been updated to better reflect current operations and for ease of reference only. These amendments do not signify a change to the planned performance of the relevant transmitter.
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 – Swan Hill Radio – 2016 (No.1)
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, under subsection 26(2) of the Broadcasting Services Act 1992, the Licence Area Plan – Swan Hill Radio. The variations add new, or change existing, characteristics, including technical specifications, of certain radio broadcasting services in the Swan Hill RA1, Swan Hill RA2 and Barham RA1 licence areas. These changes are in order to improve the coverage of those services and/or to improve the accuracy of site location data.
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.