EXPLANATORY STATEMENT
Approved by the Australian Communications and Media Authority
Broadcasting Services Act 1992
Variation to Licence Area Plan – Toowoomba/Warwick (Radio) – 2017 (No.1)
Authority
The Australian Communications and Media Authority (the ACMA) has made the Variation to Licence Area Plan – Toowoomba/Warwick (Radio) – 2017 (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
The ACMA prepares LAPs under subsection 26(1) of the Act. 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 Australian Broadcasting Authority made the Licence Area Plan – Toowoomba/Warwick (Radio) – November 1998 (F2005B00920) on 26 November 1998. It is referred to in this explanatory statement as “the Toowoomba/Warwick LAP”.
The instrument varies the characteristics, including technical specifications, of radio broadcasting services in the Toowoomba/Warwick area of Queensland by changing the technical specifications of the existing Toowoomba 4WK in-fill transmitter to facilitate a change in the nominal location and to convert the frequency band from AM to FM. The instrument also updates some transmitter site nominal locations, Australian Map Grid references for transmitters and advisory notes for commercial and community radio broadcasting services.
Further details regarding the instrument are set out at Attachment A.
Documents incorporated by reference
The instrument incorporates the Broadcasting Services (Technical Planning) Guidelines 2007 which is a disallowable legislative instrument made by the ACMA under section 33 of the Act. As permitted by subparagraph 14(1)(a)(ii) of the Legislation Act 2003 (the LA), the Broadcasting Services (Technical Planning) Guidelines 2007 are incorporated as in force from time to time. The Broadcasting Services (Technical Planning) Guidelines 2007 can be accessed, free of charge, at www.legislation.gov.au.
The instrument also incorporates areas defined by the Australian Bureau of Statistics (ABS) in its Census of 6 August 1996. As permitted by paragraph 14(1)(b) of the LA, these areas are incorporated as in force at the day the instrument commenced. The areas defined in the Census of 6 August 1996 are available, free of charge, from the ABS website at http://www.abs.gov.au/websitedbs/censushome.nsf/home/historicaldata?opendocument&navpos=281.
Consultation
Subsection 17(1) of the LA requires that, before the ACMA makes a legislative instrument, it must be satisfied that any consultation that the ACMA considers is appropriate and that is reasonably practicable to undertake, has been undertaken.
On 4 November 2016, the ACMA published a draft variation instrument together with a discussion paper on the ACMA website inviting public comment. The ACMA also wrote to the commercial radio broadcasting licensees and other broadcasting licensees in the Toowoomba/Warwick licence areas and adjacent radio licence areas to advise them of the proposed changes to the Toowoomba/Warwick LAP and to invite comment. Consultation closed on 2 December 2016 and the ACMA received two submissions commenting on these proposals. The submissions received were taken into account by the ACMA in making the instrument.
Regulatory impact assessment
The Office of Best Practice Regulation (OBPR), in a guidance note titled “Carve-outs” (available here: 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, under subsection 26(2) of the Act, the Toowoomba/Warwick LAP. The variations add new, or change existing, characteristics, including technical specifications, of certain radio broadcasting services in the Toowoomba/Warwick RA1, Dalby RA1, Toowoomba RA2 and Warwick RA2 licence areas. These changes have been made in order to improve the coverage of those services and/or to clarify transmitter site locations.
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 – Toowoomba/Warwick (Radio) – 2017 (No.1)
Section 1 Name
This section provides for the instrument to be cited as the Variation to Licence Area Plan – Toowoomba/Warwick (Radio) – 2017 (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.
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 Toowoomba/Warwick LAP as set out in paragraphs (a) to (g).
Paragraph 4(a) renames the Toowoomba/Warwick LAP as the “Licence Area Plan – Toowoomba/Warwick Radio”.
Paragraph 4(b) amends the heading on the title page of the Toowoomba/Warwick LAP so that it reads “Licence Area Plan – Toowoomba/Warwick Radio”.
Subparagraph 4(c)(i) amends the heading on the first page of the instrument so that it reads “Licence Area Plan – Toowoomba/Warwick Radio”.
Subparagraph 4(c)(ii) numbers of each of the paragraphs on the first page of the instrument under the heading “Licence Area Plan – Toowoomba/Warwick Radio” as clauses (1) to (7).
Paragraph 4(d) omits clauses (1) to (7) and substitutes new clauses (1) to (8).
The new clause (1) provides that the plan is for radio broadcasting services in the Toowoomba/Warwick area of Queensland and is made under subsection 26(1) of the BSA.
The new clause (2) reflects the number of national radio broadcasting services in the Toowoomba/Warwick radio LAP.
The new clause (3) reflects the number of commercial radio broadcasting services in the Toowoomba/Warwick radio LAP including the addition of the new technical specifications for the in-fill transmitter at Toowoomba at Attachment 1.13.
New clause (4) reflects the number of open narrowcasting radio broadcasting services in the Toowoomba/Warwick LAP and new clause (5) - (7) reflects the number of community radio broadcasting services in the Toowoomba/Warwick LAP.
The new clause (8) ensures that a reference to a schedule or an attachment includes a reference to a schedule or attachment as amended from time to time and clarifies that references to other legislative instruments in the plan are taken to be references to those instruments as in force from time to time. References to other writing are taken to be references to that writing as in existence at the time the writing was incorporated into the plan.
Subparagraph 4(e)(i) removes from the Toowoomba/Warwick LAP the heading ‘SCHEDULES’ immediately after clauses (1) to (8).
Subparagraphs 4(e)(ii), (iii) and (iv) remove from the Toowoomba/Warwick LAP all the text occurring after the heading ‘SCHEDULES’ and before Schedule One. This material was originally included for reference only and is no longer considered relevant or necessary.
Paragraph 4(f) replaces Schedules One, Two, Three and Four of the Toowoomba/Warwick 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 Toowoomba/Warwick RA1, Dalby RA1, Toowoomba RA2 and Warwick RA2 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 specifications for each of those transmitters.
Paragraph 4(g) omits all attachments and substitutes new Attachments 1.1 to 1.25, 2.1, 2.2, 3.1 to 3.3, 4.1and 4.2
The new Attachment 1.1 contains the definition of the Toowoomba/Warwick RA1 licence area in terms used by the ABS in the 1996 Census.
The new Attachments 1.2, 1.3, 1.4, 1.5 and 1.6 contain the technical specifications for transmitters for the national radio broadcasting services at Southern Downs and Toowoomba.
The new Attachments 1.7 and 1.8 contain the technical specifications for the transmitters for the commercial radio broadcasting service under Service Licence number SL 4166 to be available at Oakey and Stanthorpe in the Toowoomba/Warwick RA1 licence area.
The new Attachments 1.9 and 1.10 contain the technical specifications for the transmitters for the commercial radio broadcasting service under Service Licence number SL 4174 to be available at Toowoomba and Stanthorpe in the Toowoomba/Warwick RA1 licence area.
The new Attachments 1.11, 1.12, 1.13, 1.14 and 1.15 contain the technical specifications for the transmitters for the commercial radio broadcasting service under Service Licence number SL 4187 to be available at Warwick, Toowoomba (City), Dalby and Stanthorpe in the Toowoomba/Warwick RA1 licence area. Attachment 1.12 provides that the transmitter with specification number TS4187002 ceases to be available for service licence number SL4187 28 days after the first day on which the service provided under service licence number SL4187 is transmitted by transmitter TS1137676.
The new Attachments 1.16, 1.17, 1.18 and 1.19 contain the technical specifications for the transmitters for the commercial radio broadcasting service under Service Licence number SL 1150094 to be available at Toowoomba, Stanthorpe, Warwick and Dalby in the Toowoomba/Warwick RA1 licence area.
The new Attachment 1.20 contains the technical specifications for the transmitter for the open narrowcasting radio broadcasting service to be available at Dalby in the Toowoomba/Warwick RA1 licence area.
The new Attachment 1.21 contains the technical specifications for the transmitter for the open narrowcasting radio broadcasting service to be available at Stanthorpe in the Toowoomba/Warwick RA1 licence area.
The new Attachments 1.22, 1.23 and 1.24 contain the technical specifications for the transmitters for the open narrowcasting radio broadcasting services to be available at Toowoomba in the Toowoomba/Warwick RA1 licence area.
The new Attachment 1.25 contains the technical specifications for the transmitter for the open narrowcasting radio broadcasting service to be available at Warwick in the Toowoomba/Warwick RA1 licence area.
The new Attachment 2.1 contains the definition of the Dalby RA1 licence area in terms used by the ABS in the 1996 Census.
The new Attachment 2.2 contains the technical specifications for the transmitter for the community radio broadcasting service under Service Licence number SL 1150099 to be available in Dalby in the Dalby RA1 licence area.
The new Attachment 3.1 contains the definition of the Toowoomba RA2 licence area in terms used by the ABS in the 1996 Census.
The new Attachment 3.2 contains the technical specifications for the transmitter for the community radio broadcasting service under Service Licence number SL 3070 to be available in Toowoomba in the Toowoomba RA2 licence area.
The new Attachment 3.3 contains the technical specifications for the transmitter for the community radio broadcasting service under Service Licence number SL 1150095 to be available in Toowoomba in the Toowoomba RA2 licence area.
The new Attachment 4.1 contains the definition of the Warwick RA2 licence area in terms used by the ABS in the 1996 Census.
The new Attachment 4.2 contains the technical specifications for the transmitter for the community radio broadcasting service under Service Licence number SL 1150093 to be available in Warwick in the Warwick RA2 licence area.