Variation to Licence Area Plan – Wangaratta Radio – 2025 (No. 1)

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

Legislation au F2025L00566 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

Approved by the Australian Communications and Media Authority

Broadcasting Services Act 1992

Variation to Licence Area Plan – Wangaratta Radio – 2025 (No. 1)

Authority

The Australian Communications and Media Authority (the ACMA) has made the Variation to Licence Area Plan – Wangaratta Radio – 2025 (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 – Wangaratta  Radio – September 1997 (F2005B00805) (Wangaratta LAP) on 15 September 1997.

The instrument amends the Wangaratta LAP to make spectrum available for a commercial radio broadcasting service in Wangaratta (3NE), to enable it to convert from operating on the AM frequency band to the FM frequency band. The instrument also adds four additional FM infill transmitters for 3NE, and changes the technical specifications of a transmitter for another commercial radio broadcasting service (3NNN) in Bright, to enable the conversion of 3NE to FM transmission.

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 Wangaratta LAP and any guidelines made under section 33 of the Act.

The 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 a commercial broadcasting licence 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 19 November 2024, there were 261 commercial radio broadcasting licences, 68 commercial television broadcasting licences and 361 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 Wangaratta 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 incorporates the Geodetic Datum of Australia 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 (11)(c) of the Wangaratta LAP, as inserted by the instrument). 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 Wangaratta LAP, the ACMA published a consultation paper on its website on 2 December 2024, 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 Wangaratta RA1, Wangaratta RA2 and Mount Beauty RA1 licence areas, and in 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 Wangaratta area, and civic bodies including local councils, shire libraries and community associations.

The consultation period ended on 17 January 2025 and 3 submissions were received. One of these submissions was confidential. After consideration of the submissions, the ACMA decided to remove a proposed change to a technical specification of a transmitter for 3NNN. There were no objections to 3NE’s conversion to FM in principle. However, one submission raised concerns with the risk of ‘overspill’ of 3NE into the Deniliquin RA1 licence area, and the location of a transmitter close to the edge of a licence area. The ACMA has considered these concerns and decided not to make any changes to the instrument as:

  • any ‘overspill’ would not result in a ‘listenable’ service in the Deniliquin RA1 licence area; and
  • the location of the transmitter is necessary to maintain the coverage of 3NE in the Wangaratta RA1 licence area.

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 Wangaratta LAP to make spectrum available for 3NE in Wangaratta, to enable it to convert from operating on the AM frequency band to the FM frequency band. The instrument also adds four additional FM infill repeaters for 3NE, and changes the technical specifications of a transmitter for 3NNN in Bright, to enable the conversion of 3NE in Wangaratta.

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 GDA94.

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 Wangaratta 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 allows the 3NE service in Wangaratta to convert from AM to FM. 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 – Wangaratta Radio – 2025 (No.1)

Section 1 Name

This section provides for the instrument to be cited as the Variation to Licence Area Plan – Wangaratta  Radio – 2025 (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 Wangaratta LAP (F2005B00805) to be varied as set out in Schedule 1 to the instrument.

Schedule 1 – Amendments

Item 1

Item 1 omits the words ‘Attachments 1.13 - 1.16’ and replaces them with ‘Attachments 1.13 - 1.21’ in clause (3).

Item 2

Item 2 repeals clause (7) and some informational text, and replaces it with five new clauses:

  • The replacement clause (7) makes it clear that radiocommunications transmitters planned in the Wangaratta 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 (8) 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 (9) 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 (10) provides that in the Wangaratta LAP, ‘radiocommunications transmitter’ has the meaning given by the Radiocommunications Act.
  • Clause (11) provides for the interpretation of the Wangaratta LAP. Paragraph (11)(a) provides that a reference to a schedule or attachment is a reference to a schedule or attachment to the Wangaratta LAP. Paragraph (11)(b) provides that a reference to a legislative instrument is a reference to that instrument as in force from time to time. Paragraph (11)(c) specifies that a reference to any other kind of instrument or writing is a reference to that instrument or writing as in force or in existence at the time the reference was included in the Wangaratta LAP.

Item 3

Item 3 repeals and replaces Schedule One to the Wangaratta LAP. The new Schedule One includes an entry for the new FM transmitter for 3NE at Wangaratta. Schedule One also includes entries for the 4 additional in-fill transmitters at Wodonga, Bright, Myrtleford and Yarrawonga for 3NE, to allow 3NE to reach almost as much of the Wangaratta RA1 licence area by FM transmission as it could reach by AM transmission.

Items 4 to 6

Each of items 4 to 6 amends one or more of Attachments 1.2 to 1.7 of the Wangaratta LAP, to vary the nominal location of the radiocommunications transmitter planned by the Attachments. The amendments do not represent a change in the nominal location, but update the description of the location and changes the coordinates from the Australian Map Grid to GDA94. Each item also repeals a reference to the 2017 Guidelines.

Item 7

Item 7 amends Attachment 1.8 of the Wangaratta LAP, to vary 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 change the coordinates from the Australian Map Grid to GDA94. Item 7 also repeals a reference to the 2017 Guidelines.

Item 7 also removes the advisory notes to Attachment 1.8, and replaces them with a special condition relating to the maximum cymomotive force at which the transmitter may operate.

Item 8

Item 8 amends Attachment 1.9 of the Wangaratta LAP, to vary 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:

  • removes the advisory notes to Attachment 1.9, and replaces them with a special condition relating to the maximum cymomotive force at which the transmitter may operate; and
  • provides that the radiocommunications transmitter planned by the Attachment (which is the current transmitter used for AM transmission of 3NE) ceases to be available 28 days after 3NE commences FM transmission using the new transmitter planned in new Attachment 1.9A (see item 9).

Item 9

Item 9 inserts a new Attachment 1.9A. This Attachment plans the technical specifications for the main radiocommunications transmitter for FM transmission of 3NE in Wangaratta. However, the planning of this transmitter does not take effect until the transmission of the community radio broadcasting service using the transmitter planned in TS10007920 ceases.

Items 10 to 13

Each of items 10 to 13 amends one of Attachments 1.10 to 1.14 of the Wangaratta LAP, to vary 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 in Attachements 1.10 and 1.14, and changes the coordinates in each Attachment from the Australian Map Grid to GDA94. Each item also repeals a reference to the 2017 Guidelines.

Item 14

Item 14 amends Attachment 1.15 of the Wangaratta LAP, to vary 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 provides that the radiocommunications transmitter planned by the Attachment (which is the current transmitter used in Bright for transmission transmission of 3NNN) ceases to be planned on the first day on which 3NNN commences transmission using the new transmitter planned in new Attachment 1.15A (see item 15).

Item 15

Item 15 inserts a new Attachment 1.15A. This Attachment plans the technical specifications for the new radiocommunications transmitter for transmission of 3NNN in Bright.

Items 16 and 17

Items 16 and 17 amend Attachments 1.16 and 1.17 of the Wangaratta LAP, respectively, to vary the nominal locations 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. Each item also repeals a reference to the 2017 Guidelines. Item 17 also inserts advisory notes to Attachment 1.17.

Item 18

Item 18 inserts new Attachments 1.18 to 1.21. These attachments plan the technical specifications for the new in-fill radiocommunications transmitters for FM transmission of 3NE in specific parts of the Wangaratta RA1 licence area (namely, Wodonga, Bright, Myrtleford and Yarrawonga).

Items 19 to 21

Each of items 19 to 21 amends one of Attachments 2.2, 2.3 and 3.2 of the Wangaratta LAP, to vary the nominal location of the radiocommunications transmitter planned by the Attachment. 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. Each item also repeals a reference to the 2017 Guidelines. Items 19 and 20 also amend Attachments 2.2 and 2.3, respectively, to remove special conditions and insert advisory notes.

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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.