Federal Register of Legislation - Australian Government

Primary content

Plans/Communications as made
The instrument varies the Licence Area Plan - Broken Hill (Television and Radio) - February 1996 by way of replacing commercial analog television channels set out in the existing Broken Hill Television and Radio LAP with commercial digital channels in the Broken Hill Digital Channel Plan.
Administered by: Broadband, Communications and the Digital Economy
Exempt from sunsetting by the Legislative Instruments Act 2003 s 54(2) item 8
Registered 14 Dec 2010
Tabling HistoryDate
Tabled HR08-Feb-2011
Tabled Senate08-Feb-2011
Date of repeal 09 Aug 2013
Repealed by Broadband, Communications and the Digital Economy (Spent and Redundant Instruments) Repeal Regulation 2013

Explanatory Statement

Section 26 – Legislative Instruments Act 2003

Variation to the Licence Area Plan for Broken Hill Television and Radio – No.1 of 2010

DECEMBER 2010

 

 

 

 


 

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Legislative Instruments Act 2003

Section 26 – Explanatory Statement

Variation No.1 of 2010 to the Licence Area Plan for Broken Hill Television and Radio made under the 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 (the BSA) previously exercised by the Australian Broadcasting Authority (the ABA).

The ACMA has varied the Licence Area Plan (LAP) for Broken Hill Television and Radio. The variation was made under subsection 26(2) of the BSA and is referred to in this explanatory statement as “the instrument”.

 

The licence area plans and variations

The ACMA prepares 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 ABA made the Licence Area Plan for Broken Hill Television and Radio in February 1996. The television component of the LAP was varied in March 2002. It is referred to in this explanatory statement as “the Broken Hill Television and Radio LAP”.

 

Intended impact and effect

The instrument varies the Broken Hill Television and Radio LAP by way of replacing commercial analog television channels set out in the existing Broken Hill Television and Radio LAP with commercial digital channels in the Broken Hill Digital Channel Plan (DCP).

 

Regulatory impact analysis

We have formed the view that the recommendations in this submission would give rise to a regulatory obligation and we have undertaken a regulatory analysis process. The Office of Best Practice Regulation has considered the matter and formed the opinion that the proposed amendments will have minor and machinery impacts and therefore no further analysis (in the form of a Business Cost Calculator Report or Regulation Impact Statement) is required. OBPR ID: 2010/11720

 

Consultation and submissions

Before making the decision to vary the Broken Hill Television and Radio LAP, the ACMA undertook the following consultation:

On 5 October 2010, the ACMA published the following papers on its website:

o     a draft variation to the Broken Hill Television and Radio LAP;  and

o     an explanatory paper about the changes proposed in the draft variation to the Broken Hill Television and Radio LAP, which invited public comment by 17 October 2010.

On 6 October 2010, the ACMA placed an advertisement in The Australian national newspaper, outlining the proposed draft variation to the LAP, providing details of how to obtain copies of the draft variation and how to access it on the ACMA’s website, and inviting public comment.

On 7 October 2010, the ACMA wrote to the commercial television broadcasting licensees alerting them to the proposed variation and inviting comment.

The ACMA received no submissions on the draft variation to the Broken Hill Television and Radio LAP or on the accompanying explanatory paper.

 

Description of the provisions of the instrument

Clause (1)

Clause (1) identifies the power under which the ACMA makes the instrument, section 26(2) of the BSA.

Clause (2)

Clause (2) names the instrument the Variation to the Licence Area Plan for Broken Hill Television and Radio – No. 1 of 2010.

Clause (3)

Clause (3) provides that the instrument commences on 15 December 2010, which is the end of the simulcast period for the Broken Hill TV1 licence area.

Clause (4)

Clause (4) of the instrument replaces the Schedules and Attachments that deal with commercial television broadcasting services transmitted in analog mode with Schedules and Attachments that deal with transmission of such services in digital mode.  The channels to be used, and relevant technical specifications, are those planned in the Broken Hill DCP. 

Clause (4) also makes some minor formatting changes to the Broken Hill Television and Radio LAP.