Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The ACMA must, by legislative instrument, prepare licence area plans that 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, and those plans must be consistent with the relevant frequency allotment plan.
(1A) To the extent to which a licence area plan prepared under subsection (1) deals with:
(a) digital commercial radio broadcasting services; or
(b) digital community radio broadcasting services; or
(c) digital national radio broadcasting services;
the licence area plan is not required to determine the technical specifications of those services.
Television licence area plans
(1B) The ACMA may, by legislative instrument, prepare licence area plans that:
(a) specify the channels that, under the relevant frequency allotment plan, are to be available in particular areas of Australia to provide the following services:
(i) commercial television broadcasting services;
(ii) national television broadcasting services;
(iii) other television broadcasting services;
with the use of the broadcasting services bands; and
(b) allot, or empower the ACMA to allot, those channels to:
(i) particular commercial television broadcasting licensees; or
(ii) particular national broadcasters; or
(iii) particular providers of television broadcasting services (other than commercial television broadcasting licensees or national broadcasters);
as the case requires; and
(c) determine the characteristics, including technical specifications, of the transmission of each of the following services:
(i) commercial television broadcasting services;
(ii) national television broadcasting services;
(iii) other television broadcasting services;
using those channels; and
(d) determine, or empower the ACMA to determine, any technical limitations on the use of a particular channel that the ACMA considers should be applicable; and
(e) determine, or empower the ACMA to determine, whether the use of a particular channel depends on any event or circumstances that the ACMA considers should be applicable.
(1C) A licence area plan prepared under subsection (1B) is to be known as a television licence area plan .
(1D) A television licence area plan may allot, or empower the ACMA to allot, different channels to:
(a) a particular commercial television broadcasting licensee; or
(b) a particular national broadcaster; or
(c) a particular provider of a television broadcasting service (other than a commercial television broadcasting licensee or a national broadcaster);
for different periods.
(1E) A television licence area plan may allot, or empower the ACMA to allot, 2 or more channels to:
(a) a particular commercial television broadcasting licensee; or
(b) a particular national broadcaster; or
(c) a particular provider of a television broadcasting service (other than a commercial television broadcasting licensee or a national broadcaster).
(1F) A television licence area plan must be consistent with the relevant frequency allotment plan.
(1G) A television licence area plan does not need to identify a particular television broadcasting service by name.
(1H) When the television licence area plan for a particular area comes into force:
(a) subsection (1) ceases to apply to:
(i) commercial television broadcasting services; and
(ii) national television broadcasting services; and
(iii) other television broadcasting services;
provided in the area; and
(b) if:
(i) immediately before the television licence area plan came into force, a licence area plan (the existing licence area plan ) prepared under subsection (1) was in force for the area; and
(ii) the existing licence area plan relates wholly to television broadcasting services;
the existing licence area plan ceases to have effect; and
(c) if:
(i) immediately before the television licence area plan came into force, a licence area plan (the existing licence area plan ) prepared under subsection (1) was in force for the area; and
(ii) the existing licence area plan relates partly to television broadcasting services and partly to other broadcasting services;
the existing licence area plan ceases to have effect to the extent to which it relates to television broadcasting services.
(1J) The television licence area plan for an area that is the licence area of a commercial television broadcasting licence must:
(a) not come into force before the end of the simulcast period, or the simulcast-equivalent period, for the area; and
(b) come into force before the designated re-stack day for the area.
(1K) For the purposes of this Act, the designated re-stack day for an area is:
(a) 31 December 2014; or
(b) if the Minister, by writing, specifies a later day for the area--that later day.
(1L) The Minister must not specify a day under paragraph (1K)(b) unless the Minister is satisfied that a failure to specify the day would be likely to result in significant difficulties of a technical or engineering nature for:
(a) a commercial television broadcasting licensee; or
(b) a national broadcaster; or
(c) a provider of a television broadcasting service (other than a commercial television broadcasting licensee or a national broadcaster).
(1M) Sections 23 and 27 have effect as if a function or power conferred on the ACMA by a television licence area plan were a function conferred on the ACMA by this section.
Variation
(2) The ACMA may, by legislative instrument, vary a licence area plan.
(3) If:
(a) a review is conducted under section 35A; and
(b) after the completion of the report of the review, the Minister is satisfied that a licence area plan should be varied in accordance with the recommendations in the report;
the Minister may give the ACMA a written direction requiring the ACMA to vary the licence area plan as specified in the direction.
(4) Subsection (3) does not limit subsection (2).
(5) The ACMA must comply with a direction under subsection (3).
(6) Sections 23 and 27 do not apply in relation to anything done by the ACMA in compliance with a direction under subsection (3).
Planning criteria--before designated re-stack day
(7) Paragraphs 23(a) and (b) do not apply in relation to:
(a) the preparation of a television licence area plan for a particular area; or
(b) the variation of a television licence area plan for a particular area; or
(c) the performance of a function, or the exercise of a power, by the ACMA under a television licence area plan for a particular area;
before the designated re-stack day for the area.
Note: For designated re-stack day , see subsection 26(1K).
Ministerial direction
(8) The Minister may, by legislative instrument, direct the ACMA about the exercise of its powers to make or vary a television licence area plan for a particular area.
(9) The ACMA must comply with a direction under subsection (8).
(10) Subsections (8) and (9) cease to have effect in relation to a particular area at the start of the designated re-stack day for the area.
Legislative instruments
(11) If a determination made by the ACMA under a television licence area plan is in writing, the determination is not a legislative instrument.
(12) An instrument under paragraph (1K)(b) is not a legislative instrument.
Definitions
(13) In this section:
"national television broadcasting service" has the same meaning as in Schedule 4.
"simulcast-equivalent period" has the same meaning as in Schedule 4.
"simulcast period" has the same meaning as in Schedule 4.
"television broadcasting service" means a broadcasting service that provides television programs.
Note: For designation of licence areas, see section 29.
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