This instrument fixes which radio services may operate in the Bendigo, Victoria licence area and points to Schedules and Attachments that set the technical parameters. It identifies service categories (national, commercial, community, open narrowcasting) and ties each allocation to mapped areas. Broadcasters, licence applicants and the regulator are affected because the plan defines entitlement to spectrum, technical limits and the reference documents that determine compliance and any future changes (see clauses (2)–(11) and (12)).
This instrument is a Licence Area Plan (LAP), the Bendigo Radio plan, made under subsection 26(1) of the Broadcasting Services Act 1992. It declares, for the Bendigo area in Victoria, the classes and numbers of radio broadcasting services that are to be available in specified Licence Area Attachments, and it links each declared service to further Schedules and Attachments that set the services’ characteristics and technical specifications.
Concretely the text does the following, as written:
Declares availability of stations by category and by Attachment:
Attachment 1.1: four national radio broadcasting services, two commercial radio broadcasting services, and one open narrowcasting radio service, with characteristics specified in Schedule One and Attachments 1.2-1.8.
Attachment 2.1: one commercial radio broadcasting service, with characteristics in Schedule Two and Attachments 2.2-2.3.
Attachment 3.1: one community radio broadcasting service, characteristics in Schedule Three and Attachment 3.2.
Attachment 4.1: one community service, characteristics in Schedule Four and Attachments 4.2-4.3.
Attachment 5.1: one community service, Schedule Five and Attachment 5.2.
Attachment 6.1: one community service, Schedule Six and Attachment 6.2.
Attachment 7.1: one community service, Schedule Seven and Attachment 7.2.
Attachment 8.1: one community service, Schedule Eight and Attachment 8.2.
Attachment 9.1: two community radio broadcasting services, Schedule Nine and Attachments 9.2-9.3.
Attachment 10.1: one community radio broadcasting service, Schedule Ten and Attachment 10.2.
Current sections
Direct links to the current provisions in Licence Area Plan – Bendigo Radio.
15
Licence Area Plan - Bendigo Radio
Licence Area Plan - Bendigo Radio
Licence Area Plan - Bendigo Radio
Determination
(1) This plan for broadcasting services in the Bendigo area of Victoria is made under subsection 26(1) of the Broadcasting Services Act 1992.
(2) Four national radio broadcasting services, two commercial radio broadcasting services and one open narrowcasting radio service are to be available in the area described at Attachment 1.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the services that are to be available in the area described at Attachment 1.1 are set out in Schedule One and Attachments 1.2 – 1.8 to this plan.
(3) One commercial radio broadcasting service is to be available in the area described at Attachment 2.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 2.1 are set out in Schedule Two and Attachments 2.2 – 2.3 to this plan.
(4) One community radio broadcasting service is to be available in the area described at Attachment 3.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 3.1 are set out in Schedule Three and Attachment 3.2 to this plan.
(5) One community radio broadcasting service is to be available in the area described at Attachment 4.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 4.1 are set out in Schedule Four and Attachments 4.2 – 4.3 to this plan.
(6) One community radio broadcasting service is to be available in the area described at Attachment 5.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 5.1 are set out in Schedule Five and Attachment 5.2 to this plan.
(7) One community radio broadcasting service is to be available in the area described at Attachment 6.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 6.1 are set out in Schedule Six and Attachment 6.2 to this plan.
(8) One community radio broadcasting service is to be available in the area described at Attachment 7.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 7.1 are set out in Schedule Seven and Attachment 7.2 to this plan.
(9) One community radio broadcasting service is to be available in the area described at Attachment 8.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 8.1 are set out in Schedule Eight and Attachment 8.2 to this plan.
(10) Two community radio broadcasting service are to be available in the area described at Attachment 9.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 9.1 are set out in Schedule Nine and Attachments 9.2 – 9.3 to this plan.
(11) One community radio broadcasting service is to be available in the area described at Attachment 10.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 10.1 are set out in Schedule Ten and Attachment 10.2 to this plan.
(12) In this plan, unless the contrary intention appears:
(a) a reference to a schedule or an attachment includes reference to that schedule or attachment as amended from time to time;
(b) a reference to any other legislative instrument is a reference to that other instrument as in force from time to time; and
(c) a reference to any other kind of instrument or writing is a reference to that other instrument or writing as in force or in existence at the time the reference was included in this plan.
Note1: For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.
Note 2: All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.
Determination
Determination
Licence Area Plan - Bendigo Radio
Determination
(1) This plan for broadcasting services in the Bendigo area of Victoria is made under subsection 26(1) of the Broadcasting Services Act 1992.
(2) Four national radio broadcasting services, two commercial radio broadcasting services and one open narrowcasting radio service are to be available in the area described at Attachment 1.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the services that are to be available in the area described at Attachment 1.1 are set out in Schedule One and Attachments 1.2 – 1.8 to this plan.
(3) One commercial radio broadcasting service is to be available in the area described at Attachment 2.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 2.1 are set out in Schedule Two and Attachments 2.2 – 2.3 to this plan.
(4) One community radio broadcasting service is to be available in the area described at Attachment 3.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 3.1 are set out in Schedule Three and Attachment 3.2 to this plan.
(5) One community radio broadcasting service is to be available in the area described at Attachment 4.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 4.1 are set out in Schedule Four and Attachments 4.2 – 4.3 to this plan.
(6) One community radio broadcasting service is to be available in the area described at Attachment 5.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 5.1 are set out in Schedule Five and Attachment 5.2 to this plan.
(7) One community radio broadcasting service is to be available in the area described at Attachment 6.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 6.1 are set out in Schedule Six and Attachment 6.2 to this plan.
(8) One community radio broadcasting service is to be available in the area described at Attachment 7.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 7.1 are set out in Schedule Seven and Attachment 7.2 to this plan.
(9) One community radio broadcasting service is to be available in the area described at Attachment 8.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 8.1 are set out in Schedule Eight and Attachment 8.2 to this plan.
(10) Two community radio broadcasting service are to be available in the area described at Attachment 9.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 9.1 are set out in Schedule Nine and Attachments 9.2 – 9.3 to this plan.
(11) One community radio broadcasting service is to be available in the area described at Attachment 10.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 10.1 are set out in Schedule Ten and Attachment 10.2 to this plan.
(12) In this plan, unless the contrary intention appears:
(a) a reference to a schedule or an attachment includes reference to that schedule or attachment as amended from time to time;
(b) a reference to any other legislative instrument is a reference to that other instrument as in force from time to time; and
(c) a reference to any other kind of instrument or writing is a reference to that other instrument or writing as in force or in existence at the time the reference was included in this plan.
Note1: For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.
Note 2: All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.
(1) This plan for broadcasting services
(1) This plan for broadcasting services in the Bendigo area of Victoria is made under subsection 26(1) of the Broadcasting Services Act 1992.
Licence Area Plan - Bendigo Radio
Determination
(1) This plan for broadcasting services in the Bendigo area of Victoria is made under subsection 26(1) of the Broadcasting Services Act 1992.
(2) Four national radio broadcasting services, two commercial radio broadcasting services and one open narrowcasting radio service are to be available in the area described at Attachment 1.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the services that are to be available in the area described at Attachment 1.1 are set out in Schedule One and Attachments 1.2 – 1.8 to this plan.
(3) One commercial radio broadcasting service is to be available in the area described at Attachment 2.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 2.1 are set out in Schedule Two and Attachments 2.2 – 2.3 to this plan.
(4) One community radio broadcasting service is to be available in the area described at Attachment 3.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 3.1 are set out in Schedule Three and Attachment 3.2 to this plan.
(5) One community radio broadcasting service is to be available in the area described at Attachment 4.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 4.1 are set out in Schedule Four and Attachments 4.2 – 4.3 to this plan.
(6) One community radio broadcasting service is to be available in the area described at Attachment 5.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 5.1 are set out in Schedule Five and Attachment 5.2 to this plan.
(7) One community radio broadcasting service is to be available in the area described at Attachment 6.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 6.1 are set out in Schedule Six and Attachment 6.2 to this plan.
(8) One community radio broadcasting service is to be available in the area described at Attachment 7.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 7.1 are set out in Schedule Seven and Attachment 7.2 to this plan.
(9) One community radio broadcasting service is to be available in the area described at Attachment 8.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 8.1 are set out in Schedule Eight and Attachment 8.2 to this plan.
(10) Two community radio broadcasting service are to be available in the area described at Attachment 9.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 9.1 are set out in Schedule Nine and Attachments 9.2 – 9.3 to this plan.
(11) One community radio broadcasting service is to be available in the area described at Attachment 10.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 10.1 are set out in Schedule Ten and Attachment 10.2 to this plan.
(12) In this plan, unless the contrary intention appears:
(a) a reference to a schedule or an attachment includes reference to that schedule or attachment as amended from time to time;
(b) a reference to any other legislative instrument is a reference to that other instrument as in force from time to time; and
(c) a reference to any other kind of instrument or writing is a reference to that other instrument or writing as in force or in existence at the time the reference was included in this plan.
Note1: For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.
Note 2: All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.
(2) Four national radio broadcasting ser
(2) Four national radio broadcasting services, two commercial radio broadcasting services and one open narrowcasting radio service are to be available in the area described at Attachment 1.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the services that are to be available in the area described at Attachment 1.1 are set out in Schedule One and Attachments 1.2 — 1.8 to this plan.
Licence Area Plan - Bendigo Radio
Determination
(1) This plan for broadcasting services in the Bendigo area of Victoria is made under subsection 26(1) of the Broadcasting Services Act 1992.
(2) Four national radio broadcasting services, two commercial radio broadcasting services and one open narrowcasting radio service are to be available in the area described at Attachment 1.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the services that are to be available in the area described at Attachment 1.1 are set out in Schedule One and Attachments 1.2 – 1.8 to this plan.
(3) One commercial radio broadcasting service is to be available in the area described at Attachment 2.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 2.1 are set out in Schedule Two and Attachments 2.2 – 2.3 to this plan.
(4) One community radio broadcasting service is to be available in the area described at Attachment 3.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 3.1 are set out in Schedule Three and Attachment 3.2 to this plan.
(5) One community radio broadcasting service is to be available in the area described at Attachment 4.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 4.1 are set out in Schedule Four and Attachments 4.2 – 4.3 to this plan.
(6) One community radio broadcasting service is to be available in the area described at Attachment 5.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 5.1 are set out in Schedule Five and Attachment 5.2 to this plan.
(7) One community radio broadcasting service is to be available in the area described at Attachment 6.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 6.1 are set out in Schedule Six and Attachment 6.2 to this plan.
(8) One community radio broadcasting service is to be available in the area described at Attachment 7.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 7.1 are set out in Schedule Seven and Attachment 7.2 to this plan.
(9) One community radio broadcasting service is to be available in the area described at Attachment 8.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 8.1 are set out in Schedule Eight and Attachment 8.2 to this plan.
(10) Two community radio broadcasting service are to be available in the area described at Attachment 9.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 9.1 are set out in Schedule Nine and Attachments 9.2 – 9.3 to this plan.
(11) One community radio broadcasting service is to be available in the area described at Attachment 10.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 10.1 are set out in Schedule Ten and Attachment 10.2 to this plan.
(12) In this plan, unless the contrary intention appears:
(a) a reference to a schedule or an attachment includes reference to that schedule or attachment as amended from time to time;
(b) a reference to any other legislative instrument is a reference to that other instrument as in force from time to time; and
(c) a reference to any other kind of instrument or writing is a reference to that other instrument or writing as in force or in existence at the time the reference was included in this plan.
Note1: For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.
Note 2: All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.
(3) One commercial radio broadcasting se
(3) One commercial radio broadcasting service is to be available in the area described at Attachment 2.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 2.1 are set out in Schedule Two and Attachments 2.2 — 2.3 to this plan.
Licence Area Plan - Bendigo Radio
Determination
(1) This plan for broadcasting services in the Bendigo area of Victoria is made under subsection 26(1) of the Broadcasting Services Act 1992.
(2) Four national radio broadcasting services, two commercial radio broadcasting services and one open narrowcasting radio service are to be available in the area described at Attachment 1.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the services that are to be available in the area described at Attachment 1.1 are set out in Schedule One and Attachments 1.2 – 1.8 to this plan.
(3) One commercial radio broadcasting service is to be available in the area described at Attachment 2.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 2.1 are set out in Schedule Two and Attachments 2.2 – 2.3 to this plan.
(4) One community radio broadcasting service is to be available in the area described at Attachment 3.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 3.1 are set out in Schedule Three and Attachment 3.2 to this plan.
(5) One community radio broadcasting service is to be available in the area described at Attachment 4.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 4.1 are set out in Schedule Four and Attachments 4.2 – 4.3 to this plan.
(6) One community radio broadcasting service is to be available in the area described at Attachment 5.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 5.1 are set out in Schedule Five and Attachment 5.2 to this plan.
(7) One community radio broadcasting service is to be available in the area described at Attachment 6.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 6.1 are set out in Schedule Six and Attachment 6.2 to this plan.
(8) One community radio broadcasting service is to be available in the area described at Attachment 7.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 7.1 are set out in Schedule Seven and Attachment 7.2 to this plan.
(9) One community radio broadcasting service is to be available in the area described at Attachment 8.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 8.1 are set out in Schedule Eight and Attachment 8.2 to this plan.
(10) Two community radio broadcasting service are to be available in the area described at Attachment 9.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 9.1 are set out in Schedule Nine and Attachments 9.2 – 9.3 to this plan.
(11) One community radio broadcasting service is to be available in the area described at Attachment 10.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 10.1 are set out in Schedule Ten and Attachment 10.2 to this plan.
(12) In this plan, unless the contrary intention appears:
(a) a reference to a schedule or an attachment includes reference to that schedule or attachment as amended from time to time;
(b) a reference to any other legislative instrument is a reference to that other instrument as in force from time to time; and
(c) a reference to any other kind of instrument or writing is a reference to that other instrument or writing as in force or in existence at the time the reference was included in this plan.
Note1: For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.
Note 2: All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.
(4) One community radio broadcasting ser
(4) One community radio broadcasting service is to be available in the area described at Attachment 3.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 3.1 are set out in Schedule Three and Attachment 3.2 to this plan.
Licence Area Plan - Bendigo Radio
Determination
(1) This plan for broadcasting services in the Bendigo area of Victoria is made under subsection 26(1) of the Broadcasting Services Act 1992.
(2) Four national radio broadcasting services, two commercial radio broadcasting services and one open narrowcasting radio service are to be available in the area described at Attachment 1.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the services that are to be available in the area described at Attachment 1.1 are set out in Schedule One and Attachments 1.2 – 1.8 to this plan.
(3) One commercial radio broadcasting service is to be available in the area described at Attachment 2.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 2.1 are set out in Schedule Two and Attachments 2.2 – 2.3 to this plan.
(4) One community radio broadcasting service is to be available in the area described at Attachment 3.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 3.1 are set out in Schedule Three and Attachment 3.2 to this plan.
(5) One community radio broadcasting service is to be available in the area described at Attachment 4.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 4.1 are set out in Schedule Four and Attachments 4.2 – 4.3 to this plan.
(6) One community radio broadcasting service is to be available in the area described at Attachment 5.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 5.1 are set out in Schedule Five and Attachment 5.2 to this plan.
(7) One community radio broadcasting service is to be available in the area described at Attachment 6.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 6.1 are set out in Schedule Six and Attachment 6.2 to this plan.
(8) One community radio broadcasting service is to be available in the area described at Attachment 7.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 7.1 are set out in Schedule Seven and Attachment 7.2 to this plan.
(9) One community radio broadcasting service is to be available in the area described at Attachment 8.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 8.1 are set out in Schedule Eight and Attachment 8.2 to this plan.
(10) Two community radio broadcasting service are to be available in the area described at Attachment 9.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 9.1 are set out in Schedule Nine and Attachments 9.2 – 9.3 to this plan.
(11) One community radio broadcasting service is to be available in the area described at Attachment 10.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 10.1 are set out in Schedule Ten and Attachment 10.2 to this plan.
(12) In this plan, unless the contrary intention appears:
(a) a reference to a schedule or an attachment includes reference to that schedule or attachment as amended from time to time;
(b) a reference to any other legislative instrument is a reference to that other instrument as in force from time to time; and
(c) a reference to any other kind of instrument or writing is a reference to that other instrument or writing as in force or in existence at the time the reference was included in this plan.
Note1: For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.
Note 2: All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.
(5) One community radio broadcasting ser
(5) One community radio broadcasting service is to be available in the area described at Attachment 4.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 4.1 are set out in Schedule Four and Attachments 4.2 — 4.3 to this plan.
Licence Area Plan - Bendigo Radio
Determination
(1) This plan for broadcasting services in the Bendigo area of Victoria is made under subsection 26(1) of the Broadcasting Services Act 1992.
(2) Four national radio broadcasting services, two commercial radio broadcasting services and one open narrowcasting radio service are to be available in the area described at Attachment 1.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the services that are to be available in the area described at Attachment 1.1 are set out in Schedule One and Attachments 1.2 – 1.8 to this plan.
(3) One commercial radio broadcasting service is to be available in the area described at Attachment 2.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 2.1 are set out in Schedule Two and Attachments 2.2 – 2.3 to this plan.
(4) One community radio broadcasting service is to be available in the area described at Attachment 3.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 3.1 are set out in Schedule Three and Attachment 3.2 to this plan.
(5) One community radio broadcasting service is to be available in the area described at Attachment 4.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 4.1 are set out in Schedule Four and Attachments 4.2 – 4.3 to this plan.
(6) One community radio broadcasting service is to be available in the area described at Attachment 5.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 5.1 are set out in Schedule Five and Attachment 5.2 to this plan.
(7) One community radio broadcasting service is to be available in the area described at Attachment 6.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 6.1 are set out in Schedule Six and Attachment 6.2 to this plan.
(8) One community radio broadcasting service is to be available in the area described at Attachment 7.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 7.1 are set out in Schedule Seven and Attachment 7.2 to this plan.
(9) One community radio broadcasting service is to be available in the area described at Attachment 8.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 8.1 are set out in Schedule Eight and Attachment 8.2 to this plan.
(10) Two community radio broadcasting service are to be available in the area described at Attachment 9.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 9.1 are set out in Schedule Nine and Attachments 9.2 – 9.3 to this plan.
(11) One community radio broadcasting service is to be available in the area described at Attachment 10.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 10.1 are set out in Schedule Ten and Attachment 10.2 to this plan.
(12) In this plan, unless the contrary intention appears:
(a) a reference to a schedule or an attachment includes reference to that schedule or attachment as amended from time to time;
(b) a reference to any other legislative instrument is a reference to that other instrument as in force from time to time; and
(c) a reference to any other kind of instrument or writing is a reference to that other instrument or writing as in force or in existence at the time the reference was included in this plan.
Note1: For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.
Note 2: All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.
(6) One community radio broadcasting ser
(6) One community radio broadcasting service is to be available in the area described at Attachment 5.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 5.1 are set out in Schedule Five and Attachment 5.2 to this plan.
Licence Area Plan - Bendigo Radio
Determination
(1) This plan for broadcasting services in the Bendigo area of Victoria is made under subsection 26(1) of the Broadcasting Services Act 1992.
(2) Four national radio broadcasting services, two commercial radio broadcasting services and one open narrowcasting radio service are to be available in the area described at Attachment 1.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the services that are to be available in the area described at Attachment 1.1 are set out in Schedule One and Attachments 1.2 – 1.8 to this plan.
(3) One commercial radio broadcasting service is to be available in the area described at Attachment 2.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 2.1 are set out in Schedule Two and Attachments 2.2 – 2.3 to this plan.
(4) One community radio broadcasting service is to be available in the area described at Attachment 3.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 3.1 are set out in Schedule Three and Attachment 3.2 to this plan.
(5) One community radio broadcasting service is to be available in the area described at Attachment 4.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 4.1 are set out in Schedule Four and Attachments 4.2 – 4.3 to this plan.
(6) One community radio broadcasting service is to be available in the area described at Attachment 5.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 5.1 are set out in Schedule Five and Attachment 5.2 to this plan.
(7) One community radio broadcasting service is to be available in the area described at Attachment 6.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 6.1 are set out in Schedule Six and Attachment 6.2 to this plan.
(8) One community radio broadcasting service is to be available in the area described at Attachment 7.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 7.1 are set out in Schedule Seven and Attachment 7.2 to this plan.
(9) One community radio broadcasting service is to be available in the area described at Attachment 8.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 8.1 are set out in Schedule Eight and Attachment 8.2 to this plan.
(10) Two community radio broadcasting service are to be available in the area described at Attachment 9.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 9.1 are set out in Schedule Nine and Attachments 9.2 – 9.3 to this plan.
(11) One community radio broadcasting service is to be available in the area described at Attachment 10.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 10.1 are set out in Schedule Ten and Attachment 10.2 to this plan.
(12) In this plan, unless the contrary intention appears:
(a) a reference to a schedule or an attachment includes reference to that schedule or attachment as amended from time to time;
(b) a reference to any other legislative instrument is a reference to that other instrument as in force from time to time; and
(c) a reference to any other kind of instrument or writing is a reference to that other instrument or writing as in force or in existence at the time the reference was included in this plan.
Note1: For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.
Note 2: All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.
(7) One community radio broadcasting ser
(7) One community radio broadcasting service is to be available in the area described at Attachment 6.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 6.1 are set out in Schedule Six and Attachment 6.2 to this plan.
Licence Area Plan - Bendigo Radio
Determination
(1) This plan for broadcasting services in the Bendigo area of Victoria is made under subsection 26(1) of the Broadcasting Services Act 1992.
(2) Four national radio broadcasting services, two commercial radio broadcasting services and one open narrowcasting radio service are to be available in the area described at Attachment 1.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the services that are to be available in the area described at Attachment 1.1 are set out in Schedule One and Attachments 1.2 – 1.8 to this plan.
(3) One commercial radio broadcasting service is to be available in the area described at Attachment 2.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 2.1 are set out in Schedule Two and Attachments 2.2 – 2.3 to this plan.
(4) One community radio broadcasting service is to be available in the area described at Attachment 3.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 3.1 are set out in Schedule Three and Attachment 3.2 to this plan.
(5) One community radio broadcasting service is to be available in the area described at Attachment 4.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 4.1 are set out in Schedule Four and Attachments 4.2 – 4.3 to this plan.
(6) One community radio broadcasting service is to be available in the area described at Attachment 5.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 5.1 are set out in Schedule Five and Attachment 5.2 to this plan.
(7) One community radio broadcasting service is to be available in the area described at Attachment 6.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 6.1 are set out in Schedule Six and Attachment 6.2 to this plan.
(8) One community radio broadcasting service is to be available in the area described at Attachment 7.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 7.1 are set out in Schedule Seven and Attachment 7.2 to this plan.
(9) One community radio broadcasting service is to be available in the area described at Attachment 8.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 8.1 are set out in Schedule Eight and Attachment 8.2 to this plan.
(10) Two community radio broadcasting service are to be available in the area described at Attachment 9.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 9.1 are set out in Schedule Nine and Attachments 9.2 – 9.3 to this plan.
(11) One community radio broadcasting service is to be available in the area described at Attachment 10.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 10.1 are set out in Schedule Ten and Attachment 10.2 to this plan.
(12) In this plan, unless the contrary intention appears:
(a) a reference to a schedule or an attachment includes reference to that schedule or attachment as amended from time to time;
(b) a reference to any other legislative instrument is a reference to that other instrument as in force from time to time; and
(c) a reference to any other kind of instrument or writing is a reference to that other instrument or writing as in force or in existence at the time the reference was included in this plan.
Note1: For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.
Note 2: All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.
(8) One community radio broadcasting ser
(8) One community radio broadcasting service is to be available in the area described at Attachment 7.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 7.1 are set out in Schedule Seven and Attachment 7.2 to this plan.
Licence Area Plan - Bendigo Radio
Determination
(1) This plan for broadcasting services in the Bendigo area of Victoria is made under subsection 26(1) of the Broadcasting Services Act 1992.
(2) Four national radio broadcasting services, two commercial radio broadcasting services and one open narrowcasting radio service are to be available in the area described at Attachment 1.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the services that are to be available in the area described at Attachment 1.1 are set out in Schedule One and Attachments 1.2 – 1.8 to this plan.
(3) One commercial radio broadcasting service is to be available in the area described at Attachment 2.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 2.1 are set out in Schedule Two and Attachments 2.2 – 2.3 to this plan.
(4) One community radio broadcasting service is to be available in the area described at Attachment 3.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 3.1 are set out in Schedule Three and Attachment 3.2 to this plan.
(5) One community radio broadcasting service is to be available in the area described at Attachment 4.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 4.1 are set out in Schedule Four and Attachments 4.2 – 4.3 to this plan.
(6) One community radio broadcasting service is to be available in the area described at Attachment 5.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 5.1 are set out in Schedule Five and Attachment 5.2 to this plan.
(7) One community radio broadcasting service is to be available in the area described at Attachment 6.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 6.1 are set out in Schedule Six and Attachment 6.2 to this plan.
(8) One community radio broadcasting service is to be available in the area described at Attachment 7.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 7.1 are set out in Schedule Seven and Attachment 7.2 to this plan.
(9) One community radio broadcasting service is to be available in the area described at Attachment 8.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 8.1 are set out in Schedule Eight and Attachment 8.2 to this plan.
(10) Two community radio broadcasting service are to be available in the area described at Attachment 9.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 9.1 are set out in Schedule Nine and Attachments 9.2 – 9.3 to this plan.
(11) One community radio broadcasting service is to be available in the area described at Attachment 10.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 10.1 are set out in Schedule Ten and Attachment 10.2 to this plan.
(12) In this plan, unless the contrary intention appears:
(a) a reference to a schedule or an attachment includes reference to that schedule or attachment as amended from time to time;
(b) a reference to any other legislative instrument is a reference to that other instrument as in force from time to time; and
(c) a reference to any other kind of instrument or writing is a reference to that other instrument or writing as in force or in existence at the time the reference was included in this plan.
Note1: For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.
Note 2: All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.
(9) One community radio broadcasting ser
(9) One community radio broadcasting service is to be available in the area described at Attachment 8.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 8.1 are set out in Schedule Eight and Attachment 8.2 to this plan.
Licence Area Plan - Bendigo Radio
Determination
(1) This plan for broadcasting services in the Bendigo area of Victoria is made under subsection 26(1) of the Broadcasting Services Act 1992.
(2) Four national radio broadcasting services, two commercial radio broadcasting services and one open narrowcasting radio service are to be available in the area described at Attachment 1.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the services that are to be available in the area described at Attachment 1.1 are set out in Schedule One and Attachments 1.2 – 1.8 to this plan.
(3) One commercial radio broadcasting service is to be available in the area described at Attachment 2.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 2.1 are set out in Schedule Two and Attachments 2.2 – 2.3 to this plan.
(4) One community radio broadcasting service is to be available in the area described at Attachment 3.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 3.1 are set out in Schedule Three and Attachment 3.2 to this plan.
(5) One community radio broadcasting service is to be available in the area described at Attachment 4.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 4.1 are set out in Schedule Four and Attachments 4.2 – 4.3 to this plan.
(6) One community radio broadcasting service is to be available in the area described at Attachment 5.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 5.1 are set out in Schedule Five and Attachment 5.2 to this plan.
(7) One community radio broadcasting service is to be available in the area described at Attachment 6.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 6.1 are set out in Schedule Six and Attachment 6.2 to this plan.
(8) One community radio broadcasting service is to be available in the area described at Attachment 7.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 7.1 are set out in Schedule Seven and Attachment 7.2 to this plan.
(9) One community radio broadcasting service is to be available in the area described at Attachment 8.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 8.1 are set out in Schedule Eight and Attachment 8.2 to this plan.
(10) Two community radio broadcasting service are to be available in the area described at Attachment 9.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 9.1 are set out in Schedule Nine and Attachments 9.2 – 9.3 to this plan.
(11) One community radio broadcasting service is to be available in the area described at Attachment 10.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 10.1 are set out in Schedule Ten and Attachment 10.2 to this plan.
(12) In this plan, unless the contrary intention appears:
(a) a reference to a schedule or an attachment includes reference to that schedule or attachment as amended from time to time;
(b) a reference to any other legislative instrument is a reference to that other instrument as in force from time to time; and
(c) a reference to any other kind of instrument or writing is a reference to that other instrument or writing as in force or in existence at the time the reference was included in this plan.
Note1: For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.
Note 2: All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.
(10) Two community radio broadcasting se
(10) Two community radio broadcasting service are to be available in the area described at Attachment 9.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 9.1 are set out in Schedule Nine and Attachments 9.2 — 9.3 to this plan.
Licence Area Plan - Bendigo Radio
Determination
(1) This plan for broadcasting services in the Bendigo area of Victoria is made under subsection 26(1) of the Broadcasting Services Act 1992.
(2) Four national radio broadcasting services, two commercial radio broadcasting services and one open narrowcasting radio service are to be available in the area described at Attachment 1.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the services that are to be available in the area described at Attachment 1.1 are set out in Schedule One and Attachments 1.2 – 1.8 to this plan.
(3) One commercial radio broadcasting service is to be available in the area described at Attachment 2.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 2.1 are set out in Schedule Two and Attachments 2.2 – 2.3 to this plan.
(4) One community radio broadcasting service is to be available in the area described at Attachment 3.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 3.1 are set out in Schedule Three and Attachment 3.2 to this plan.
(5) One community radio broadcasting service is to be available in the area described at Attachment 4.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 4.1 are set out in Schedule Four and Attachments 4.2 – 4.3 to this plan.
(6) One community radio broadcasting service is to be available in the area described at Attachment 5.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 5.1 are set out in Schedule Five and Attachment 5.2 to this plan.
(7) One community radio broadcasting service is to be available in the area described at Attachment 6.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 6.1 are set out in Schedule Six and Attachment 6.2 to this plan.
(8) One community radio broadcasting service is to be available in the area described at Attachment 7.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 7.1 are set out in Schedule Seven and Attachment 7.2 to this plan.
(9) One community radio broadcasting service is to be available in the area described at Attachment 8.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 8.1 are set out in Schedule Eight and Attachment 8.2 to this plan.
(10) Two community radio broadcasting service are to be available in the area described at Attachment 9.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 9.1 are set out in Schedule Nine and Attachments 9.2 – 9.3 to this plan.
(11) One community radio broadcasting service is to be available in the area described at Attachment 10.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 10.1 are set out in Schedule Ten and Attachment 10.2 to this plan.
(12) In this plan, unless the contrary intention appears:
(a) a reference to a schedule or an attachment includes reference to that schedule or attachment as amended from time to time;
(b) a reference to any other legislative instrument is a reference to that other instrument as in force from time to time; and
(c) a reference to any other kind of instrument or writing is a reference to that other instrument or writing as in force or in existence at the time the reference was included in this plan.
Note1: For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.
Note 2: All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.
(11) One community radio broadcasting se
(11) One community radio broadcasting service is to be available in the area described at Attachment 10.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 10.1 are set out in Schedule Ten and Attachment 10.2 to this plan.
Licence Area Plan - Bendigo Radio
Determination
(1) This plan for broadcasting services in the Bendigo area of Victoria is made under subsection 26(1) of the Broadcasting Services Act 1992.
(2) Four national radio broadcasting services, two commercial radio broadcasting services and one open narrowcasting radio service are to be available in the area described at Attachment 1.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the services that are to be available in the area described at Attachment 1.1 are set out in Schedule One and Attachments 1.2 – 1.8 to this plan.
(3) One commercial radio broadcasting service is to be available in the area described at Attachment 2.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 2.1 are set out in Schedule Two and Attachments 2.2 – 2.3 to this plan.
(4) One community radio broadcasting service is to be available in the area described at Attachment 3.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 3.1 are set out in Schedule Three and Attachment 3.2 to this plan.
(5) One community radio broadcasting service is to be available in the area described at Attachment 4.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 4.1 are set out in Schedule Four and Attachments 4.2 – 4.3 to this plan.
(6) One community radio broadcasting service is to be available in the area described at Attachment 5.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 5.1 are set out in Schedule Five and Attachment 5.2 to this plan.
(7) One community radio broadcasting service is to be available in the area described at Attachment 6.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 6.1 are set out in Schedule Six and Attachment 6.2 to this plan.
(8) One community radio broadcasting service is to be available in the area described at Attachment 7.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 7.1 are set out in Schedule Seven and Attachment 7.2 to this plan.
(9) One community radio broadcasting service is to be available in the area described at Attachment 8.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 8.1 are set out in Schedule Eight and Attachment 8.2 to this plan.
(10) Two community radio broadcasting service are to be available in the area described at Attachment 9.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 9.1 are set out in Schedule Nine and Attachments 9.2 – 9.3 to this plan.
(11) One community radio broadcasting service is to be available in the area described at Attachment 10.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 10.1 are set out in Schedule Ten and Attachment 10.2 to this plan.
(12) In this plan, unless the contrary intention appears:
(a) a reference to a schedule or an attachment includes reference to that schedule or attachment as amended from time to time;
(b) a reference to any other legislative instrument is a reference to that other instrument as in force from time to time; and
(c) a reference to any other kind of instrument or writing is a reference to that other instrument or writing as in force or in existence at the time the reference was included in this plan.
Note1: For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.
Note 2: All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.
(12) In this plan, unless the contrary i
(12) In this plan, unless the contrary intention appears:
(12) In this plan, unless the contrary intention appears:
(a) a reference to a schedule or an attachment includes reference to that schedule or attachment as amended from time to time;
(b) a reference to any other legislative instrument is a reference to that other instrument as in force from time to time; and
(c) a reference to any other kind of instrument or writing is a reference to that other instrument or writing as in force or in existence at the time the reference was included in this plan.
Note1: For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.
Note 2: All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.
Endnotes
Endnotes
Endnotes
Endnote 1 – About the endnotes
The endnotes provide information about this compilation and the compiled law.
Endnote 2 (Abbreviation key) sets out abbreviations that may be used in the endnotes.
Endnote 3 (Legislation history) provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
Endnote 4 (Amendment history) provides information about the amendments at the provision (generally section or equivalent) level and includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
It also includes information about any misdescribed amendment (that is, an amendment that does not accurately describe the amendment to be made). If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history. If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.
Endnote 2—Abbreviation key
ad = added or inserted
am = amended
rep. = repealedrs. = repealed and substituted
Source text: opening excerpt
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
Licence Area Plan - Bendigo Radio Licence Area Plan - Bendigo Radio
Licence Area Plan - Bendigo Radio
Determination
(1) This plan for broadcasting services in the Bendigo area of Victoria is made under subsection 26(1) of the Broadcasting Services Act 1992.
(2) Four national radio broadcasting services, two commercial radio broadcasting services and one open narrowcasting radio service are to be available in the area described at Attachment 1.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the services that are to be available in the area described at Attachment 1.1 are set out in Schedule One and Attachments 1.2 – 1.8 to this plan.
(3) One commercial radio broadcasting service is to be available in the area described at Attachment 2.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 2.1 are set out in Schedule Two and Attachments 2.2 – 2.3 to this plan.
(4) One community radio broadcasting service is to be available in the area described at Attachment 3.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 3.1 are set out in Schedule Three and Attachment 3.2 to this plan.
(5) One community radio broadcasting service is to be available in the area described at Attachment 4.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 4.1 are set out in Schedule Four and Attachments 4.2 – 4.3 to this plan.
(6) One community radio broadcasting service is to be available in the area described at Attachment 5.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 5.1 are set out in Schedule Five and Attachment 5.2 to this plan.
(7) One community radio broadcasting service is to be available in the area described at Attachment 6.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 6.1 are set out in Schedule Six and Attachment 6.2 to this plan.
(8) One community radio broadcasting service is to be available in the area described at Attachment 7.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 7.1 are set out in Schedule Seven and Attachment 7.2 to this plan.
Licence Area Plan – Bendigo Radio | Zoe
Provides interpretive rules for the plan: references to a schedule or attachment include that schedule or attachment as amended from time to time; references to other legislative instruments are to them as in force from time to time; and references to other instruments or writings are to them as in force or in existence at the time of inclusion in the plan. These rules appear at clause (12)(a)-(c).
Cross-references the Acts Interpretation Act 1901, specifically s 10, and subsection 13(1) of the Legislation Act 2003 concerning application of the Acts Interpretation Act 1901 to legislative instruments, and notes that Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.
Mechanically this plan therefore does not set frequencies or licence conditions directly in its main determination text; rather it designates the number and class of services per defined attachment area, and delegates the detailed technical characteristics to the named Schedules and Attachments. The plan is expressly made under s 26(1) of the Broadcasting Services Act 1992, which it cites as its statutory source. The instrument, on its face, is a planning and specification instrument that ties availability of broadcasting services in the Bendigo licence area to separate schedules and attachments which contain technical specification detail.
The plan’s operative effect therefore is to define the supply-side envelope for radio services in a defined geographic area: it tells the regulator and market how many services of each class are to be available in the stated licence-area attachments and where to find the technical parameters that those services must satisfy.
Main concepts
The plan rests on a small set of legal and technical concepts. Each of these is explicit in the instrument and determines how the plan will operate in practice.
Licence Area Plan made under subsection 26(1) of the Broadcasting Services Act 1992. The plan expressly records its statutory origin, which frames its legal status and how it must be read alongside the Act, although the plan itself does not reproduce the statutory powers in full.
Availability of services by class and number. The plan declares numbers of services in each class that "are to be available" in specified attachments. The classes named in the instrument are: national radio broadcasting service, commercial radio broadcasting service, community radio broadcasting service, and open narrowcasting radio service. The instrument uses fixed counts in relation to particular attachments (for example, "four national radio broadcasting services" in Attachment 1.1). These counts are the principal supply constraints established by the plan.
Attachment-based geography. All service availability is tied to named attachments, for example Attachment 1.1, 2.1, through to Attachment 10.1. The plan does not itself include maps or coordinates in the text provided; instead it locates each declared service in an attachment. That means the plan operates by reference to separately maintained geographic and technical files.
Schedules and Attachments for characteristics and technical specifications. For each declared service the plan points to a Schedule (Schedule One through Schedule Ten) and to one or more Attachments that set out "characteristics, including technical specifications" of the service. The plan therefore separates the high-level allocation (how many of each class) from the technical detail (power, transmitter site, antenna pattern, frequency details and the like), which are contained in schedules and attachments.
Dynamic references and amendment tolerance. Clause (12)(a)-(c) sets an interpretive rule that references to schedules, attachments and other instruments incorporate those instruments "as amended from time to time", and that references to legislative instruments are to their current form. The Notes reinforce this, by directing readers to Acts Interpretation Act 1901 s 10 and Legislation Act 2003 s 13(1). In practical terms this means the plan contemplates update and change in its linked Schedules and Attachments without requiring repeal and re‑issue of the plan text itself.
Relationship to Commonwealth registers and interpretation acts. The plan directs users to the Federal Register of Legislation for Commonwealth Acts and legislative instruments. The plan’s notes therefore position the LAP within the standard statutory interpretation framework rather than as a free-standing code.
Operationally these concepts define the roles of three groups of texts: the LAP itself (this document), the Schedules/Attachments (technical detail and maps), and the primary legislation and subordinate instruments (the Broadcasting Services Act and any licence instruments). The plan anchors supply-side limits and allocative decisions in a way that domesticates technical detail to schedules and attachments, and it builds in formal flexibility by tying references to instruments "as amended from time to time."
Who it affects
The instrument identifies directly the classes of broadcasting services and the attachments where those services are to be available. From the plan text those groups are the primary affected parties:
National broadcasters. The plan declares four national radio broadcasting services in Attachment 1.1. That affects the national broadcasters who hold or seek licences to operate national services, and any third parties coordinating carriage, relay or transmission arrangements within the Bendigo licence area.
Commercial broadcasters. The plan designates two commercial radio broadcasting services in Attachment 1.1 and one commercial service in Attachment 2.1. That defines how many commercial licences can meaningfully be implemented in those areas, and so affects commercial operators, investors, and advertisers considering market entry or expansion in Bendigo.
Community broadcasters. The plan lists community radio broadcasting services in Attachments 3.1 to 10.1, with the specific numbers noted per attachment, including two community services in Attachment 9.1. Community broadcasters, their boards and their volunteer bases are affected because the plan determines the number of community services the regulator will make available for that licence area.
Open narrowcasting operators. Attachment 1.1 is declared to have one open narrowcasting radio service. That affects operators who provide targeted or specialised content under the open narrowcasting regime, and parties who use such licences for limited-audience services.
Prospective licence applicants and incumbent licence-holders. Anyone wishing to obtain a broadcasting licence or to change an existing licence in the Bendigo area will be affected because the plan defines the class and count envelope that underpins licensing decisions for the area.
Spectrum planners, engineers and equipment vendors. Technical specifications are in the Schedules and Attachments. Implementing the services requires transmitter siting, frequency coordination and equipment configured to those technical parameters; these actors will be bound by the parameters set out in the linked Schedules.
The regulator and public administration. The plan is an instrument the regulator will use when making licensing and technical decisions. It provides the regulatory baseline that shapes allocation and technical authorisations.
Listeners and advertisers. While the plan is technical and regulatory, its immediate practical effect is on the market for listeners and advertisers in Bendigo, because the number and class of services influences the range of content and the number of commercial inventory sellers.
Indirectly, the plan affects competition, investment and local media pluralism because it constrains the number of services by class in particular attachments, which in turn shapes market entry opportunities and the direction of private investment. The instrument itself does not grant rights to any specified legal entity; rather it specifies the availability of types and counts of services in particular attachment areas and points to schedules and attachments for technical requirements.
It is also important to note the plan’s drafting: availability is tied to attachments and schedules "as amended from time to time". That introduces an ongoing monitoring obligation for affected parties; changes to schedules or attachments can change technical requirements or geographic envelopes, and the plan treats those linked documents as part of the operative matrix for the Bendigo licence area plan.
Key duties and rights
The plan defines a limited set of rights and prescribes the locus of technical duties by reference to schedules and attachments. It is a planning instrument, not a licence instrument, and its provisions should be read with that in mind.
Rights established by the plan, on its face
Right to availability by class and count. The plan declares that specified numbers of services in each class "are to be available" within the named attachments. That creates an entitlement in the abstract to an allocation of spectrum capacity for those classes in those geographic attachments. The plan itself does not create property rights or issue licences; it establishes the regulatory supply envelope.
Right to rely on the schedules/attachments for technical parameters. The plan identifies Schedules One to Ten and attachments 1.2-1.8, 2.2-2.3, and so on, as the documents that contain the characteristics and technical specifications of the services that are to be available. A reader can therefore rely on those collateral documents for the technical boundaries the plan imposes.
Duties and obligations referenced or implied by the plan
Duty to comply with technical specifications set out in Schedules and Attachments. The plan repeatedly states that characteristics and technical specifications for the available services "are set out" in the Schedules and Attachments. That imports a compliance obligation, once a licence is issued, to meet those technical parameters. The plan itself does not set penalty regimes; compliance duties are therefore implemented through licences and the Broadcasting Services Act and subordinate instruments.
Duty to monitor the schedules and attachments as amended. Clause (12)(a) states a reference to a schedule or an attachment includes the schedule or attachment "as amended from time to time". That creates a duty for affected parties to track amendments to the linked materials because the operative technical requirements can change without the plan being repealed or re‑made.
Duty to read cross-references to other instruments as current. Clause (12)(b) and (c) say references to other legislative instruments and other kinds of instruments or writings are references to those instruments "as in force or in existence" at the time of the reference. Practically that requires parties to consult current versions of referenced instruments.
What the plan does not itself do, and why that matters
It does not issue licences, set licence conditions or specify enforcement or penalty regimes. Those matters are governed by the Broadcasting Services Act 1992 and by licence instruments and regulatory decision-making bodies. The plan is a specification and allocation instrument, not the licence document.
It does not include the technical detail within the body of the determination. The technical detail is delegated to the Schedules and Attachments. As a result, the core operational duties for broadcasters, such as transmitter power, coordinates, frequencies and antenna patterns, will be found outside the determination text and require active retrieval.
Practical legal implications
Holders and applicants should treat the LAP as creating mandatory technical baselines to be enforced through the licensing regime, and not as creating standalone compliance obligations with their own penalty architecture. The obligation to comply with the plan’s technical limits will be realised through licence conditions and the regulator’s oversight processes. Because clause (12) treats schedules as dynamic, licence applicants and operators face ongoing compliance monitoring risk; a technical change to an attachment could alter permissible transmission parameters.
Rights to be made available do not equal immediate entitlement. The plan's language is declarative and allocative; licences remain the instrument through which operational rights and enforceable conditions are created.
In sum, the key legal effect of the plan is to set allocative and technical baselines, and to require affected parties to observe the linked Schedules and Attachments, as those documents may be amended over time. The plan itself vests no direct enforcement powers or fines, and those will be in the principal Act and in licence instruments.
Penalties and enforcement
The Bendigo Licence Area Plan does not itself prescribe penalties, fines or enforcement procedures. The determination text confines itself to allocating the availability of services, and to pointing readers to Schedules and Attachments for characteristics and technical specifications. It expressly invokes subsection 26(1) of the Broadcasting Services Act 1992 as the statutory source for the plan, but it does not replicate or summarise enforcement powers that may exist in the Broadcasting Services Act or in other licensing instruments.
Consequently, enforcement of the obligations implied by this plan , chiefly compliance with technical specifications and with any licence conditions that implement the plan , will be effected under the Broadcasting Services Act 1992 and under the actual licence instruments issued by the regulator or relevant minister. The plan’s clause (12) that treats references to schedules and attachments as including them "as amended from time to time" means that enforcement may rely on technical parameters that evolve over time, and that any breach claim will need to root itself in the current operative schedule or attachment that applied at the relevant time.
Implementation and enforcement mechanics, in practice
Licensing process. The typical enforcement path is that the regulator issues a licence or other authorisation that includes conditions referencing the LAP schedules and attachments. Non-compliance with a licence condition, including technical parameters, normally gives the regulator and other enforcement bodies the power to take action under the Broadcasting Services Act or associated subordinate instruments. The plan itself does not perform those steps, it provides the allocative and technical baseline.
Technical monitoring. The schedules/attachments contain the technical specifications that will be enforced. Enforcement therefore depends on technical monitoring and measurement of transmitter parameters, interference assessments and spectrum coordination; those activities are typically conducted by the regulator or by delegated technical agents.
Administrative remedies and sanctions. Because the plan is silent on sanctions, any administrative remedies, suspensions, cancellations, infringement notices, or civil penalties would derive from the principal Act or from licence instruments and regulations. The instrument’s silence on enforcement procedures means practitioners must consult the Broadcasting Services Act 1992, associated regulations, and the licence instrument to identify the available remedies and sanctioning powers.
Compliance risk and uncertainty
Dynamic amendments. Clause (12)(a) and (b) treat schedules and referenced instruments as amended versions. That creates an implementation risk for licensees and applicants because a change in an attachment or in a referenced legislative instrument can alter the technical parameters that the licence must satisfy, without reissuing the LAP. Enforcement actions may therefore be based on updated parameters that a licensee must monitor and implement.
Fragmentation of source documents. Because the plan points to separate Schedules and Attachments for the operational detail, failure to obtain or correctly interpret those documents may expose an operator to inadvertent non-compliance. The LAP itself provides no penalty guidance, so practitioners must assemble the enforcement architecture by consulting the Broadcasting Services Act, the licence instrument, and the up-to-date schedules and attachments.
No litigation or enforcement history recorded in the instrument. The plan contains no history of enforcement outcomes or jurisprudence. For specific enforcement precedents or ACMA decisions involving Bendigo LAP matters, stakeholders must search regulator decisions, tribunal records and reported decisions outside the LAP text.
In short, the LAP establishes the technical and allocative baseline and depends on separate statutory and licence frameworks to provide enforcement teeth. Legal and technical compliance requires active engagement with the Broadcasting Services Act, the appropriate licence instrument, the regulator’s operational procedures, and the Schedules and Attachments as they exist at the relevant time.
How it interacts with other laws
The plan explicitly ties itself to existing legislation and to interpretive rules that place it within Australia’s broader legislative framework. The instrument should therefore be read in conjunction with the Broadcasting Services Act 1992 and with general statute interpretation provisions.
Direct statutory linkage
Subsection 26(1) Broadcasting Services Act 1992. The plan is made under subsection 26(1) of the Broadcasting Services Act 1992. That explicit provenance means the LAP must be interpreted and applied consistently with the powers, duties and processes set out in that Act. The plan itself does not restate the Act’s provisions; it relies on the Act to establish legal effect, scope and enforcement mechanisms.
Acts Interpretation Act 1901 and Legislation Act 2003. Note 1 directs readers to section 10 of the Acts Interpretation Act 1901 for references to Commonwealth Acts, and to subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act to legislative instruments. These cross-references indicate that standard statutory interpretation principles apply to the LAP and to its references to other Commonwealth Acts.
Dynamic references to other instruments
Clause (12)(a)-(c) establishes that references to a Schedule or Attachment include those documents "as amended from time to time", and that references to other legislative instruments mean those instruments "as in force from time to time". This has the legal effect of folding subsequent amendments of linked documents into the operative matrix of the plan. Practically, the LAP is an anchor document that relies on a network of other instruments to define its full effect.
Interaction with licensing and spectrum law
Licence versus plan. The LAP sets availability and technical specification references but does not itself grant or record licences. Therefore the operative rights and duties of an operator will be defined by licence instruments and the Broadcasting Services Act 1992. Interactions with spectrum licensing, transmitter licences and radio communications legislation will be necessary , these are not set out in the LAP, but the LAP’s technical requirements will be implemented by those other instruments.
Federal Register of Legislation. Note 2 states that all Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation. Practitioners must therefore consult that register to find current versions of any legislative instrument referenced by the LAP or to locate the up-to-date Schedules and Attachments where they are published.
Potential overlap with other regulatory regimes
Planning and environmental approvals. The LAP does not mention terrestrial planning, environmental or local council approvals for transmitter sites. In practice, transmitters that implement the LAP's technical specifications may require permissions under planning or environmental law at state or local level, and frequency coordination under communications regulation. Those requirements exist outside the plan and must be coordinated in implementation.
Competition and trade regulation. The LAP establishes supply constraints in terms of numbers of services by class. That can interact with competition law in an indirect sense by limiting entry, but the instrument itself contains no competition statements or merger controls. Any competition implications would be realised through market conduct and would be governed by the Competition and Consumer Act 2010 and related instruments, not by the LAP itself.
Reading and application approach
The LAP is a subordinate legislative instrument that must be read alongside the Act that authorises it and alongside the various schedules, attachments and other instruments it references. Because clause (12) folds in amended versions of linked documents, the current legal effect of the LAP at any given time depends on the current state of its attachments and referenced legislative instruments.
Practitioners therefore must assemble the complete regulatory picture by cross-referencing the GAP: (a) the Broadcasting Services Act 1992; (b) the current LAP text; (c) the Schedules and Attachments that contain technical parameters; (d) the licence instrument(s) that implement the LAP; and (e) any other legislative instruments referenced and in force at the relevant time. The LAP points to, but does not displace, the body of applicable legislation and subordinate instruments.
Amendment history
The Bendigo Licence Area Plan itself contains an interpretive provision addressing amendments, but the instrument as provided does not list a discrete amendment schedule in its body. The relevant clauses and endnotes are the only text in this document that deal with amendments and history, and they do so in summary form rather than by recording a chronology of changes.
What the plan says about amendments
Clause (12)(a) explicitly states that "a reference to a schedule or an attachment includes reference to that schedule or attachment as amended from time to time." That language is permissive, and it means that the plan’s references operate dynamically: changes to the schedules and attachments will be read as part of the plan without the need to reissue the LAP.
Clause (12)(b) extends the dynamic treatment to other legislative instruments, by stating that references to any other legislative instrument are to those instruments "as in force from time to time." Clause (12)(c) does the same for other kinds of instruments or writings. The combined effect is that the LAP incorporates subsequent amendments to its linked materials.
Endnotes and compilation notes
The Endnotes included at the end of the instrument set out the purpose of endnotes in the compilation and say that Endnote 3 provides "information about each law that has amended (or will amend) the compiled law" and Endnote 4 provides "information about the amendments at the provision level". However, the LAP text as provided does not reproduce those endnotes in detail. For a full chronological record of amendments the endnotes and the Federal Register of Legislation are the places the instrument directs readers to consult.
Practical consequences
Because the LAP treats schedules and attachments as amendable and as part of the operative framework, the amendment history relevant to any particular technical parameter will usually be found in the amendment history of the relevant schedule or attachment, rather than in the body of the LAP determination itself.
The instrument’s endnotes indicate that a compiled law version may include an amendment history and that the Federal Register will carry the legislative instruments. Practitioners should therefore check the Federal Register entry for the Bendigo LAP and for each referenced Schedule/Attachment to obtain the full amendment history, commencement dates, and any transitional or savings provisions associated with particular amendments.
What is not in the amendment history in this text
The provided LAP text does not include dates of past amendments, a list of amending instruments, or a table of changes. It does not indicate whether the Schedules or Attachments have been amended previously, nor does it state future amendment intentions. The textual approach is therefore to embed amendmentability into the plan and to rely on external compilation metadata and the Federal Register to present the amendment chronology.
Recommended documentary steps
To obtain historical amendment detail, practitioners should: (a) consult the Federal Register of Legislation for the Bendigo Licence Area Plan entry, which will list versions and amending instruments; (b) open the Schedules and Attachments referenced to check their own amendment histories; and (c) consult Endnote 3 and Endnote 4 in the compiled law as available on the Federal Register or in a consolidated legal publication to identify amendment dates and the text of any amending instruments.
In short, the LAP embeds a dynamic amendment approach and defers the practical presentation of amendment history to its compiled endnotes and to the Federal Register entries for the plan and its component schedules and attachments. The text provided does not itself present a granular, clause-level amendment history.
Litigation history
The Licence Area Plan text provided contains no reference to litigation, court decisions, tribunal determinations, or dispute resolution outcomes. There are no judicial authorities named in the instrument, and no case citations appear in the plan text or endnotes excerpt.
Consequences of absent litigation references
The LAP itself is a regulatory planning instrument and it does not record litigation history within the text. To establish whether there has been litigation challenging this specific LAP, its schedules or attachments, or decisions taken under it, practitioners will need to search external sources: court databases, tribunal decisions, ACMA records, and legal databases that track case law and administrative decisions.
Typical repositories to check
Federal Court and Federal Circuit Court databases for judicial review or statutory appeals.
Administrative Appeals Tribunal (AAT) records for merits review of licensing decisions that may have relied on the LAP.
ACMA determinations, enforcement decisions and licensing decisions, which may be published on ACMA’s website or in its register of decisions.
The Federal Register of Legislation, which will show amending instruments and may indicate whether the LAP has been subject to disallowance or other parliamentary oversight actions.
What to look for in a litigation search
Challenges to the validity of the LAP as a legislative instrument, for example on procedural grounds or on ultra vires arguments under the Broadcasting Services Act 1992.
Disputes arising from the application of the LAP to particular licences, for example claims that a licence was issued inconsistently with the numbers or technical parameters set out in the schedules and attachments.
Enforcement or revocation disputes where ACMA or another body sought to impose sanctions for non-compliance with technical specifications that were set out in the schedules and attachments.
Challenges related to changes in schedules or attachments done "from time to time", specifically whether procedural fairness and statutory requirements were observed in making amendments.
No litigation recorded in the plan text
Because the instrument contains no litigation citations, readers must assume the instrument does not itself memorialise litigation outcomes. For a full litigation picture, a separate search is required.
Practical note for practitioners
If litigation risk is material to a client, conduct a comprehensive search of the databases and bodies listed above, and include searches for any tribunal decisions that reference the Bendigo Licence Area Plan, its Schedules, Attachments, or decisions made by ACMA that implemented this LAP. The LAP’s silence on litigation does not imply absence of challenge , it simply reflects that the instrument is not a repository for case law.
Gotchas
The LAP is compact but there are several practical pitfalls that commonly catch operators, counsel and technical staff. These arise from the plan’s reliance on external schedules and attachments, its dynamic amendment approach, and its limited scope in respect of licences and enforcement. Below are specific gotchas to watch out for, with the mechanics and references necessary for practitioners.
The plan repeatedly defers technical detail to Schedules and Attachments
Mechanical effect: the determination declares availability and points readers to Schedules One to Ten and to specific attachments for "characteristics, including technical specifications".
Practical risk: legal or technical advice based only on the determination text will be incomplete. If counsel or engineers do not obtain the precise schedule or attachment specified, they will not have the operational parameters for transmitter power, antenna patterns, site co‑ordinates or other specifications.
Remediation: always obtain the specific schedule and attachment named in the relevant clause before advising on compliance or preparing licence applications.
Dynamic incorporation of amendments
The plan’s clause (12)(a) treats a reference to a schedule or attachment as including it "as amended from time to time".
Practical risk: changes to attachments or schedules can alter permissible parameters without a fresh LAP determination. A transmitter configuration compliant at time T may become non‑compliant following an amendment; the plan itself gives no notice of when amendments occur.
Remediation: subscribe to updates on the Federal Register of Legislation and to ACMA licensing newsletters; track the specific schedule and attachment entries for change notices.
The plan does not grant licences or set enforcement rules
The instrument establishes availability, not operational licences. Licence conditions, regulatory sanctions and enforcement mechanisms will be in the Broadcasting Services Act 1992 and in licence instruments.
Practical risk: stakeholders may mistakenly assume that "being available" equals an automatic entitlement or that the plan itself sets the sanctions regime. It does neither.
Remediation: cross-check the Broadcasting Services Act and the operative licence instrument when preparing applications or compliance packages.
Attachments and schedules are essential but may not be collated with the LAP in the same document
The plan refers to numerous attachments (for example, Attachments 1.2-1.8, 2.2-2.3, 4.2-4.3, and so on).
Practical risk: not all Schedules and attachments may be stored or published in the same place or format; some may be technical maps, spreadsheets or engineering documents that require special access.
Remediation: obtain the complete LAP package from the Federal Register or from ACMA to ensure all attachments and supporting technical materials are included.
Ambiguities about geographic definitions if attachments are not precise
The plan ties services to attachments such as Attachment 1.1 or 3.1. If an attachment uses imprecise language or non-standard coordinates, there will be uncertainty as to coverage obligations and interference contours.
Practical risk: disputes about coverage boundaries, overlapping service areas or frequency coordination can arise if attachments do not contain precise geographic data.
Remediation: secure the attachments and confirm that geographic boundaries and technical parameters are explicit; if they are ambiguous, consider early engagement with ACMA for clarification.
Repetitive or duplicated drafting in the version provided
The supplied text contains a high degree of repetition and duplicated blocks of text for each clause. This appears to be a compilation or formatting artifact.
Practical risk: copying errors or versioning mistakes in the published compilation can create confusion about which clauses are operative.
Remediation: consult the Federal Register or the formal legislative instrument as published by the Commonwealth to confirm you have the authoritative version.
No penalties in the plan itself
Because penalties and enforcement powers are absent from the LAP, parties might underestimate the consequences of non-compliance, which will be applied under other legislation and licence instruments.
Practical risk: misunderstandings about remedies, appeals and review rights.
Remediation: map enforcement provisions in the Broadcasting Services Act 1992 and the specific licence conditions; identify appeal and merits review avenues.
Reliance on external procedural and administrative frameworks
The plan’s operation requires coordination with spectrum planning, local planning approvals, and other regulatory approvals outside the LAP.
Practical risk: failing to budget time or costs for planning approvals, environmental approvals, or infrastructure works that are prerequisites for deployment.
Remediation: run an integrated project plan including regulatory, planning and technical milestones; secure pre-approvals where possible.
Unclear stakeholder expectations about commercial market effects
The plan defines counts of service classes which will affect market entry. Commercial bidders or investors may misread availability as equivalent to market opportunity.
Practical risk: over-investment in market entry before licences are offered or competition for a limited number of commercial slots becomes apparent.
Remediation: treat the LAP as a high-level template; do not assume a licence will be granted without participating in the formal licensing process.
Absence of litigation history or precedent in the text
The plan contains no litigation references, so one cannot infer whether past decisions have tested the plan.
Practical risk: unanticipated legal questions may arise because there is no immediate precedent contained in the instrument.
Remediation: perform an external search for ACMA decisions, AAT cases and Federal Court litigation that concerns the Bendigo LAP or comparable licence area plans.
Each of these gotchas flows from a small set of legal mechanics in the plan: externalisation of technical detail, dynamic incorporation of amended documents, and the plan's role as a planning instrument rather than an operational licence. Practitioners should therefore assemble a complete documentation set, monitor amendments, and coordinate regulatory, technical and planning workstreams early.
How to comply
Compliance is multi-disciplinary: legal, regulatory and technical. The LAP itself is a high-level allocative instrument, so compliance requires assembling the complete regulatory package and observing the current Schedules and Attachments. Below is a practical compliance checklist and process, grounded in the text and the document structure the plan establishes.
Obtain the authoritative instrument package
Action: retrieve the formal Bendigo Licence Area Plan and its Schedules and Attachments from the Federal Register of Legislation or from ACMA’s repository.
Rationale: the determination repeatedly points to Schedules One to Ten and named attachments for technical specifications; those are the operative materials for technical compliance.
Map the service class and count applicable to your proposal
Action: identify which attachment area your proposed service will occupy (Attachment 1.1 through 10.1), and the class of service (national, commercial, community, open narrowcasting).
Rationale: the LAP prescribes the number of services by class in each attachment; market entry or licence applications must be consistent with those counts.
Extract and verify technical specifications
Action: from the relevant Schedule and Attachment, extract transmitter site coordinates, frequency assignments, effective radiated power limits, antenna patterns, polarisation, emission masks, and any other technical parameters.
Rationale: clause text ties characteristics and technical specifications to the schedules and attachments: compliance with those parameters will be required under licence instruments.
Monitor and document amendments
Action: register for updates to the specific schedule and attachment files, and to the LAP entry on the Federal Register.
Rationale: clause (12)(a) makes the schedules/attachments dynamic; a compliance programme must track amendments to remain compliant.
Prepare licence application consistent with the LAP and the Broadcasting Services Act 1992
Action: when applying for a licence, reference the relevant LAP attachment and schedule parameters in technical plans, and ensure the application aligns with the class and count the LAP specifies.
Rationale: the LAP sets availability; licences will be granted under statutory frameworks that will consider the LAP as part of the allocation decision.
Coordinate with spectrum and transmitter authorities
Action: liaise with ACMA or the delegated spectrum authority for frequency coordination, and obtain any required apparatus licences or frequency assignments.
Rationale: the LAP’s technical specifications will require practical frequency coordination and spectrum authorisation before operation.
Plan for local planning, environmental and infrastructure approvals
Action: map the transmitter site approvals required by state and local law, and build time and cost into the deployment schedule.
Rationale: the LAP does not address planning approvals, but real-world deployment requires terrestrial approvals that are separate from the LAP.
Build a technical compliance regime
Action: implement measurement, monitoring and logging systems to demonstrate compliance with the technical parameters in the schedule/attachment, and retain engineering attestations and lab results for regulator inspection.
Rationale: enforcement will be via regulator monitoring and licence conditions; a demonstrable compliance trail reduces enforcement risk.
Prepare a legal and regulatory compliance pack
Action: assemble a compliance document that cross-references the LAP clause, the particular schedule and attachment, any licences issued, and the statutory powers under the Broadcasting Services Act 1992 that are being relied upon.
Rationale: this package will be needed for licence issuance, for regulatory inspections, and in any merits or judicial review proceedings.
Budget for dynamic costs and operational changes
Action: include contingency for technical modifications if attachments are amended, and ensure agreements with equipment vendors and contractors include flexibility for technical parameter changes.
Rationale: clause (12)(a) makes attachments amendable; operators must be operationally flexible to adapt to lawful changes in technical specifications.
Seek early engagement with the regulator if ambiguous
Action: where an attachment is ambiguous or where technical feasibility is marginal, request a pre-application technical clarification meeting with ACMA or the relevant authority.
Rationale: the LAP is silent on enforcement detail and on dispute resolution; early regulator engagement reduces the risk of later compliance disputes.
Check rights to review and appeals for licensing decisions
Action: map appeal rights and merits review avenues under the Broadcasting Services Act 1992 and under administrative law regimes so you understand the remedies available if a licence application is refused or if a licence condition departs from expected parameters.
Rationale: the LAP influences but does not control licensing outcomes; understanding review rights is essential to managing regulatory risk.
Maintain public and stakeholder communications
Action: for community broadcasters or narrowcasting services, document how the service meets any community or open narrowcasting criteria, including community engagement and governance structures.
Rationale: community and open narrowcasting classes often involve qualitative criteria beyond technical specs; evidence of compliance with those community obligations will be part of the licensing assessment.
Keep an audit trail of the version of the schedule/attachment you relied upon
Action: when preparing applications or building infrastructure, archive copies of the specific Schedule and Attachment versions you used, together with download dates and Federal Register identifiers.
Rationale: because the LAP incorporates amendments by reference, proving which technical parameters applied at time T may be essential in any dispute or enforcement action.
Summary compliance principle: treat the LAP as a dynamic planning baseline. It allocates availability by class and ties the operational detail to schedules and attachments which must be retrieved, audited and monitored. Licences will implement the plan; therefore, compliance requires synchronising legal, technical and planning workstreams and maintaining continuous surveillance of the Federal Register and the regulator’s publication streams.
(9) One community radio broadcasting service is to be available in the area described at Attachment 8.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 8.1 are set out in Schedule Eight and Attachment 8.2 to this plan.
(10) Two community radio broadcasting service are to be available in the area described at Attachment 9.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 9.1 are set out in Schedule Nine and Attachments 9.2 – 9.3 to this plan.
(11) One community radio broadcasting service is to be available in the area described at Attachment 10.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 10.1 are set out in Schedule Ten and Attachment 10.2 to this plan.
(12) In this plan, unless the contrary intention appears:
(a) a reference to a schedule or an attachment includes reference to that schedule or attachment as amended from time to time;
(b) a reference to any other legislative instrument is a reference to that other instrument as in force from time to time; and
(c) a reference to any other kind of instrument or writing is a reference to that other instrument or writing as in force or in existence at the time the reference was included in this plan.
Note1: For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.
Note 2: All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.
Determination Determination
Licence Area Plan - Bendigo Radio
Determination
(1) This plan for broadcasting services in the Bendigo area of Victoria is made under subsection 26(1) of the Broadcasting Services Act 1992.
(2) Four national radio broadcasting services, two commercial radio broadcasting services and one open narrowcasting radio service are to be available in the area described at Attachment 1.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the services that are to be available in the area described at Attachment 1.1 are set out in Schedule One and Attachments 1.2 – 1.8 to this plan.
(3) One commercial radio broadcasting service is to be available in the area described at Attachment 2.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 2.1 are set out in Schedule Two and Attachments 2.2 – 2.3 to this plan.
(4) One community radio broadcasting service is to be available in the area described at Attachment 3.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 3.1 are set out in Schedule Three and Attachment 3.2 to this plan.
(5) One community radio broadcasting service is to be available in the area described at Attachment 4.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 4.1 are set out in Schedule Four and Attachments 4.2 – 4.3 to this plan.
(6) One community radio broadcasting service is to be available in the area described at Attachment 5.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 5.1 are set out in Schedule Five and Attachment 5.2 to this plan.
(7) One community radio broadcasting service is to be available in the area described at Attachment 6.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 6.1 are set out in Schedule Six and Attachment 6.2 to this plan.
(8) One community radio broadcasting service is to be available in the area described at Attachment 7.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 7.1 are set out in Schedule Seven and Attachment 7.2 to this plan.
(9) One community radio broadcasting service is to be available in the area described at Attachment 8.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 8.1 are set out in Schedule Eight and Attachment 8.2 to this plan.
(10) Two community radio broadcasting service are to be available in the area described at Attachment 9.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 9.1 are set out in Schedule Nine and Attachments 9.2 – 9.3 to this plan.
(11) One community radio broadcasting service is to be available in the area described at Attachment 10.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 10.1 are set out in Schedule Ten and Attachment 10.2 to this plan.
(12) In this plan, unless the contrary intention appears:
(a) a reference to a schedule or an attachment includes reference to that schedule or attachment as amended from time to time;
(b) a reference to any other legislative instrument is a reference to that other instrument as in force from time to time; and
(c) a reference to any other kind of instrument or writing is a reference to that other instrument or writing as in force or in existence at the time the reference was included in this plan.
Note1: For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.
Note 2: All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.
(1) This plan for broadcasting services (1) This plan for broadcasting services in the Bendigo area of Victoria is made under subsection 26(1) of the Broadcasting Services Act 1992.
Licence Area Plan - Bendigo Radio
Determination
(1) This plan for broadcasting services in the Bendigo area of Victoria is made under subsection 26(1) of the Broadcasting Services Act 1992.
(2) Four national radio broadcasting services, two commercial radio broadcasting services and one open narrowcasting radio service are to be available in the area described at Attachment 1.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the services that are to be available in the area described at Attachment 1.1 are set out in Schedule One and Attachments 1.2 – 1.8 to this plan.
(3) One commercial radio broadcasting service is to be available in the area described at Attachment 2.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 2.1 are set out in Schedule Two and Attachments 2.2 – 2.3 to this plan.
(4) One community radio broadcasting service is to be available in the area described at Attachment 3.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 3.1 are set out in Schedule Three and Attachment 3.2 to this plan.
(5) One community radio broadcasting service is to be available in the area described at Attachment 4.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 4.1 are set out in Schedule Four and Attachments 4.2 – 4.3 to this plan.
(6) One community radio broadcasting service is to be available in the area described at Attachment 5.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 5.1 are set out in Schedule Five and Attachment 5.2 to this plan.
(7) One community radio broadcasting service is to be available in the area described at Attachment 6.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 6.1 are set out in Schedule Six and Attachment 6.2 to this plan.
(8) One community radio broadcasting service is to be available in the area described at Attachment 7.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 7.1 are set out in Schedule Seven and Attachment 7.2 to this plan.
(9) One community radio broadcasting service is to be available in the area described at Attachment 8.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 8.1 are set out in Schedule Eight and Attachment 8.2 to this plan.
(10) Two community radio broadcasting service are to be available in the area described at Attachment 9.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 9.1 are set out in Schedule Nine and Attachments 9.2 – 9.3 to this plan.
(11) One community radio broadcasting service is to be available in the area described at Attachment 10.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 10.1 are set out in Schedule Ten and Attachment 10.2 to this plan.
(12) In this plan, unless the contrary intention appears:
(a) a reference to a schedule or an attachment includes reference to that schedule or attachment as amended from time to time;
(b) a reference to any other legislative instrument is a reference to that other instrument as in force from time to time; and
(c) a reference to any other kind of instrument or writing is a reference to that other instrument or writing as in force or in existence at the time the reference was included in this plan.
Note1: For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.
Note 2: All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.
(2) Four national radio broadcasting ser (2) Four national radio broadcasting services, two commercial radio broadcasting services and one open narrowcasting radio service are to be available in the area described at Attachment 1.1 to this plan with the use of the broadcasting services bands. The characteristics, including technical specifications, of the services that are to be available in the area described at Attachment 1.1 are set out in Schedule One and Attachments 1.2 — 1.8 to this plan.
Licence Area Plan - Bendigo Radio
Determination
(1) This plan for broadcasting services in the Bendigo area of Victoria is made under subsection 26(1) of the Broadcasting Services Act 1992.
(2) Four national radio broadcasting services, two commercial radio broadcasting services and one open narrowcasting radio service are to be available in the area described at Attachment 1.1 to this plan with the use of the broadcasting services bands. The chara
This is an opening excerpt, not the complete document.