Licence Area Plan - Kalgoorlie (Radio) - September 1996

The endnotes are organised around four core concepts: (1) the purpose of endnotes in a statutory compilation, (2) an abbreviation key for interpreting amendment shorthand, (3) a legislation history table that records the titles, registration/notification particulars and commencement dates of the original instrument and amending instruments, and (4) an amendment-history table that maps amendments to specific provisions, pages, schedules and attachments of the compiled instrument. Each of those concepts is explicitly stated in the endnotes.

Endnote 1 states that the endnotes "provide information about this compilation and the compiled law", framing endnotes as meta-documentation rather than substantive law. Endnote 2 is titled "Abbreviation key" and supplies a small tabular listing that displays "ad. = added or inserted", "am. = amended", "rep. = repealedrs. = repealed and substituted". The printed form contains a typographical join between "repealed" abbreviations; that line is part of the source text and therefore part of the compilation's own metadata. Endnote 3, "Legislation history", supplies a three-row table with columns for the instrument name, the Gazette registration/notification entry, commencement date, and a column for "Application, saving and transitional provisions". The three entries are: the 1996 Kalgoorlie Licence Area Plan (registered 16 October 1996, commenced 16 October 1996); Licence Area Plan - Kalgoorlie Radio - Variation No. 1 of 2010 (registered 3 June 2010, commenced 4 June 2010); and Broadcasting Services (Technical Planning) Guidelines (Consequential Amendments) Instrument 2017 (No. 1) (registered 29 September 2017, commenced 30 September 2017). Endnote 4, "Amendment history", provides a two-column table listing "Provision affected" alongside "How affected", and it identifies, by provision name or page, which parts were amended and by which instrument (e.g. "Title page.............. | am. No.1 of 2010.").

The amendment-history table uses shorthand codes (am., rs., ad., rep.) to record editing actions. The table shows that No. 1 of 2010 amended the title page, clauses (1)-(4), and page 3; it restated Schedule One and Schedule Two, substituted (rs.) many Attachments (1.1 through 2.2 and others), added some Attachments (1.19-1.21, 2.3) and repealed Schedule Three and Attachments 3.1 and 3.2. The 2017 instrument appears in the amendment column only for specific attachments (Attachment 1.2 through 1.21 and Attachment 2.2 and 2.3) where it "am. No.1 of 2017" or "ad. No.1 of 2010; am. No.1 of 2017" as applicable.

Taken together, the main concepts show that the compiled instrument underwent structural republication and editing in 2010, followed by consequential amendments tied to the technical-planning guidelines in 2017. The endnotes themselves are the mechanism by which those changes are recorded for users of the compilation.

The endnotes affect three categories of users directly and a larger class of stakeholders indirectly.

Direct users

• Compilers and publishers of consolidated statutory texts. The endnotes are a standard editorial tool in statutory compilations; they affect the way compilers present the instrument and explain its amendment history.
• Lawyers, compliance officers, regulatory advisers and courts seeking to cite or interpret the compiled Licence Area Plan. These users rely on endnotes to determine which version of a provision is current, what amendments have occurred, and the commencement dates of amending instruments. The endnotes supply registration numbers and dates that allow retrieval of the original amending instruments from the Gazette.
• Regulators and administrative staff within broadcasting or communications agencies who maintain registers or advise licensees on technical planning matters. The endnotes point to the instruments that restated or repealed particular Schedules and Attachments; those restatements are likely to change operative technical parameters, even though the endnotes do not record their substance.

Indirect stakeholders

• Broadcasters operating under the Kalgoorlie licence area plan, including commercial and community radio operators. The legislation history shows a 2010 variation and consequential 2017 amendments affecting attachments; these changes may have modified technical planning parameters, service areas, frequencies or other operational details found in attachments or schedules.
• Equipment suppliers, engineering contractors and consultants engaged to implement technical changes in response to updated plans or guidelines. If attachments describing technical specifications were restated (rs.), replaced or added (ad.), suppliers and engineers may need to update designs or deployments to comply with the new material.
• Researchers and journalists tracking broadcasting policy or local Kalgoorlie media markets. The endnotes provide pointers to the instruments that effected change; the substantive content must be retrieved from the instruments themselves.

Who does not get direct impact from reading just the endnotes are end-users or the general public who need the specific technical rules, because the endnotes contain no operative regulatory text. The endnotes also note that "Application, saving and transitional provisions" may exist in the amending instruments but are not included in the compilation; parties directly affected by changes to service coverage or technical obligations need to check those transitions in the underlying instruments. Finally, because the endnotes show that Schedule Three and Attachments 3.1 and 3.2 were repealed (rep. No.1 of 2010), any stakeholder who relied on those specific provisions must locate the amending instruments to determine whether replacement provisions or transitional arrangements were put in place.

The endnotes themselves do not record duties, rights, offence provisions or penalties. Their function is documentary: they record which parts of the licence area plan and its attachments were added, amended, substituted or repealed, and they list the registration and commencement details of the instruments that did so. Therefore, the endnotes create a duty for users of the compiled text to verify the operative instrument and any omitted application, saving or transitional provisions before advising clients or taking compliance action.

What the endnotes require from users

• Duty to verify provenance. Endnote 3 supplies Gazette registration numbers and commencement dates. Users have a practical duty to retrieve the instruments cited (for example, the "Licence Area Plan - Kalgoorlie Radio - Variation No. 1 of 2010", registered 3 June 2010, commenced 4 June 2010) to read the operative text. The endnotes are a pointer, not a substitute.
• Duty to check transitional and saving provisions. The legislation history table includes a column for "Application, saving and transitional provisions"; the endnotes explicitly state in Endnote 1 that the endnotes include information about application, saving and transitional provisions "that are not included in this compilation". In short, users must check the underlying instruments for transitional rules omitted from the compilation.
• Duty to interpret amendment-shorthand correctly. Endnote 2 contains the abbreviation key, which identifies "ad.", "am." and "rep." as used in Endnote 4. The printed line "rep. = repealedrs. = repealed and substituted" appears in the source; readers must account for that typographical presentation when reading the amendment history.

Where duties and rights appear in the underlying instruments

• The substantive duties and rights that govern broadcasters and licensees will live in the Licence Area Plan itself and in the Attachments and Schedules that have been restated, amended or repealed. The endnotes identify that Schedule One and Two were restated and Schedule Three was repealed by No. 1 of 2010, and that many Attachments were restated or amended across 2010 and 2017. Any regulatory duties (for example, coverage obligations, technical parameters, interference mitigation rules) and any rights (for example, rights to continued operation under transitional arrangements) will be in those substantive parts, not in the endnotes.

Consequences of relying on endnotes alone

• Because the endnotes do not reproduce substantive text or transitional clauses, they do not confer or extinguish rights; they only indicate where to find the instruments that do. A practical duty therefore flows to legal advisers, licensees and technical consultants to consult the instruments cited in Endnote 3 and the parts referenced in Endnote 4 to determine the operative rights and duties and whether any transitional protections or savings apply.

The endnotes do not create penalties, nor do they describe enforcement regimes. There are no offence provisions, sanction mechanisms, enforcement authority descriptions, or penalty schedules in the text provided. What the endnotes do provide is identification of amending instruments and a map of what was edited, restated or repealed. Any penalties and enforcement provisions that apply to the licence area plan, or that arise out of the Broadcasting Services (Technical Planning) Guidelines (Consequential Amendments) Instrument 2017 (No. 1), will be in the operative instruments themselves or in the underlying Act or Regulations that confer enforcement powers on the relevant regulator.

Implications for enforcement due diligence

• Because the endnotes record that the 2010 instrument and 2017 instrument amended, restated or repealed multiple parts of the compilation (for example, Schedule Three was repealed and Attachments were restated), advisers must check whether those amending instruments also introduced, altered or preserved enforcement mechanisms or penalty provisions in the substantive text. The endnotes signal the existence of change but do not describe its content.
• The legislation history table gives concrete retrieval data: registration/notification entries in the Gazette (for example, 16 October 1996(F2005B01218) for the original plan; 3 June 2010(F2010L01502) for the 2010 variation; 29 September 2017(F2017L01299) for the 2017 instrument). Practitioners should use those identifiers to obtain the full instruments and examine any enforcement provisions or penalty amendments.

Risk of misapplying enforcement due to missing transitional language

• The endnotes state that details of any application, saving or transitional provisions are not included in the compilation; therefore, enforcement actions taken on the assumption that a restated Attachment immediately replaced the prior text without allowance for transitional arrangements could be misplaced. The practical risk is that a regulator or licensed operator may rely on the compilation alone and fail to account for grace periods, grandfathering, or phased compliance deadlines recorded in the underlying amending instruments.

In sum, enforcement and penalties are not described in the endnotes. The endnotes are a locating tool; they require users to consult the substantive instruments to determine whether penalties or enforcement changes were made when the 2010 and 2017 instruments took effect.

The endnotes are a connective tissue between the compiled Licence Area Plan and other statutory instruments: they identify amending instruments and therefore indicate legal interaction in two ways. First, they show that the Licence Area Plan has been varied and that consequential amendments to the Broadcasting Services (Technical Planning) Guidelines had an effect on the plan. Second, the endnotes themselves are part of the administrative apparatus used in statutory compilations to show amendment lineage and cross-references.

Specific cross-instrument links recorded in the endnotes

• Licence Area Plan - Kalgoorlie Radio - Variation No. 1 of 2010. The 2010 variation is recorded in the legislation history (registered 3 June 2010; commenced 4 June 2010). The amendment-history table identifies that the variation amended the title page, clauses, pages, Schedules and Attachments. That ties the 1996 plan to the 2010 amending instrument directly.
• Broadcasting Services (Technical Planning) Guidelines (Consequential Amendments) Instrument 2017 (No. 1). The legislation history records this instrument in 2017 (registered 29 September 2017; commenced 30 September 2017). The amendment-history entries show that No. 1 of 2017 amended various Attachments originally restated or added in 2010, indicating a consequential relationship between the technical-planning guidelines and the content of the licence area plan.

Structural interaction rather than substantive legal effects

• The endnotes do not record any direct interplay with statutory offences, administrative law doctrines, privacy or spectrum allocation Acts. The interaction they record is editorial: instruments that change the composition of the licence area plan are listed, and the endnotes provide registration and commencement metadata that permit cross-checking with other instruments and with Gazette publications.
• Where substantive interaction with other laws exists (for example, technical planning rules that must be read with Telecommunications spectrum law or Broadcasting Services Act provisions), that interaction is not described in the endnotes. The endnotes simply supply the identifiers necessary to retrieve the amending instruments so that counsel can determine cross-compliance obligations.

Practical consequence for compliance and regulatory alignment

• If a user needs to assess how the licence area plan aligns with broader regulatory regimes (eg spectrum licences, interference protocols, national technical standards), the endnotes provide the starting point: the 2010 and 2017 instruments. Practitioners should retrieve those instruments and check whether they amend the plan to align it with changes in ancillary instruments such as the Broadcasting Services (Technical Planning) Guidelines, which the 2017 entry explicitly references in its title.

Limitations of inference

• The endnotes do not allow reliable inference about the substantive nature of the interaction (for example, whether the 2017 instrument tightened technical parameters, or simply updated references). Users must read the amending texts themselves to understand legal interactions beyond the metadata recorded here.

Endnote 4 provides a provision-level amendment history. It comprises a two-column table: "Provision affected" and "How affected". This table lists specific parts of the Licence Area Plan compilation and the action taken on them, together with the amending instrument identified by shorthand (for example, "No.1 of 2010" and "No.1 of 2017"). The entries are explicit and finite; they document which discrete components were added, amended, restated or repealed. The endnote text also includes an explanatory paragraph describing what Endnote 4 covers: it provides information about amendments at the provision level and flags that it includes details of any provision that has been repealed, and that misdescribed amendments receive the "(md)" or "(md not incorp)" marker when applicable.

Key amendment entries recorded

• Title page: amended by No. 1 of 2010 ("Title page.............. | am. No.1 of 2010.").
• Clause (1) through Clause (4): all amended by No. 1 of 2010 ("Clause (1).............. | am. No.1 of 2010.", etc.). Clause (3) and Clause (4) show later "rs. No.1 of 2010" additions as well.
• Page 3: amended by No. 1 of 2010 ("Page 3................ | am. No.1 of 2010.").
• Schedules: Schedule One and Schedule Two were restated by No. 1 of 2010 ("Schedule One........... | rs. No.1 of 2010.", "Schedule Two........... | rs. No.1 of 2010."). Schedule Three was repealed by No. 1 of 2010 ("Schedule Three.......... | rep. No.1 of 2010.").
• Attachments: A large number of Attachments are affected. Attachments 1.1 through 1.18 are listed as restated by No. 1 of 2010, with many of those same attachments later amended by No.1 of 2017 (for example, "Attachment 1.2.......... | rs. No.1 of 2010; am. No.1 of 2017."). Attachments 1.19-1.21 were added in No.1 of 2010 and later amended in 2017. Attachment 2.1 was restated in 2010; Attachment 2.2 was restated in 2010 and amended in 2017; Attachment 2.3 was added in 2010 and amended in 2017. Attachments in the "3.x" series (3.1 and 3.2) were repealed by No.1 of 2010.
• The amendment table thus reflects a two-step editing process: substitution/restatement and additions in 2010 followed by targeted amendments in 2017.

Editorial flags and misdescription mechanism

• Endnote 4 explains that where an amendment is misdescribed, the compiler will annotate the amendment with "(md)" if the misdescription can still be given effect, and "(md not incorp)" if the misdescribed amendment cannot be incorporated as intended. The table as supplied does not show any "(md)" or "(md not incorp)" annotations, but the explanatory text establishes the mechanism by which such errors would be recorded.

Interpretation implications

• The amendment-history table is the canonical record within the compilation that identifies which elements of the compiled text changed, when and by what instrument. Practitioners should treat these entries as authoritative pointers for obtaining the full texts of the amending instruments to determine the substantive content of the amendments, including any transitional measures or savings that may apply to affected licensees.

The endnotes supplied include no entries under litigation history. There is no section in the provided endnotes that records cases, disputes, judicial review applications, administrative appeals or litigation outcomes involving the Licence Area Plan - Kalgoorlie Radio - September 1996, Variation No. 1 of 2010, or the Broadcasting Services (Technical Planning) Guidelines (Consequential Amendments) Instrument 2017 (No. 1). The only entries present are editorial and administrative: the abbreviation key, legislation history and amendment history.

Implications for researchers and practitioners

• Absence of litigation entries does not mean the instruments have never been the subject of challenge, only that this compilation's endnotes do not record any litigation history. Practitioners seeking case law or judicial commentary must search case databases and administrative law records independently, using the Gazette registration identifiers and instrument titles recorded in Endnote 3 as search terms.
• If a practitioner requires evidence of how courts or tribunals have interpreted particular Attachments, Schedules or clauses, they must retrieve the operative text of the amending instruments and then conduct a case law search keyed to those texts and the timelines recorded in the legislation history (commencement dates in 1996, 2010 and 2017).

Practical retrieval pathway

• Use the Gazette identifiers in Endnote 3: for example, the original plan is recorded with "(F2005B01218)" and the 2010 variation with "(F2010L01502)" and the 2017 instrument with "(F2017L01299)". These identifiers provide a concrete retrieval route for locating the instruments in the Government Gazette, which in turn enables searches of court decisions that reference those instruments. Endnote 4’s provision-level descriptions (eg which Attachment numbers were restated) help narrow the search to the particular part of the instrument that may have been litigated.

Caveat on negative inference

• Do not infer from an absence of litigation history in these endnotes that the amending instruments are uncontroversial or without legal consequence. The endnotes are an editorial tool and not a repository of litigation records.

The endnotes text contains several features and silences that create practical "gotchas" for legal researchers, regulatory practitioners and licensees who rely on compiled texts. These are concrete, source-grounded risks to be managed.

1. The endnotes are meta-documentary, not substantive. Endnote 1 explicitly states that endnotes "provide information about this compilation and the compiled law." The endnotes do not reproduce substantive application, saving or transitional provisions that may be critical to determining rights and obligations. The legislation history table includes a column for those provisions but gives no substantive content. The gotcha is treating the compilation and its endnotes as if they contain all operative transitional provisions; they do not. Users must retrieve the underlying amending instruments.

2. Abbreviation-key presentation has a typographical join. Endnote 2 purports to show an abbreviation key. The printed content shows "rep. = repealedrs. = repealed and substituted." That single line conflates two abbreviations without a clear separator. The practical risk is misreading or misapplying the "rs." shorthand found throughout Endnote 4. Users should be cautious and treat "rs." entries in Endnote 4 as distinct from "rep." entries; the amendment table itself uses both "rs." and "rep." in ways that imply different actions (restated/substituted versus repealed), even though Endnote 2’s layout is awkward.

3. Widespread restatement of Attachments and repeal of Schedule Three. Endnote 4 shows many Attachments were restated in No.1 of 2010 and many of those same Attachments were later amended in No.1 of 2017. Schedule Three and Attachments 3.1 and 3.2 were repealed. The gotcha is assuming continuity of technical requirements across versions. When multiple attachments are restated and then amended, there may be substantive changes to technical parameters, coverage maps or licence conditions that materially affect broadcasters. The endnotes do not summarise the content of those changes.

4. No penalties, enforcement or litigation entries. The endnotes do not list any enforcement mechanisms or litigation history. The gotcha is assuming absence of penalties or that changes are legally uncontroversial. You must check the underlying instruments and external law for enforcement provisions.

5. The endnotes record Gazette identifiers and commencement dates but do not include the substantive instruments. The practical issue for compliance is retrieval and version control. The documented commencement dates are concrete (16 October 1996; 4 June 2010; 30 September 2017) and must be used to determine which version applied at any point in time. Failing to use those dates may misstate regulatory obligations.

6. Misdescribed amendment mechanism exists but no instances appear. Endnote 4 explains the existence of "(md)" and "(md not incorp)" markers for misdescribed amendments. The gotcha is overlooking that a provision may have been misdescribed and then incorporated in a particular way; nothing in the supplied table displays such markers, but the mechanism exists and users should scan for those markers in other compilations of related instruments.

7. Fragmentary treatment of application, saving and transitional provisions. The blank entries in the "Application, saving and transitional provisions" column in Endnote 3 suggest those provisions may be recorded elsewhere or omitted. Users should not assume no transitional provisions exist; rather they should retrieve the amending instruments and read for transitional measures.

8. Reliance on the compilation as an authoritative source for operational decisions. The endnotes and the compiled text must be treated as starting points; they are not authoritative substitutes for the original instruments. Regulatory, engineering and commercial decisions (for example, site modifications, transmitter upgrades, or licence surrender/renewal) require reading the amending instruments in full.

The endnotes themselves set out a clear compliance pathway by indicating what must be retrieved and checked. This section converts the endnotes’ documentary pointers into an actionable checklist and a short methodology for legal and compliance teams responsible for advising broadcasters or for internal regulatory teams.

Step 1 , Retrieve the amending instruments

• Use the Gazette registration entries shown in Endnote 3: 16 October 1996(F2005B01218); 3 June 2010(F2010L01502); 29 September 2017(F2017L01299). Obtain the full texts of:
  • Licence Area Plan - Kalgoorlie Radio - September 1996 (original plan).
  • Licence Area Plan - Kalgoorlie Radio - Variation No. 1 of 2010 (the 2010 variation).
  • Broadcasting Services (Technical Planning) Guidelines (Consequential Amendments) Instrument 2017 (No. 1).
• Also obtain any other instruments referenced within those texts (for example, the Broadcasting Services (Technical Planning) Guidelines themselves), because the 2017 instrument is expressly consequential.

Step 2 , Confirm commencement and transitional rules

• The endnotes list commencement dates: 16 October 1996, 4 June 2010 and 30 September 2017. For each instrument, read the instrument’s commencement clause and any application, saving or transitional provisions. Endnote 1 warns that such provisions may not be included in the compilation; do not rely on the compilation alone for transitional periods, grandfathering or phased compliance deadlines.

Step 3 , Map provision-level changes to operational obligations

• Use Endnote 4’s provision-level map to identify which Schedules and Attachments changed. For each affected Attachment or Schedule (eg Attachment 1.2, Attachment 2.3, Schedule One), read the replacement or restated text and prepare a redline comparison against the prior version to identify:
  • Changes to technical parameters (eg power, antenna patterns, frequencies).
  • Changes to coverage or service area maps.
  • Changes to compliance reporting, monitoring or record-keeping obligations.
  • New or removed operational constraints that affect station planning or engineering.
• Document whether the change required any capital works, equipment replacement, or reconfiguration of service areas.

Step 4 , Identify enforcement and liability exposure

• Search the amending instruments and any parent Acts/regulations for penalty clauses, infringement notices, or enforcement mechanisms connected to the licence area plan. The endnotes do not record penalties; this must be done in the amending texts and in the primary legislation that underpins broadcasting regulation.

Step 5 , Update licences, contracts and technical documentation

• If the restated Attachments change technical specifications, update internal engineering designs, contracts with contractors and suppliers, and compliance checklists. Ensure that operating licences and permit conditions reflect the correct, current Attachment numbers and versions.
• If transitional periods apply, document them and implement project timelines aligned to any phased compliance deadlines.

Step 6 , Record keeping and version control

• Maintain a records table that tracks: instrument title; Gazette identifier; commencement date; affected provisions; and a note on transitional measures. Use Endnote 4 as the authoritative map for which parts of the compilation were altered by which instrument.

Step 7 , Practical queries and stakeholder notices

• Notify affected stakeholders (engineers, station managers, licence holders) of the specific Attachments or Schedules that changed and the practical implications for operations and compliance timing.
• Where changes are technical and potentially costly, check whether the amending instruments include transitional relief or whether the regulator has published guidance or grace periods.

Step 8 , Secondary searches

• Because the endnotes do not provide litigation history or cross-references to other statutory schemes beyond the 2017 consequential instrument, perform targeted searches of:
  • Case law databases for challenges to the Licence Area Plan or its attachments.
  • Gazette and agency publications for guidance notes tied to the 2010 and 2017 changes.
  • Technical standard-setting documents that may have been updated contemporaneously.

Checklist summary

• Retrieve the 1996 plan, 2010 variation and 2017 consequential instrument using the Gazette identifiers in Endnote 3.
• Read commencement and transitional provisions in the amending instruments.
• Use Endnote 4 to identify which Schedules and Attachments were restated, added or repealed and compare texts.
• Search for enforcement provisions and update compliance protocols accordingly.
• Update engineering and contractual documentation where technical parameters changed.
• Maintain version control records and notify stakeholders.

The endnotes provide the necessary metadata to conduct this compliance exercise, but they do not substitute for the substantive instruments that must be read and applied in full.