{"id":"F2025L00844","name":"Radiocommunications (Apparatus Licences – Authorisations and Transfers) Determination 2025","slug":"radiocommunications-apparatus-licences-authorisations-and-transfers-determination-2025","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106587,"registerId":"commonwealth-F2025L00844-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n  This is the Radiocommunications (Apparatus Licences – Authorisations and Transfers) Determination 2025.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  This instrument commences at the start of 30 September 2025.\n\n> Note: The Federal Register of Legislation is available, free of charge, at www.legislation.gov.au.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This instrument is made under subsection 115(1) and subsection 131AC(1) of the Act.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Repeal","content":"#### 4 Repeal\n\n  The Radiocommunications (Limitation of Authorisation of Third Party Users and Transfer of Apparatus Licences) Determination 2015 \\[F2015L01218\\] is repealed.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Definitions","content":"#### 5 Definitions\n\n  In this instrument:\n\n> eligible person has the meaning given by:\n\n    (a) the Radiocommunications (Transmitter Licence Tax) Determination 2025; or\n    (b) if a later instrument replaces that determination and defines the expression – the later instrument.\n\n> Note: The Radiocommunications (Transmitter Licence Tax) Determination 2025 is a legislative instrument and is available, free of charge, from the Federal Register of Legislation at www.legislation.gov.au.\n\n> exempt broadcasting service has the meaning given by subsection 18A(3) of the Broadcasting Services Act 1992.\n\n> exempt person means a person who is exempt, under regulations made for the purpose of subsection 8(1) of the Radiocommunications Taxes Collection Act 1983, from the payment of apparatus licence tax.\n\n> Note 1: A number of other expressions used in this instrument are defined in the Act, including the following:\n\n    (a) ACMA;\n    (b) apparatus licence;\n    (c) apparatus licence tax;\n    (d) Australia;\n    (e) international broadcasting licence;\n    (f) international broadcasting service;\n    (g) licensee;\n    (h) operate;\n    (i) radiocommunications device.\n\n> Note 2: Other expressions used in this instrument may be defined in a determination, made under subsection 64(1) of the Australian Communications and Media Authority Act 2005, that applies to this instrument, including the following:\n\n    (a) Act;\n    (b) broadcasting service.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"References to other instruments","content":"#### 6 References to other instruments\n\n  In this instrument, unless the contrary intention appears:\n    (a) a reference to any other legislative instrument is a reference to that other legislative instrument as in force from time to time; and\n    (b) a reference to any other kind of instrument or writing is a reference to that other instrument or writing as in force, or existing, from time to time.\n\n> Note 1: 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.\n\n> Note 2: All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.\n\n> Note 3: See section 314A of the Act.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Circumstances in which persons must not be authorised to operate radiocommunications devices, or in which a licence is not transferable","content":"#### 7 Circumstances in which persons must not be authorised to operate radiocommunications devices, or in which a licence is not transferable\n\n  (1) For the purposes of paragraph 115(1)(c) of the Act, the licensee of an apparatus licence specified in column 1 of a table item must not authorise a person (the other person) to operate a radiocommunications device under the licence in the circumstances set out in column 2 of the table item.\n  (2) For the purposes of paragraph 131AC(1)(b) of the Act, an apparatus licence specified in column 1 of a table item is not transferable to a proposed transferee (the other person) under Division 8 of Part 3.3 of the Act in the circumstances set out in column 2 of the table item.\n    Table\n\n|     | Column 1                                                                                                                                                                                                                                                             | Column 2                                                                                                                                                                                          |\n| --- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n|     | Licence                                                                                                                                                                                                                                                              | Circumstances in which other person must not be authorised, or in which the licence is not transferable                                                                                           |\n| 1   | An apparatus licence held by an exempt person                                                                                                                                                                                                                        | The other person is not an exempt person                                                                                                                                                          |\n| 2   | An apparatus licence held by an eligible person                                                                                                                                                                                                                      | The other person is not one of the following:(a) an exempt person;(b) an eligible person                                                                                                          |\n| 3   | An apparatus licence that authorises the operation of a radiocommunications device for the provision of an international broadcasting service                                                                                                                        | There is no international broadcasting licence in force that authorises the provision of the international broadcasting service by the other person                                               |\n| 4   | An apparatus licence held by the Australian Broadcasting Corporation or the Special Broadcasting Service Corporation, where the Corporation operates a radiocommunications device under the licence to provide a broadcasting service to locations outside Australia | The other person intends to operate a radiocommunications device under the licence:(a) to provide an international broadcasting service; or(b) to provide a broadcasting service within Australia |\n| 5   | An apparatus licence that authorises the licensee to operate a radiocommunications device in the provision of an exempt broadcasting service                                                                                                                         | The other person intends to operate a radiocommunications device under the licence otherwise than in the provision of an exempt broadcasting service                                              |","sortOrder":6}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"This instrument repeals the 2015 Determination and replaces it with a new set of prohibitions that tie who can be authorised or receive transfers to the 2025 transmitter‑licence tax definitions and to specific broadcasting licence status. Because it expressly references the Radiocommunications (Transmitter Licence Tax) Determination 2025 and narrows conditions for international broadcasting and ABC/SBS licences, its operative scope is changed to depend on those 2025 definitions and the stated categorical restrictions."},"complexity_factors":["Relies on cross‑references to other instruments (Radiocommunications (Transmitter Licence Tax) Determination 2025; Broadcasting Services Act 1992; the Act) for key definitions and status determinations.","Key terms ('eligible person', 'exempt person', 'exempt broadcasting service') are defined outside this instrument, creating interpretive dependence.","Operates by a compact table of categorical prohibitions with conditional exceptions (e.g. ABC/SBS, international broadcasting licence), requiring factual checks of licence types and intentions.","Imposes two distinct legal effects—prohibition on authorising another to operate (subsection 115(1)(c)) and prohibition on transferability (subsection 131AC(1)(b))—so compliance requires understanding both mechanisms.","Repeals a prior 2015 Determination, requiring comparison to the earlier instrument to assess what specific rules were added, removed, or rephrased."],"plain_english_summary":"This determination sets legal limits on who a licensee may authorise to operate radiocommunications equipment and who may receive transfers of apparatus licences. It bars authorisation or transfer to persons who are not specified as 'exempt' or 'eligible' and imposes specific limits for international broadcasting and for ABC/SBS licences. The rules link eligibility to the Radiocommunications (Transmitter Licence Tax) Determination 2025 and to tax‑exemption status, so tax and broadcasting‑licence status determine who may be authorised or receive transfers."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This Determination appears to maintain the same scope as its predecessor (the 2015 Determination it repeals). It continues to regulate the same two activities: (1) authorising third parties to operate under apparatus licences, and (2) transferring apparatus licences. The structure and substance closely track the 2015 version, updating only the defined terms and references to contemporary instruments. There is no expansion into new regulatory areas or significant broadening of coverage."},"complexity_factors":["Short instrument: only 7 sections, approximately 1.5 pages of substantive content","Single operative provision (section 7) containing a 5-row table that handles both authorisation and transfer restrictions simultaneously","Minimal defined terms: only 3 defined in the instrument itself (eligible person, exempt broadcasting service, exempt person), with others imported by reference from the parent Act and related instruments","Straightforward conditional logic: simple 'if X, then not Y' structure in table format","Cross-references are limited and clearly identified: references to the Act, Broadcasting Services Act 1992, Radiocommunications Taxes Collection Act 1983, and the Radiocommunications (Transmitter Licence Tax) Determination 2025","No nested exceptions or complex temporal provisions","Clear parallel structure between subsections (1) and (2) — same table drives both authorisation and transfer rules"],"plain_english_summary":"This Determination updates rules on who may authorise use of, or transfer, Australian radio equipment licences. It limits when licence holders—especially exempt or tax‑eligible entities, broadcasters, and ABC/SBS—can hand over or permit use of licences, keeping fee concessions tied to qualifying bodies and ensuring international broadcasting licences stay with authorised services.\n\nIt matters because it blocks commercial operators from gaining subsidised spectrum and preserves public, community and international broadcasting arrangements."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/radiocommunications-apparatus-licences-authorisations-and-transfers-determination-2025","history":"/api/acts/radiocommunications-apparatus-licences-authorisations-and-transfers-determination-2025/history","analysis":"/api/acts/radiocommunications-apparatus-licences-authorisations-and-transfers-determination-2025/analysis","conflicts":"/api/acts/radiocommunications-apparatus-licences-authorisations-and-transfers-determination-2025/conflicts","importantCases":"/api/acts/radiocommunications-apparatus-licences-authorisations-and-transfers-determination-2025/important-cases","documents":"/api/acts/radiocommunications-apparatus-licences-authorisations-and-transfers-determination-2025/documents"}}