{"id":"F2021L00751","name":"Radiocommunications (Conditions of Interference Impact Certificates) Determination 2021","slug":"radiocommunications-conditions-of-interference-impact-certificates-determination-2021","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":101905,"registerId":"commonwealth-F2021L00751-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 (Conditions of Interference Impact Certificates) Determination 2021.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  This instrument commences on the later of the following:\n    (a) the same time as the Radiocommunications Accreditation (General) Rules 2021;\n    (b) the day after the day the instrument is registered on the Federal Register of Legislation.\n\n> Note: The Federal Register of Legislation may be accessed, free of charge, at [www.legislation.gov.au](http://www.legislation.gov.au).","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This instrument is made under section 266A of the Radiocommunications Act 1992.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Repeal of the Radiocommunications (subsection 145 (3) Certificates) Determination 2012","content":"#### 4 Repeal of the Radiocommunications (subsection 145 (3) Certificates) Determination 2012\n\n  The Radiocommunications (subsection 145 (3) Certificates) Determination 2012 (F2012L01719) is repealed.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Definitions","content":"#### 5 Definitions\n\n  In this instrument:\n\n> accredited person means a person who holds a kind of accreditation specified in the legislative rules for the purposes of subsection 145(3) of the Act.\n\n> Act means the Radiocommunications Act 1992.\n\n> frequency range, for a spectrum licence, means a part of the spectrum specified in the core condition of the licence mentioned in paragraph 66(1)(a) of the Act.\n\n> geographic area, for a spectrum licence, means the area specified in the core condition of the licence mentioned in paragraph 66(1)(c) of the Act.\n\n> guard area means a part of the geographic area for a spectrum licence that:\n\n    (a) adjoins the outer boundary of the geographic area; and\n    (b) within which no radiocommunications devices are registered, or intended by the licensee to be registered, on the Register in relation to the licence.\n\n> guard band means a part of the frequency range for a spectrum licence that:\n\n    (a) adjoins either the upper or the lower boundary of the frequency range; and\n    (b) within which no radiocommunications devices are registered, or intended by the licensee to be registered, on the Register in relation to the licence.\n\n> guard space, in relation to a spectrum licence, means:\n\n    (a) a guard area; or\n    (b) a guard band; or\n    (c) a combination of a guard area and a guard band;\n\n> for the spectrum licence that is designed to limit the radio emissions of devices operated under the licence outside the spectrum space of the licence.\n\n> interference impact certificate means a certificate issued under subsection 145(3) of the Act.\n\n> section 145 determination means a determination made under subsection 145(4) of the Act.\n\n> spectrum space, in relation to a spectrum licence, means the combination of the frequency range and geographic area for the licence.\n\n> Note 1: A number of other expressions used in this instrument are defined in the Act, including the following:\n\n    (a) accreditation;\n    (b) device;\n    (c) interference;\n    (d) legislative rules;\n    (e) radiocommunications device;\n    (f) radiocommunications transmitter;\n    (g) radio emission;\n    (h) Register;\n    (i) spectrum licence.\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.","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 in existence 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":"Condition to be satisfied — no unacceptable level of interference","content":"#### 7 Condition to be satisfied – no unacceptable level of interference\n\n  (1) This section sets out a condition to be satisfied by the operation of a radiocommunications transmitter under a spectrum licence, for the purposes of subsection 145(3) of the Act.\n  (2) Subject to subsections (3) and (4), the operation of the radiocommunications transmitter under the spectrum licence must not cause an unacceptable level of interference, within the meaning given by the section 145 determination (if any) that applies in relation to the spectrum licence.\n  (3) Subsection (2) does not apply if the accredited person issuing the interference impact certificate is satisfied that the use of guard space is sufficient to mitigate potential interference from the radiocommunications transmitter.\n  (4) Subsection (2) does not apply if the accredited person issuing the interference impact certificate is satisfied that each person who, in the accredited person’s opinion, may be affected by the interference has given consent in writing to interference from the radiocommunications transmitter.","sortOrder":6}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"This instrument repeals the Radiocommunications (subsection 145 (3) Certificates) Determination 2012 (s4) and replaces it with new conditions: it defines guard space and sets exceptions where an accredited person may certify despite interference (s5, s7). By repealing and restating certificate conditions the instrument changes the regulatory scope previously set by the 2012 Determination; the instrument text does not itself compare or quantify substantive differences between the two instruments."},"complexity_factors":["Key substantive standard ('unacceptable level of interference') is defined by a separate section 145 determination rather than in this instrument (s7(2)), creating a cross-reference dependency.","Accredited person discretion: exceptions permit certification despite interference where guard space is used or written consent obtained (s7(3)–(4)), requiring judgement about adequacy of mitigation or validity of consent.","Detailed definitions for guard area, guard band and guard space rely on licence core conditions and registration status of devices, linking this Determination to licence documents and the Register (s5).","Multiple external instruments and rules apply: the instrument commences with other accreditation rules (s2) and incorporates other legislative instruments by reference (s6), increasing fragmented governance.","Repeal of the 2012 Determination (s4) means practitioners must compare past and current requirements to assess changed obligations.","Compliance burden falls on spectrum licence holders to avoid interference, create/maintain guard space, or secure consents; enforcement and proof issues arise from operational facts (s7).","Short, high-level drafting leaves measurement and procedural detail to other instruments and to accredited persons, increasing interpretive and implementation risk."],"plain_english_summary":"This Determination sets the conditions for interference impact certificates under s145(3) of the Radiocommunications Act: spectrum licence holders must not operate transmitters that cause an “unacceptable level of interference” as defined by any section 145 determination. An accredited person issues the certificate and may instead allow operation if adequate guard space exists or if each person likely to be affected gives written consent. Licensees bear the compliance cost; accredited persons make the certification decision."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument maintains its original narrow purpose: setting conditions for interference impact certificates under section 145(3) of the Radiocommunications Act 1992. It is a direct replacement of the 2012 determination with the same scope, updated to reference current legislative instruments and clarify guard space concepts."},"complexity_factors":["Short instrument (7 sections, approximately 2 pages)","11 defined terms in section 5, with 9 additional terms incorporated by reference from the parent Act","Two straightforward exceptions to the main condition (subsections 7(3) and 7(4))","Heavy reliance on external documents: the \"section 145 determination\" defines \"unacceptable level of interference,\" and the \"Radiocommunications Accreditation (General) Rules 2021\" define who qualifies as an accredited person","No nested conditional logic or cross-references beyond standard \"as in force from time to time\" provisions","Clear hierarchical structure: definitions → general rule → two explicit exceptions"],"plain_english_summary":"This law replaces the 2012 interference-certification rule and sets when accredited technical experts can issue an “interference impact certificate” for a radio transmitter. It affects spectrum licence holders, the accredited persons who assess interference risk, and other radio users who might be affected. An accredited person must be satisfied the transmitter won’t cause “unacceptable interference,” except where a protective guard space exists or all potentially affected users give written consent. The result: a faster route to deploy transmitters while protecting existing users."}},"importantCases":[],"_links":{"self":"/api/acts/radiocommunications-conditions-of-interference-impact-certificates-determination-2021","history":"/api/acts/radiocommunications-conditions-of-interference-impact-certificates-determination-2021/history","analysis":"/api/acts/radiocommunications-conditions-of-interference-impact-certificates-determination-2021/analysis","conflicts":"/api/acts/radiocommunications-conditions-of-interference-impact-certificates-determination-2021/conflicts","importantCases":"/api/acts/radiocommunications-conditions-of-interference-impact-certificates-determination-2021/important-cases","documents":"/api/acts/radiocommunications-conditions-of-interference-impact-certificates-determination-2021/documents"}}