{"id":"F2021L00230","name":"Radiocommunications (Spectrum Access Charges – 20 GHz and 30 GHz Bands) Determination 2021","slug":"radiocommunications-spectrum-access-charges-20-ghz-and-30-ghz-bands-determination-2021","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":101344,"registerId":"commonwealth-F2021L00230-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n  This is the Radiocommunications (Spectrum Access Charges – 20 GHz and 30 GHz Bands) Determination 2021.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  This instrument commences on the day after the day it 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 subsection 294 (1) of the Radiocommunications Act 1992.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Repeal of this instrument","content":"#### 1 Name\n\n  This is the Radiocommunications (Spectrum Access Charges – 20 GHz and 30 GHz Bands) Determination 2021.\n\n#### 2 Commencement\n\n  This instrument commences on the day after the day it 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).\n\n#### 3 Authority\n\n  This instrument is made under subsection 294 (1) of the Radiocommunications Act 1992.\n\n#### 4 Repeal of this instrument\n\n#### This instrument is repealed at the end of 26 April 2036.\n\n#### 5 Definitions\n\n  In this instrument:\n\n> Act means the Radiocommunications Act 1992.\n\n> licensee has the same meaning as in paragraph (a) of that definition in the Act.\n\n> re-issue for a spectrum licence means the re-issue of a spectrum licence in accordance with subsection 82 (1) of the Act.\n\n> 20 GHz Defence band means the range of frequencies between 20.2–21.2 GHz.\n\n> 30 GHz Defence band means the range of frequencies between 30–31 GHz.\n\n> Note: In accordance with paragraph 13 (1) (b) of the Legislation Act 2003, other expressions in this Determination have the same meaning as in the Act, including:\n\n> Note: ACMA\n\n> Note: spectrum access charge\n\n> Note: spectrum licence.\n\n#### 6 Spectrum access charge for the 20 GHz Defence band spectrum licence\n\n  (1) The spectrum access charge for the re-issue of the 20 GHz Defence band spectrum licence is $16,191,243, if paid as a lump sum in accordance with subsection (2).\n  (2) If the licensee does not elect for subsection (3) to apply, the spectrum access charge for the re-issue of the 20 GHz Defence band spectrum licence is payable on or before 6 April 2021.\n  (3) If the licensee elects, in accordance with section 8, for this subsection to apply, the spectrum access charge for the re-issue of the 20 GHz Defence band spectrum licence is payable by instalments in the amount specified and at the following times:\n    (a) an amount of $3,306,896 is payable on or before 6 April 2021;\n    (b) an amount of $3,306,896 is payable on each anniversary of the day the licence came into force;\n  until a total of $16,534,480 has been paid under paragraphs (a) and (b).\n\n#### 7 Spectrum access charge for the 30 GHz Defence band spectrum licence\n\n  (1) The spectrum access charge for the re-issue of the 30 GHz Defence band spectrum licence is $16,191,243, if paid as a lump sum in accordance with subsection (2).\n  (2) If the licensee does not elect for subsection (3) to apply, the spectrum access charge for the re-issue of the 30 GHz Defence band spectrum licence is payable on or before 6 April 2021.\n  (3) If the licensee elects, in accordance with section 8, for this subsection to apply, the spectrum access charge for the re-issue of the 30 GHz Defence band spectrum licence is payable by instalments in the amount specified and at the following times:\n    (a) an amount of $3,306,896 is payable on or before 6 April 2021;\n    (b) an amount of $3,306,896 is payable on each anniversary of the day the licence came into force;\n  until a total of $16,534,480 has been paid under paragraphs (a) and (b).\n\n#### 8 Election – 20 GHz and 30 GHz Defence band spectrum licences\n\n  The licensee may elect for subsection 6 (3) or 7 (3) (or both) to apply to the spectrum access charge for the relevant spectrum licence mentioned in subsections 6 (3) or 7 (3), by:\n    (a) providing a written notice to the ACMA to that effect, for the licence; and\n    (b) giving that written notice to the ACMA at any time before 5 April 2021.","sortOrder":3},{"sectionNumber":"This instrument is repealed at the end o","sectionType":"section","heading":"This instrument is repealed at the end of 26 April 2036.","content":"#### 1 Name\n\n  This is the Radiocommunications (Spectrum Access Charges – 20 GHz and 30 GHz Bands) Determination 2021.\n\n#### 2 Commencement\n\n  This instrument commences on the day after the day it 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).\n\n#### 3 Authority\n\n  This instrument is made under subsection 294 (1) of the Radiocommunications Act 1992.\n\n#### 4 Repeal of this instrument\n\n#### This instrument is [Repealed] at the end of 26 April 2036.\n\n#### 5 Definitions\n\n  In this instrument:\n\n> Act means the Radiocommunications Act 1992.\n\n> licensee has the same meaning as in paragraph (a) of that definition in the Act.\n\n> re-issue for a spectrum licence means the re-issue of a spectrum licence in accordance with subsection 82 (1) of the Act.\n\n> 20 GHz Defence band means the range of frequencies between 20.2–21.2 GHz.\n\n> 30 GHz Defence band means the range of frequencies between 30–31 GHz.\n\n> Note: In accordance with paragraph 13 (1) (b) of the Legislation Act 2003, other expressions in this Determination have the same meaning as in the Act, including:\n\n> Note: ACMA\n\n> Note: spectrum access charge\n\n> Note: spectrum licence.\n\n#### 6 Spectrum access charge for the 20 GHz Defence band spectrum licence\n\n  (1) The spectrum access charge for the re-issue of the 20 GHz Defence band spectrum licence is $16,191,243, if paid as a lump sum in accordance with subsection (2).\n  (2) If the licensee does not elect for subsection (3) to apply, the spectrum access charge for the re-issue of the 20 GHz Defence band spectrum licence is payable on or before 6 April 2021.\n  (3) If the licensee elects, in accordance with section 8, for this subsection to apply, the spectrum access charge for the re-issue of the 20 GHz Defence band spectrum licence is payable by instalments in the amount specified and at the following times:\n    (a) an amount of $3,306,896 is payable on or before 6 April 2021;\n    (b) an amount of $3,306,896 is payable on each anniversary of the day the licence came into force;\n  until a total of $16,534,480 has been paid under paragraphs (a) and (b).\n\n#### 7 Spectrum access charge for the 30 GHz Defence band spectrum licence\n\n  (1) The spectrum access charge for the re-issue of the 30 GHz Defence band spectrum licence is $16,191,243, if paid as a lump sum in accordance with subsection (2).\n  (2) If the licensee does not elect for subsection (3) to apply, the spectrum access charge for the re-issue of the 30 GHz Defence band spectrum licence is payable on or before 6 April 2021.\n  (3) If the licensee elects, in accordance with section 8, for this subsection to apply, the spectrum access charge for the re-issue of the 30 GHz Defence band spectrum licence is payable by instalments in the amount specified and at the following times:\n    (a) an amount of $3,306,896 is payable on or before 6 April 2021;\n    (b) an amount of $3,306,896 is payable on each anniversary of the day the licence came into force;\n  until a total of $16,534,480 has been paid under paragraphs (a) and (b).\n\n#### 8 Election – 20 GHz and 30 GHz Defence band spectrum licences\n\n  The licensee may elect for subsection 6 (3) or 7 (3) (or both) to apply to the spectrum access charge for the relevant spectrum licence mentioned in subsections 6 (3) or 7 (3), by:\n    (a) providing a written notice to the ACMA to that effect, for the licence; and\n    (b) giving that written notice to the ACMA at any time before 5 April 2021.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Definitions","content":"#### 5 Definitions\n\n  In this instrument:\n\n> Act means the Radiocommunications Act 1992.\n\n> licensee has the same meaning as in paragraph (a) of that definition in the Act.\n\n> re-issue for a spectrum licence means the re-issue of a spectrum licence in accordance with subsection 82 (1) of the Act.\n\n> 20 GHz Defence band means the range of frequencies between 20.2–21.2 GHz.\n\n> 30 GHz Defence band means the range of frequencies between 30–31 GHz.\n\n> Note: In accordance with paragraph 13 (1) (b) of the Legislation Act 2003, other expressions in this Determination have the same meaning as in the Act, including:\n\n> Note: ACMA\n\n> Note: spectrum access charge\n\n> Note: spectrum licence.","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Spectrum access charge for the 20 GHz Defence band spectrum licence","content":"#### 6 Spectrum access charge for the 20 GHz Defence band spectrum licence\n\n  (1) The spectrum access charge for the re-issue of the 20 GHz Defence band spectrum licence is $16,191,243, if paid as a lump sum in accordance with subsection (2).\n  (2) If the licensee does not elect for subsection (3) to apply, the spectrum access charge for the re-issue of the 20 GHz Defence band spectrum licence is payable on or before 6 April 2021.\n  (3) If the licensee elects, in accordance with section 8, for this subsection to apply, the spectrum access charge for the re-issue of the 20 GHz Defence band spectrum licence is payable by instalments in the amount specified and at the following times:\n    (a) an amount of $3,306,896 is payable on or before 6 April 2021;\n    (b) an amount of $3,306,896 is payable on each anniversary of the day the licence came into force;\n  until a total of $16,534,480 has been paid under paragraphs (a) and (b).","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Spectrum access charge for the 30 GHz Defence band spectrum licence","content":"#### 7 Spectrum access charge for the 30 GHz Defence band spectrum licence\n\n  (1) The spectrum access charge for the re-issue of the 30 GHz Defence band spectrum licence is $16,191,243, if paid as a lump sum in accordance with subsection (2).\n  (2) If the licensee does not elect for subsection (3) to apply, the spectrum access charge for the re-issue of the 30 GHz Defence band spectrum licence is payable on or before 6 April 2021.\n  (3) If the licensee elects, in accordance with section 8, for this subsection to apply, the spectrum access charge for the re-issue of the 30 GHz Defence band spectrum licence is payable by instalments in the amount specified and at the following times:\n    (a) an amount of $3,306,896 is payable on or before 6 April 2021;\n    (b) an amount of $3,306,896 is payable on each anniversary of the day the licence came into force;\n  until a total of $16,534,480 has been paid under paragraphs (a) and (b).","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":"Election — 20 GHz and 30 GHz Defence band spectrum licences","content":"#### 8 Election – 20 GHz and 30 GHz Defence band spectrum licences\n\n  The licensee may elect for subsection 6 (3) or 7 (3) (or both) to apply to the spectrum access charge for the relevant spectrum licence mentioned in subsections 6 (3) or 7 (3), by:\n    (a) providing a written notice to the ACMA to that effect, for the licence; and\n    (b) giving that written notice to the ACMA at any time before 5 April 2021.","sortOrder":8}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument itself sets explicit charges, payment methods, election procedure and expiry; it does not amend or expand the classes of licences, frequencies or payment mechanics beyond those express provisions. No change from an original scope is evident in the text provided — it confines scope to re-issue charges for the two Defence bands and the election procedure (ss 5–8)."},"complexity_factors":["Two payment options with different totals and timings (lump sum $16,191,243 v instalments totalling $16,534,480) (ss 6(1)–(3), 7(1)–(3))","Election by licensee required via written notice to the ACMA before a fixed deadline (5 April 2021) — creates a time-sensitive compliance burden (s 8)","Narrow technical scope defined by specific frequency ranges (20.2–21.2 GHz and 30–31 GHz) and limited subject-matter (re-issue of spectrum licences) (s 5)","Instrument lifecycle specified (commencement day after registration; repeal at end of 26 April 2036) requires attention to temporal applicability (ss 2, 4)","Made under specific statutory authority (Radiocommunications Act 1992, subsection 294(1)) — no delegated discretion in amounts within the Determination text (s 3)","Minor textual repetition and duplication in the supplied instrument increases reading time though not substantive legal complexity"],"plain_english_summary":"This Determination sets fixed spectrum access charges for re-issue of Defence-band spectrum licences in the 20 GHz (20.2–21.2 GHz) and 30 GHz (30–31 GHz) ranges, prescribes payment dates and an optional instalment plan, and is repealed on 26 April 2036 (ss 2, 4, 5–8). Licensees pay the charges and must notify the ACMA in writing before 5 April 2021 to choose instalments; the instalment route results in a higher total payment than the lump sum (ss 6–8)."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument remains tightly focused on its original purpose: setting specific dollar amounts for spectrum access charges for Defence bands. No expansion beyond the core pricing mechanism."},"complexity_factors":["Short, single-purpose instrument (8 operative sections)","Minimal defined terms (5 explicit definitions, 3 by reference)","Simple conditional structure (binary choice between lump sum vs instalments)","No cross-references to other legislation beyond the enabling Act and standard interpretation rules","Straightforward arithmetic calculations for payment amounts","No exceptions, exemptions, or nested conditions"],"plain_english_summary":"This instrument sets the fee the Department of Defence must pay to retain licences for two high‑frequency radio bands (20.2–21.2 GHz and 30–31 GHz) used for military and satellite communications, and gives Defence two payment choices: a $16,191,243 lump sum or annual instalments totaling $16,534,480. \n\nIt affects the Australian Defence Force and the ACMA, ensures Defence pays for scarce spectrum, and the determination expires in April 2036."},"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-spectrum-access-charges-20-ghz-and-30-ghz-bands-determination-2021","history":"/api/acts/radiocommunications-spectrum-access-charges-20-ghz-and-30-ghz-bands-determination-2021/history","analysis":"/api/acts/radiocommunications-spectrum-access-charges-20-ghz-and-30-ghz-bands-determination-2021/analysis","conflicts":"/api/acts/radiocommunications-spectrum-access-charges-20-ghz-and-30-ghz-bands-determination-2021/conflicts","importantCases":"/api/acts/radiocommunications-spectrum-access-charges-20-ghz-and-30-ghz-bands-determination-2021/important-cases","documents":"/api/acts/radiocommunications-spectrum-access-charges-20-ghz-and-30-ghz-bands-determination-2021/documents"}}