{"id":"F2025L00909","name":"Radiocommunications (Trading Rules for Defence Spectrum Licences) Determination 2025","slug":"radiocommunications-trading-rules-for-defence-spectrum-licences-determination-2025","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106639,"registerId":"commonwealth-F2025L00909-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 (Trading Rules for Defence Spectrum Licences) Determination 2025.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  This instrument commences at the start of the day after the day it is registered on the Federal Register of Legislation.\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 subsections 86(1) and 88(1) of the Act.\n\n> Note: At the time this instrument was made, the Radiocommunications (Trading Rules for Spectrum Licences) Determination 2023 was made under subsection 88(1) of the Act. That determination does not apply to Defence spectrum licences (see section 7 of that determination).","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Repeal","content":"#### 4 Repeal\n\n  The Radiocommunications (Trading Rules for Defence Spectrum Licences) Determination 2015 \\[F2015L01217\\] is repealed.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Interpretation","content":"#### 5 Interpretation\n\n  In this instrument:\n\n> Act means the Radiocommunications Act 1992.\n\n> Defence spectrum licence means a spectrum licence issued to the Commonwealth for the purposes or benefit of the Defence Department.\n\n> Note: In accordance with the Public Governance, Performance and Accountability Act 2013, the accountable authority for the Defence Department, or a delegate of that accountable authority, is responsible for deciding whether to assign or otherwise deal with a Defence spectrum licence on behalf of the Commonwealth.\n\n> STU (short for standard trading unit) means the combination of:\n\n    (a) a part of the spectrum with a bandwidth of 1 GHz; and\n    (b) the geographic area that comprises the whole of Australia.\n\n> Note: A number of other expressions used in this instrument are defined in the Act, including the following:\n\n    (a) ACMA;\n    (b) Australia;\n    (c) Commonwealth officer;\n    (d) Defence Department;\n    (e) frequency band;\n    (f) Register;\n    (g) spectrum;\n    (h) spectrum licence.","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":"Rule about assignments of part of Defence spectrum licences","content":"#### 7 Rule about assignments of part of Defence spectrum licences\n\n  (1) Subject to subsection (2), the Commonwealth may assign a part of a Defence spectrum licence only if the part is at least an STU.\n\n> Note 1: In accordance with the Public Governance, Performance and Accountability Act 2013, the accountable authority for the Defence Department, or a delegate of that accountable authority, is responsible for deciding whether to assign a part of a Defence spectrum licence.\n\n> Note 2: An assignment of a part of a Defence spectrum licence does not take effect until the Register is amended to take it into account (section 86 of the Act).\n\n> Note 3: Once part of a Defence spectrum licence is assigned, that part ceases to be a Defence spectrum licence.\n\n  (2) Subsection (1) does not apply in relation to the assignment of part of a Defence spectrum licence if:\n    (a) a Commonwealth officer representing the Defence Department requests, in writing, for permission to assign a part of a spectrum licence that is smaller than an STU (whether in bandwidth, in geographic area, or both); and\n    (b) the ACMA, by writing, gives that permission.\n\n> Note 1: See subsection 88(3) of the Act.\n\n> Note 2: The ACMA may publish any permission so given on its website, or in another place.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Rule about varying Defence spectrum licences","content":"#### 8 Rule about varying Defence spectrum licences\n\n  Without limiting the ACMA’s powers under section 87 of the Act, if the Commonwealth assigns the whole or a part of a Defence spectrum licence, the ACMA may revoke a condition of the licence if the ACMA considers that the condition was included because the licence was issued to the Commonwealth for the purposes or benefit of the Defence Department.","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Provision of information about assignments of Defence spectrum licences","content":"#### 9 Provision of information about assignments of Defence spectrum licences\n\n  For the purposes of subsection 86(1) of the Act, the Commonwealth must give to the ACMA the name and postal address of the assignee of a Defence spectrum licence.\n\n> Note: The ACMA may require other information under subsection 86(1) of the Act.","sortOrder":8}],"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"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation maintains its original narrow purpose: setting trading rules specifically for Defence spectrum licences. It replaces the 2015 Determination with substantively similar provisions, updating only the mechanism for requesting sub-STU assignments (now requiring written request and written permission rather than the previous framework). The scope remains tightly focused on Defence spectrum trading mechanics without expansion into broader spectrum management issues."},"complexity_factors":["Short instrument (9 sections, approximately 2 pages)","Only 3 defined terms in the interpretation section (Act, Defence spectrum licence, STU)","Simple conditional structure: one main rule with one clear exception in section 7(2)","Minimal cross-referencing — primarily references to the Radiocommunications Act 1992 and one other Determination","No nested exceptions or complex definitional chains","Straightforward administrative requirements (name and address provision in section 9)"],"plain_english_summary":"This Determination sets how the Defence Department may trade its radio spectrum licences, requiring trades to be in minimum blocks called STUs (1 GHz nationwide) unless ACMA grants written permission for smaller or regional transfers. It also lets ACMA tidy up Defence‑specific licence conditions and requires recipients to provide contact details.\n\nIt affects Defence and ACMA, updating the 2015 rules to let Defence monetise unused spectrum while keeping regulatory oversight to prevent fragmentation."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"This instrument replaces the Radiocommunications (Trading Rules for Defence Spectrum Licences) Determination 2015 (s4) and establishes a specific minimum trading unit (STU) and related trading rules (s5, s7). It narrows permissible partial assignments to at least an STU unless ACMA permits smaller parts (s7(1)–(2)), adds an obligation to provide assignee details to ACMA (s9), and gives ACMA power to revoke Defence‑tied licence conditions on assignment (s8), thereby altering the prior regulatory framework for Defence spectrum trading."},"complexity_factors":["New minimum divisible unit (STU) defined as 1 GHz across the whole of Australia (s5) — a coarse granularity that shapes trading and market entry.","Discretionary ACMA permission to allow smaller-than-STU assignments creates administrative decision-making and case-by-case uncertainty (s7(2)).","ACMA power to revoke licence conditions tied to Defence when an assignment occurs introduces regulatory alteration of existing licence rights (s8).","Mandatory information flow from the Commonwealth to ACMA (assignee name and postal address) imposes a compliance requirement on the Commonwealth for Register amendment purposes (s9; note under s7).","Cross‑references and dependence on multiple Act provisions (ss3,6; notes citing ss86–88 and s87 of the Act) mean legal effect depends on interaction with primary legislation.","Accountability allocation under the Public Governance, Performance and Accountability Act affects who decides to assign (notes in ss5 and 7) and may add internal clearance processes.","Repeal of the 2015 Determination (s4) raises transitional and continuity considerations for stakeholders accustomed to the prior rules.","Reference to Register amendment timing and potential public publication of ACMA permissions (notes to s7) affects when assignments take effect and public visibility."],"plain_english_summary":"This instrument sets trading rules for Defence spectrum licences. It generally requires partial assignments to be at least a Standard Trading Unit (STU: 1 GHz across the whole of Australia) unless the ACMA gives written permission for smaller parts, requires the Commonwealth to give the assignee’s name and postal address to ACMA, allows ACMA to revoke licence conditions included because a licence was held for Defence, and repeals the 2015 Determination."}},"importantCases":[],"_links":{"self":"/api/acts/radiocommunications-trading-rules-for-defence-spectrum-licences-determination-2025","history":"/api/acts/radiocommunications-trading-rules-for-defence-spectrum-licences-determination-2025/history","analysis":"/api/acts/radiocommunications-trading-rules-for-defence-spectrum-licences-determination-2025/analysis","conflicts":"/api/acts/radiocommunications-trading-rules-for-defence-spectrum-licences-determination-2025/conflicts","importantCases":"/api/acts/radiocommunications-trading-rules-for-defence-spectrum-licences-determination-2025/important-cases","documents":"/api/acts/radiocommunications-trading-rules-for-defence-spectrum-licences-determination-2025/documents"}}