{"id":"C2004A04458","name":"Radiocommunications (Transitional Provisions and Consequential Amendments) Act 1992","slug":"radiocommunications-transitional-provisions-and-consequential-amendments-act-1992","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"167 of 1992","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":37426,"registerId":"commonwealth-C2004A04458-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n This Act may be cited as the Radiocommunications (Transitional Provisions and Consequential Amendments) Act 1992.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n This Act commences on 1 July 1993.","sortOrder":2},{"sectionNumber":"Part 2","sectionType":"part","heading":"Transitional provisions","content":"## Part 2—Transitional provisions","sortOrder":3},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"#### 3 Interpretation\n\n (1) In this Part, unless the contrary intention appears:\n\n> old Act means the Radiocommunications Act 1983.\n\n> new Act means the Radiocommunications Act 1992.\n\n (2) Subject to subsection (3), terms and expressions used in this Part have the same meaning as they have in the new Act.\n (3) Terms and expressions used in this Part that relate to the old Act or anything done under the old Act have the same meaning as they have in the old Act.","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Saving of instruments under the old Act","content":"#### 4 Saving of instruments under the old Act\n\n Subject to section 5, if an instrument is made by the Minister that:\n (a) is an instrument of a kind referred to in column 2 of the following table; and\n (b) was in force immediately before the commencement of this Act;\n then the instrument:\n (c) continues in force immediately after that commencement as if, at the time it had been made, it had been made, in the same terms, by the SMA as an instrument of the kind referred to in the corresponding item in column 3 of the following table; and\n (d) is taken, for all purposes, to have been issued by the SMA as such an instrument.\n\n```html\n

TABLE

Column 1
Item No.

Column 2
Instrument made under
the old Act

Column 3
Instrument made under
the new Act

1.

Appointment of a person under paragraph 3(5)(a) or (b) to be an inspector.

Appointment of a person under paragraph 267(1)(a) or (b) to be an inspector.

2.

A standard made under subsection 9(1).

A standard made under section 162.

3.

A test permit granted under section 10.

A permit issued under section 167.

4.

A permission given under subparagraph 11(2)(b)(i).

A permission given under subsection 174(1).

5.

A compliance statement certificate issued under subsection 12(1).

A compliance certificate issued under section 184.

6.

An advisory guideline made under subsection 16(1).

An advisory guideline made under section 262.

7.

An assignment of a part of the spectrum to the ABA under subsection 18(3).

A referral of that part of the spectrum to the ABA under section 31.

8.

A frequency band plan prepared under section 19.

A frequency band plan prepared under section 32.

9.

A transmitter licence granted under section 24.

A transmitter licence issued under section 100.

10.

A transmitter licence granted under section 24B.

A transmitter licence issued under section 102.

11.

A certificate of proficiency issued under section 31.

A certificate of proficiency issued under section 121.

12.

An approval of an examination under subsection 31(4).

An approval of an examination under section 122.

13.

A declaration, under subsection 31(4), of a prescribed age for the purposes of section 31 in relation to a class of certificates of proficiency.

A declaration, under subsection 122(2), of a minimum age for the purposes of section 122 in relation to that class of certificates of proficiency.

14.

A notice under subsection 32(1).

A request under subsection 123(1).

15.

A temporary permit granted under section 35.

A transmitter licence issued under section 100.

16.

A receiver licence granted under section 38.

A receiver licence issued under section 100.

17.

A declaration of a period of emergency under section 40.

A declaration of a period of emergency under section 219.

18.

An order made under section 41.

A restrictive order made under section 222.

19.

Guidelines made under section 42.

Guidelines made under section 230.

20.

A permission given under paragraph 65(5)(a).

A permission given under subsection 193(1).

21.

A permission given under paragraph 65(12)(a).

A permission given under subsection 195(1).

22.

A declaration under section 66A in relation to a device.

A declaration under subsection 190(1) in relation to the device.

23.

An identity card issued under section 68.

An identity card issued under section 268.

24.

A determination of a price-based allocation system under section 92A.

A determination of a price-based allocation system under section 106.

\n```","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Instruments subject to suspension","content":"#### 5 Instruments subject to suspension\n\n If, immediately before the commencement of this Act:\n (a) a compliance statement certificate issued under section 12 of the old Act is the subject of suspension under section 13 of the old Act; or\n (b) a transmitter licence granted under section 24 or 24B of the old Act is the subject of suspension under section 28 of the old Act;\n section 4 of this Act does not apply to the certificate or licence until the suspension ceases to have effect (otherwise than because of the expiry or cancellation of the certificate or licence).","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Authorities under transmitter licences","content":"#### 6 Authorities under transmitter licences\n\n An authority given by a person, under section 26 of the old Act, that was in force immediately before the commencement of this Act continues in force immediately after that commencement as if it had been an authorisation given by that person under section 114 of the new Act.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Frequency reservation certificates","content":"#### 7 Frequency reservation certificates\n\n (1) Subject to subsection (4), despite the repeal of the old Act by section 13 of this Act, a frequency reservation certificate granted under section 21 of the old Act that was in force immediately before the commencement of this Act remains in force after that commencement for the period for which it would have remained in force if the old Act were not repealed.\n (2) If an unallocated frequency is reserved in the name of a person in accordance with a frequency reservation certificate in force under subsection (1), the SMA must not issue to a person other than that person a permit or transmitter licence authorising the operation of a transmitter in a manner inconsistent with that reservation.\n (3) For the purposes of subsection (2), issuing a permit or transmitter licence that authorises the operation of a transmitter for a period not exceeding 14 days is taken to be not inconsistent with a reservation.\n (4) The SMA has the same power to cancel a frequency reservation certificate to which subsection (1) applies as the Minister had, immediately before the commencement of this Act, to cancel frequency reservation certificates.","sortOrder":8},{"sectionNumber":"11","sectionType":"section","heading":"Regulations under the Radiocommunications Act","content":"#### 11 Regulations under the Radiocommunications Act\n\n (1) Subject to subsection (3), any regulations made under the old Act and in force immediately before the commencement of this Act continue in force as if made under the new Act.\n (2) A reference in a regulation so continued in force to a provision of the old Act is taken to be a reference to the corresponding provision in the new Act.\n (3) This section does not apply to a regulation the making of which would not be authorised by the new Act.","sortOrder":9},{"sectionNumber":"Part 3","sectionType":"part","heading":"Repeal and consequential amendments","content":"## Part 3—Repeal and consequential amendments","sortOrder":10},{"sectionNumber":"14","sectionType":"section","heading":"Consequential amendments of Acts","content":"#### 14 Consequential amendments of Acts\n\n (2) References in subsection 362(4) of the Commonwealth Electoral Act 1918 as amended by this Act, and in section 108A of the Referendum (Machinery Provisions) Act 1984 as so amended, to contraventions of the Radiocommunications Act 1992 are taken to include references to contraventions of the Radiocommunications Act 1983 that took place before the commencement of this Act.\n (3) Without limiting the application of section 4 of this Act:\n (a) a reference in subparagraphs 91(a)(iii) and (c)(iii) of the Copyright Act 1968, as amended by this Act, to a transmitter licence issued under the Radiocommunications Act 1992;\n is taken to include:\n (b) a reference to a transmitter licence or a temporary permit that, although not in force immediately before the commencement of this Act, was in force at the time when the broadcast in question was made.","sortOrder":11}],"analysis":{"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"This Act is narrowly transitional and consequential. Its mechanics are limited to preserving existing legal instruments and mapping references from the repealed Radiocommunications Act 1983 to the Radiocommunications Act 1992, and to making small consequential amendments to other Commonwealth Acts. It does not expand the substantive regulatory reach or create new types of regulatory power beyond what the new Act provides; it simply carries existing instruments and references forward into the new scheme. Therefore the scope has not grown significantly beyond its original transitional purpose."},"complexity_factors":["Short, discrete Parts (Preliminary; Transitional; Consequential) but heavy reliance on cross-references to old and new Act provisions (multiple sections cited).","Interpretation subsection that defines 'old Act' and 'new Act' and sets meaning rules (section 3).","A Table mapping 24 specific categories of instruments from old-Act provisions to new-Act provisions (section 4) — itemised conversion increases operational complexity.","Conditional saving: instruments subject to suspension are excluded until suspension ends (section 5) — introduces exception to the general saving rule.","Specific preservation rules for frequency reservation certificates with operational limits (14‑day exception) and preservation of cancellation powers (section 7).","Continuation of regulations except where the new Act would not authorise them (section 11(3)) — requires legal review of each regulation’s compatibility.","Consequential amendments to other Commonwealth Acts that apply retrospectively to contraventions or past licences (section 14) — adds cross‑statute interaction complexity.","Numerous specific instrument types (licences, permits, certificates, standards, guidelines, orders, identity cards, approvals) referenced across the Table and sections."],"plain_english_summary":"**What this Act does, simply**\n\n- It makes short, mechanical legal changes to move from the old Radiocommunications Act 1983 to the new Radiocommunications Act 1992. (Short title and start date: sections 1–2.)\n\n- It preserves—on the day the new Act starts—existing licences, permits, certificates, standards, guidelines and similar legal instruments that were made under the old Act so they keep operating under the new Act without needing to be re‑issued. In practice those instruments are treated as if they had been issued by the new Act’s regulator, the SMA (section 4 and the Table in section 4). Examples in the Table include transmitter licences, test permits, compliance certificates, advisory guidelines, frequency band plans, identity cards and various permissions and approvals.\n\n- It keeps in force regulations that were made under the old Act, treating them as regulations under the new Act unless the new Act would not authorise them (section 11).\n\n- It preserves some specific legal effects from the old Act: for example, authorities granted under an old transmitter licence remain valid but are treated as authorisations under a specified provision of the new Act (section 6); frequency reservation certificates in force immediately before the change continue to run for their remaining term and the SMA must respect those reservations when issuing new permits or licences (section 7).\n\n- It protects ongoing suspensions: if a certificate or licence was suspended under the old Act immediately before the switch, the saving rules do not reinstate it while the suspension continues (section 5).\n\n- It makes narrow cross‑Act consequential amendments so other Commonwealth laws that refer to the Radiocommunications Act or to transmitter licences will pick up the old Act’s contraventions and licences for events that happened before the change (section 14).\n\n**Who this affects**\n\n- Holders of radiocommunications instruments (transmitter licences, permits, certificates, reservation certificates, identity cards, approvals, guidelines, standards) that existed under the 1983 Act immediately before the new Act starts.\n- The regulator under the new Act (referred to as the SMA) because the Act treats those instruments as if the SMA had issued them.\n- Any third parties or agencies that rely on those instruments (for example, other Commonwealth Acts that reference transmitter licences or contraventions).\n\n**Why it matters (mechanically, not politically)**\n\n- Purpose claimed by the instrument: to provide legal continuity when the old Act is repealed and the new Act takes effect. The Act’s mechanical effect is to avoid immediate disruption to rights, approvals and regulatory arrangements by re‑characterising existing instruments as instruments of the new regime (section 4 and Table).\n\n- Costs and incentives: regulated parties largely keep their existing rights and do not need immediate re‑application or re‑issue of licences, so direct compliance costs are reduced in the short term. The principal cost is transitional uncertainty where an instrument might conflict with a provision of the new Act or where the new Act would not authorise a previously valid regulation (section 11(3)).\n\n- Trade‑offs and risk: the saving approach minimises disruption but creates an administrative shift of legal title from the Minister (old Act) to the SMA (new Act). That moves decision‑making power and any future discretion to the SMA. There is some risk of confusion while stakeholders map old instrument types and references to the corresponding new Act provisions (the Table in section 4). There is also a risk that some regulations or instruments will not be carried forward if the new Act does not authorise them (section 11(3)).\n\n- Who pays / who decides / expected behaviour change:\n - Who pays: holders of existing instruments bear little immediate additional cost; the regulator (SMA) must administer and recognise the transferred instruments. If any instruments need amendment to comply with the new Act, holders may face administrative cost then. Any party seeking a new permit or licence after commencement must comply with the new Act.\n - Who decides: the SMA (as the new statutory regulator) is treated as the issuer of the saved instruments and will exercise regulatory powers going forward; the Minister’s prior powers (for example, to cancel frequency reservations) are preserved as the SMA’s powers when stated (section 7(4)).\n - Behaviour: holders can continue as before for the life of their existing instruments. New applicants must follow the new Act.\n\n**Implementation issues to watch**\n\n- Cross‑reference mapping: the Act relies on a Table that maps many specific old‑Act instrument types to new‑Act provisions (section 4). Stakeholders must check the Table item by item to confirm how particular instruments are carried forward.\n\n- Suspensions remain effective: an instrument that was valid but suspended under the old Act does not regain force under the saving rules until the suspension ends (section 5), which could produce short‑term gaps in authority.\n\n- Regulations that were permissible under the old Act but not under the new Act will not survive (section 11(3)). That may require later legislative or administrative correction if essential regulation lapses.\n\nOverall, the Act is a focused transitional statute whose mechanical purpose is continuity of existing regulatory instruments and to harmonise cross‑references in other Commonwealth laws to events that occurred before the new Act took effect."},"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"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: managing the statutory transition from the 1983 Radiocommunications Act to the 1992 Act. It does not expand beyond transitional savings, consequential amendments, and repeal mechanics."},"complexity_factors":["24-item conversion table mapping old Act instruments to new Act equivalents with specific section number cross-references","Dual interpretation regime: terms take meaning from old Act when relating to old Act matters, new Act for everything else (section 3)","Nested conditional logic in section 5 (suspensions) and section 7 (frequency reservations with 14-day exception)","Multiple cross-references to external legislation (Commonwealth Electoral Act 1918, Referendum Act 1984, Copyright Act 1968)","Temporal jurisdiction clause in section 14(3) extending new Act references to cover pre-commencement conduct"],"plain_english_summary":"This law is a **bridge** between two versions of Australia's radio communication rules. In 1992, Parliament replaced the old Radiocommunications Act 1983 with a new Radiocommunications Act 1992. This legislation makes sure nothing falls through the cracks during the switchover.\n\n**What it does:**\n- **Saves existing permits and licences**: If you had a radio licence, inspector appointment, or technical certificate under the 1983 law, it automatically becomes valid under the 1992 law. The law includes a detailed table matching 24 types of old documents to their new equivalents.\n- **Handles suspended licences**: If your licence was suspended under the old rules, the suspension continues until it ends naturally.\n- **Protects frequency reservations**: Special certificates reserving radio frequencies stay valid for their original term, and the new regulator (the SMA) must respect them.\n- **Keeps old regulations alive**: Rules made under the 1983 Act continue in force under the 1992 Act, with automatic updates to cross-references.\n- **Fixes references in other laws**: It updates mentions of the old Act in the Electoral Act, Referendum Act, and Copyright Act so they cover both old and new offences.\n\n**Who it affects:**\n- Radio broadcasters, telecommunications companies, and anyone holding spectrum licences\n- Government inspectors and technical staff\n- The Spectrum Management Agency (SMA), which took over from the Minister for day-to-day licensing\n\n**Why it matters:**\nWithout this law, thousands of radio licences and technical approvals would have expired overnight on 1 July 1993. It ensures **business continuity** — nobody had to reapply for permissions they already held."}},"importantCases":[],"_links":{"self":"/api/acts/radiocommunications-transitional-provisions-and-consequential-amendments-act-1992","history":"/api/acts/radiocommunications-transitional-provisions-and-consequential-amendments-act-1992/history","analysis":"/api/acts/radiocommunications-transitional-provisions-and-consequential-amendments-act-1992/analysis","conflicts":"/api/acts/radiocommunications-transitional-provisions-and-consequential-amendments-act-1992/conflicts","importantCases":"/api/acts/radiocommunications-transitional-provisions-and-consequential-amendments-act-1992/important-cases","documents":"/api/acts/radiocommunications-transitional-provisions-and-consequential-amendments-act-1992/documents"}}