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Commonwealth act
This Act has been repealed and is no longer in force. It is retained for historical reference.
This law creates a national rules-and-permits regime controlling manufacture, import, supply, possession and operation of radio equipment through technical standards, compliance certificates, licences, short‑term permits and emergency orders. It applies to manufacturers, importers, suppliers, operators and businesses using radio, plus regulators and inspectors.
It matters because it aims to prevent harmful interference and protect safety but shifts compliance costs and risk onto manufacturers, sellers and licence‑holders (testing, certification, recordkeeping, fees, penalties) while concentrating substantial discretionary power in the Minister and enforcement agencies.
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Zoe can write the in-depth analysis on top of the summary above: how it works, who it affects and what each part actually does.
Direct links to the current provisions in Radiocommunications Act 1983.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
Radiocommunications Act 1983
No. 130 of 1983
TABLE OF PROVISIONS
PART I—PRELIMINARY
Section
Short title
Commencement
Interpretation
Crown to be bound
Additional operation of Act in relation to radar, radio astronomy, &c.
Application of Act
International agreements, &c.
Further provision with respect to certain persons
PART II—STANDARDS
Division 1—Making of, and compliance with, standards
Standards
Test permits
Offences relating to sub-standard devices
Division 2—Compliance statements and compliance statement certificates
Compliance statements and compliance statement certificates
Suspension of compliance statement certificates
Cancellation of compliance statement certificates
Offences relating to compliance statements, &c.
PART III—ADVISORY GUIDELINES
TABLE OF PROVISIONS—continued
PART IV—RADIO FREQUENCY PLANNING
Section
Interpretation
Spectrum plan
Frequency band plans
Publication and tabling of plans
PART V—FREQUENCY RESERVATION CERTIFICATES
PART VI—TRANSMITTER LICENCES AND TEMPORARY PERMITS
Interpretation
Radiocommunications transmitter not to be operated, &c., without transmitter licence or temporary permit
Transmitter licence
Conditions to which transmitter licence is subject
Authorities under transmitter licences
Contravening conditions of transmitter licences
Suspension of transmitter licences
Cancellation of transmitter licences
Notice to holder of authority under sub-section 26 (1)
Certificates of proficiency
Re-examination of qualified operators
Cancellation of certificates of proficiency
Certain persons deemed to be qualified operators
Temporary permits for non-resident aliens, &c.
PART VII—RECEIVER LICENCES
Interpretation
Receiver not to be operated, &c., without receiver licence
Receiver licence
PART VIII—RESTRICTED USE ZONES
Interpretation
Declaration of radiocommunications emergency
Orders
Guidelines for making orders
Offence of contravening an order
Orders to prevail over inconsistent laws
PART IX—SETTLEMENT OF INTERFERENCE DISPUTES
Interpretation
Reference of matters to conciliator
Functions of conciliator
Compulsory conferences
Conciliators
Remuneration and allowances
Offences relating to administration of Part
Operation of State and Territory laws
Report by Minister
TABLE OF PROVISIONS—continued
PART X—PUBLIC INQUIRIES
Section
Interpretation
Inquiries by Commissioner
Remuneration and allowances
Notice of inquiries
Procedure at inquiries, &c.
Power to administer oath or affirmation
Protection of Commissioner and witnesses
Contempt
Allowances to witnesses
Witness not to be prejudiced
Report by Minister
PART XI—MISCELLANEOUS
Offences
Delegation
Register of test permits, frequency reservation certificates, licences and temporary permits
Identity cards
Powers of arrest
Search warrants
Search warrants may be granted by telephone
Searches in emergencies
Goods seized under this Act
General powers of inspectors
Act not to affect performance of duties by inspectors
Personation of inspectors
Officers and employees of governments and authorities
Programs, &c., relating to radiocommunications and other matters
Surrender of permits, certificates and licences
Forfeiture
False statements
Prosecution of offences
Penalties for corporations
Evidentiary certificates
Conduct by servants or agents of body corporate
Review of decisions
Statements to accompany notification of decisions
Service of notices
Operation of this Act in relation to Broadcasting and Television Act
No compensation from Commonwealth
Act not to affect performance of State, Northern Territory or Norfolk Island functions
Legislation of the Australian Antarctic Territory
Regulations
Radiocommunications Act 1983
No. 130 of 1983
An Act relating to radiocommunications, interference to radiocommunications, and other matters
[Assented to 22 December 1983]
BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
PART I—PRELIMINARY
Short title
Commencement
(2) Paragraphs 11 (1) (a) and (c), sections 23 and 37 and sub-sections 65 (15), (16), (17) and (18) shall come into operation on such date as is fixed by Proclamation, being a date later than the date fixed for the purposes of sub-section (1).
Interpretation
3. (1) In this Act, unless the contrary intention appears—
“advisory guideline” means an advisory guideline made under sub-section 16 (1);
“agreement” includes a treaty or convention;
“aircraft” means a machine or apparatus that can derive support in the atmosphere from the reactions of the air or from buoyancy, but does not include an air-cushion vehicle;
“Australia” includes all the Territories;
“Australian aircraft” means an aircraft that is in Australian control or is registered in accordance with the Air Navigation Regulations as an Australian aircraft;
“Australian satellite” means a space satellite that is declared by the regulations to be an Australian satellite for the purposes of this Act;
“Australian vessel” means a vessel that is in Australian control or—
(a) not being an air-cushion vehicle—is an Australian boat within the meaning of the Fisheries Act 1952; or
(b) being an air-cushion vehicle—would be an Australian boat within the meaning of that Act if it were a boat within the meaning of that Act;
“authority of a State” means—
(a) a corporation established for a public purpose by or under a law of a State; or
(b) any other corporation in which a State, or a corporation referred to in paragraph (a), has a controlling interest;
“authority of the Commonwealth” means—
(a) a corporation established for a public purpose by or under a law of the Commonwealth or of a Territory; or
(b) any other corporation in which the Commonwealth, the Administration of a Territory or a corporation referred to in paragraph (a), has a controlling interest;
“broadcasting station” means so much of a broadcasting station (including a broadcasting translator station) within the meaning of the Broadcasting and Television Act 1942 or the Australian Broadcasting Corporation Act 1983 that consists of a transmitter that is operating for the purpose of the transmission of radio programs to the general public as authorized by or under either of those Acts;
“certificate of proficiency” means a certificate of proficiency issued under section 31;
“Commissioner” means a Commissioner appointed under sub-section 55 (5);
“Commonwealth officer” means—
(a) a Minister; or
(b) a person who, whether on a full-time or a part-time basis, and whether in a permanent capacity or otherwise—
(i) is in the service or employment of the Commonwealth, the Administration of a Territory or an authority of the Commonwealth; or
(ii) holds or performs the duties of any office or position established by or under a law of the Commonwealth or a Territory,
and, without limiting the generality of paragraph (b), includes—
(c) a member of the Defence Force; and
(d) a member of the Australian Federal Police or of the police force of a Territory;
“compliance statement” means a statement authorized by a compliance statement certificate;
“compliance statement certificate” means a certificate issued under sub-section 12 (1);
“conciliator” means a person appointed as a conciliator under section 49;
“device” means—
(a) radiosensitive equipment;
(b) a radiocommunications transmitter;
(c) a transmitter other than a radiocommunications transmitter; or
(d) a receiver,
but does not include a broadcasting station or a television station;
“environment” means the physical environment;
“financial corporation” means a financial corporation to which paragraph 51 (xx) of the Constitution is applicable, and includes a corporation formed within the limits of Australia that carries on as its sole or principal business the business of banking or insurance to which paragraph 51 (xiii) or (xiv) of the Constitution, as the case may be, is applicable;
“foreign aircraft” means an aircraft other than an Australian aircraft;
“foreign corporation” means a foreign corporation to which paragraph 51 (xx) of the Constitution is applicable;
“foreign satellite” means a space satellite other than an Australian satellite;
“foreign vessel” means a vessel other than an Australian vessel;
“frequency band plan” means a plan prepared under section 19;
“frequency reservation certificate” means a certificate granted under section 21;
“have in possession” includes having under control in any place whatever, whether for the use or benefit of the person of whom the term is used or of another person, and although another person has the actual possession or custody of the thing in question;
“importation” means importation into Australia;
“in Australian control” means in the control or possession of one or more of any of the following:
(a) the Commonwealth (including an arm of the Defence Force) or a State or Territory;
(b) an authority of the Commonwealth;
(c) a corporation established for a purpose of a State or Territory by or under a law in force in that State or Territory;
(d) any other corporation in which a State or Territory, or a corporation referred to in paragraph (c), has a controlling interest;
“licence” means a receiver licence or a transmitter licence;
“Magistrate” includes a Justice of the Peace;
“manufactured” means manufactured in Australia;
“medical practitioner” means a person registered or licensed as a medical practitioner under a law of a State or Territory that provides for the registration or licensing of medical practitioners;
“officer” means a Commonwealth officer or a State officer;
“operate”—
(a) in relation to a radiocommunications receiver, means operate for the purpose of radiocommunication otherwise than solely for the purpose of radio transmission;
(b) in relation to a radiocommunications transmitter, means operate for the purpose of radiocommunication otherwise than solely for the purpose of the reception of radio transmission; and
(c) in relation to a prescribed transmitter, means operate for the purpose of prescribed radio transmission;
“physical quantity” means a physical quantity specified in regulations in force for the purposes of section 7 of the Weights and Measures (National Standards) Act 1960;
“prescribed radio transmission” means radio transmission for purposes in connection with the making of a measurement of a physical quantity by means of the propagation or other qualities of radio transmission;
“prescribed transmitter” means a transmitter designed or intended for prescribed radio transmission;
“qualified operator” means a person who holds a certificate of proficiency;
“radiocommunication” means—
(a) radio transmission; or
(b) reception of radio transmission,
for the purposes of the communication of information between persons and persons, persons and things or things and things;
“radiocommunications transmitter” means a transmitter designed or intended for use for the purpose of radiocommunication, and includes any thing (other than a line within the meaning of the
Telecommunications Act 1975) designed or intended to be ancillary to, or associated with, such a transmitter for the purposes of that use;
“radiosensitive equipment” means any thing (other than a receiver or transmitter) any use or function of which is capable of being interfered with by radio transmission;
“radio transmission” means—
(a) any transmission or emission of electromagnetic energy of frequencies less than 3 terahertz; or
(b) any highly coherent transmission or emission of electromagnetic energy of frequencies not less than 3 terahertz and not exceeding 1,000 terahertz,
without continuous artificial guide;
“receiver” means any thing designed or intended for use for the purposes of radiocommunication by means of the reception of radio transmission, and includes any thing (other than a line within the meaning of the Telecommunications Act 1975) designed or intended to be ancillary to, or associated with, such a thing for the purposes of that use;
“receiver licence” means a licence granted under section 38;
“reception”, in relation to radio transmission, includes interception;
“standard” means a standard made under sub-section 9 (1);
“State officer” means a person who, whether on a full-time basis or a part-time basis, and whether in a permanent capacity or otherwise—
(a) is in the service or employment of a State or an authority of a State; or
(b) holds or performs the duties of any office or position established by or under a law of a State,
and, without limiting the generality of the foregoing, includes a member of the police force of a State;
“supply” includes supply (including re-supply) by way of sale, exchange, lease, hire, or hire-purchase;
“television station” means so much of a television station (including a television repeater station and a television translator station) within the meaning of the Broadcasting and Television Act 1942 or the Australian Broadcasting Corporation Act 1983 that consists of a transmitter that is operating for the purpose of the transmission of television programs to the general public as authorized by or under either of those Acts;
“temporary permit” means a permit granted under section 35;
“test permit” means a permit granted under section 10;
“this Act” includes the regulations;
“trading corporation” means a trading corporation to which paragraph 51 (xx) of the Constitution is applicable;
“transmitter” means—
(a) any thing designed or intended for radio transmission; or
(b) any other thing, irrespective of its use or function or the purpose of its design, that is capable of radio transmission;
“transmitter licence” means a licence granted under section 24;
“vessel” means a vessel or boat of any description, and includes—
(a) an air-cushion vehicle; and
(b) any floating structure.
(2) A reference in this Act to a member of the Australian Federal Police or to a member of a police force includes a reference to a special member of the Australian Federal Police.
(3) A reference in this Act to a conviction of an offence includes a reference to—
(a) the making of an order under section 19b of the Crimes Act 1914 in relation to the offence; or
(b) the payment, in pursuance of regulations made by virtue of paragraph 93 (2) (d) of this Act, of a penalty in relation to the offence.
(4) A reference in this Act to an offence against this Act, to an offence against a provision of this Act or to a contravention of this Act includes a reference to an offence against—
(a) section 6, 7 or 7a of the Crimes Act 1914; or
(b) sub-section 86 (1) of that Act by virtue of paragraph (a) of that sub-section,
that relates to this Act or that provision, as the case requires.
(5) A reference in a provision of this Act to an inspector is a reference to—
(a) an officer appointed by the Minister, by instrument in writing, to be an inspector for the purposes of the provision;
(b) an officer included in a class of officers appointed by the Minister, by instrument in writing published in the Gazette, to be inspectors for the purposes of the provision; or
(c) a member (other than a special member) of the Australian Federal P
This is an opening excerpt, not the complete document.