Part 1.1
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Commonwealth act
The Radiocommunications Act 1992 is Australia’s master rulebook for managing the radio frequency spectrum. Administered by ACMA, it governs how spectrum is allocated and licensed, sets technical and interference rules for equipment and services, and provides enforcement powers to keep wireless communications reliable and interference-free.
It affects anyone who uses or supplies wireless technology — telcos, broadcasters, device makers, emergency and defence services, and everyday users — because it shapes what wireless services exist, what devices are legal, and how emergency communications are protected.
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Direct links to the current provisions in Radiocommunications Act 1992.
This Act may be cited as the Radiocommunications Act 1992.
This Act commences on 1 July 1993.
The object of this Act is to promote the long‑term public interest derived from the use of the spectrum by providing for the management of the spectrum in a manner that: (a) facilitates the efficient planning, allocation and use of the spectrum; and (b) facilitates the use of the spectrum for: (i) commercial purposes; and (ii) defence purposes, national security purposes and other non‑commercial purposes (including public safety and community purposes); and (c) supports the communications policy objectives of the Commonwealth Government.
In order to achieve this object: (a) Chapter 2 provides for radio frequency planning that involves preparation of: (i) a spectrum plan and frequency band plans (see Part 2.1); and (ii) marketing plans (see Part 2.2); and (b) Chapter 3 provides for licensing radiocommunications under: (i) spectrum licences (see Part 3.2); and (ii) apparatus licences (see Part 3.3); and (iii) class licences (see Part 3.4); (c) Chapter 3 also provides for registration of licences (see Part 3.5); and (ca) Chapter 3 also provides for the re‑allocation of parts of the spectrum (see Part 3.6); and (d) Chapter 4 provides for general regulatory requirements aimed at: (i) providing for equipment rules and other technical regulation (see Part 4.1); and (ii) regulating various acts relating to radio emissions, particularly those involving interference with radiocommunications (see Part 4.2); and (iii) settling interference disputes (see Part 4.3); and (iv) providing for restricted use zones (see Part 4.4); and (e) Chapter 5 provides for various other matters dealing with the administration and enforcement of this Act.
In this Act, unless the contrary intention appears:
ACCC means the Australian Competition and Consumer Commission.
accreditation means an accreditation given under section 263.
accreditation rules means rules made under section 266.
ACMA means the Australian Communications and Media Authority.
advisory guideline means an advisory guideline made under section 262.
aircraft includes a balloon.
apparatus licence means an apparatus licence issued under Part 3.3.
apparatus licence tax means a tax imposed under the Radiocommunications (Receiver Licence Tax) Act 1983 or the Radiocommunications (Transmitter Licence Tax) Act 1983.
ART means the Administrative Review Tribunal.
Australia, when used in a geographical sense, includes the external Territories.
Australian aircraft means an aircraft that is in Australian control or is registered, or required to be registered, under regulations made under the Civil Aviation Act 1988.
Australian space object means a space object that the ACMA, by legislative instrument, determines to be an Australian space object 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 Management Act 1991; 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.
authorised defence supplier has the meaning given by section 10B.
authority, in relation to the Commonwealth, a State or a Territory, means:
(a) a Department; or
(b) a body (whether incorporated or unincorporated) established for a public purpose by or under the law of the Commonwealth, the State or the Territory, as the case may be; or
(c) any other body corporate in which:
(i) the Commonwealth, the State or the Territory, as the case may be; or
(ii) a body corporate referred to in paragraph (b);
has a controlling interest.
broadcasting services bands licence has the same meaning as in the Broadcasting Services Act 1992.
broadcasting station means a transmitter that is operating for the purposes of:
(a) a broadcasting services bands licence; or
(b) the provision of a national broadcasting service within the meaning of the Broadcasting Services Act 1992.
BSA control rules means:
(a) sections 54A and 56A of the Broadcasting Services Act 1992; and
(b) clause 41 of Schedule 6 to the Broadcasting Services Act 1992.
BSA coverage area means coverage area within the meaning of Schedule 4 to the Broadcasting Services Act 1992.
BSA datacasting licence means a datacasting licence under Schedule 6 to the Broadcasting Services Act 1992.
BSA exempt re‑transmission service means a service that, under subsection 212(1) of the Broadcasting Services Act 1992, is exempt from the regulatory regime established by that Act.
BSA licence area means licence area within the meaning of the Broadcasting Services Act 1992.
BSA television licence area plan means a television licence area plan within the meaning of the Broadcasting Services Act 1992.
category 1 digital radio multiplex transmitter licence means a transmitter licence for one or more multiplex transmitters that are for use for transmitting either or both of the following services in a designated BSA radio area:
(a) one or more digital commercial radio broadcasting services;
(b) one or more digital community radio broadcasting services.
category 2 digital radio multiplex transmitter licence means a transmitter licence for one or more multiplex transmitters that are for use for transmitting any or all of the following services in a designated BSA radio area:
(a) one or more digital commercial radio broadcasting services;
(b) one or more digital community radio broadcasting services;
(c) one or more digital national radio broadcasting services.
category 3 digital radio multiplex transmitter licence means a transmitter licence for one or more multiplex transmitters that are for use for transmitting one or more digital national radio broadcasting services in a designated BSA radio area.
certificate means:
(i) a certificate of proficiency; or
(ii) a compliance certificate; or
(iii) a frequency assignment certificate referred to in subsection 100(4A); or
(iv) any other kind of certificate that may be issued under this Act.
certificate of proficiency means a certificate of proficiency issued under section 121.
change, in relation to information in the Register, means any one or more of the following:
(a) the addition of matter to the information;
(b) the alteration of matter included in the information;
(c) the deletion of matter from the information.
class licence means a class licence issued under Part 3.4.
commercial broadcasting service has the same meaning as in the Broadcasting Services Act 1992.
commercial radio broadcasting licence has the same meaning as in the Broadcasting Services Act 1992.
commercial television broadcasting licence has the same meaning as in the Broadcasting Services Act 1992.
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; or
(c) a member of the Defence Force; or
(d) the Commissioner of the Australian Federal Police, a Deputy Commissioner of the Australian Federal Police, an AFP employee or a special member of the Australian Federal Police (all within the meaning of the Australian Federal Police Act 1979); or
(e) a member of the police force of a Territory.
community broadcasting service has the same meaning as in the Broadcasting Services Act 1992.
conciliator has the meaning given by section 202.
conciliator’s report means a report by a conciliator under section 208.
constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.
core condition means a condition included in a spectrum licence under section 66.
datacasting service has the same meaning as in the Broadcasting Services Act 1992.
Defence Department means the Department of State that deals with defence and that is administered by the Minister administering section 1 of the Defence Act 1903.
Department means:
(a) in relation to the Commonwealth—an Agency within the meaning of the Public Service Act 1999; or
(b) in relation to a State or Territory—a body that, in relation to that State or Territory, is a body of such a kind.
designated BSA radio area means:
(a) the BSA licence area of a commercial radio broadcasting licence; or
(b) the BSA licence area of a community radio broadcasting licence, where that BSA licence area is the same as the BSA licence area of a commercial radio broadcasting licence.
Note: See also section 8AD of the Broadcasting Services Act 1992, which deals with deemed radio broadcasting licence areas.
designated community radio broadcasting licence has the same meaning as in the Broadcasting Services Act 1992.
designated datacasting service has the same meaning as in Schedule 6 to the Broadcasting Services Act 1992.
designated forfeiture officer has the meaning given by section 283.
designated radiocommunications receiver has the meaning given by section 7A.
designated teletext service has the same meaning as in Schedule 6 to the Broadcasting Services Act 1992.
device means an item of equipment.
digital commercial radio broadcasting licence means a commercial radio broadcasting licence that authorises the provision of one or more digital commercial radio broadcasting services.
digital commercial radio broadcasting service has the same meaning as in the Broadcasting Services Act 1992.
digital community radio broadcasting licence means a designated community radio broadcasting licence that authorises the provision of one or more digital community radio broadcasting services.
digital community radio broadcasting representative company, in relation to a designated BSA radio area, has the meaning given by section 9C.
digital community radio broadcasting service has the same meaning as in the Broadcasting Services Act 1992.
digital national radio broadcasting service has the same meaning as in the Broadcasting Services Act 1992.
digital radio channel plan means a plan under section 44A.
digital radio multiplex transmitter licence means:
(a) a category 1 digital radio multiplex transmitter licence; or
(b) a category 2 digital radio multiplex transmitter licence; or
(c) a category 3 digital radio multiplex transmitter licence.
digital radio start‑up day has the same meaning as in the Broadcasting Services Act 1992.
direct allocation has the meaning given by section 60A.
disputed conduct means conduct (including any act and any refusal or omission to act) of a kind referred to in paragraph 205(1)(a).
engage in conduct means:
(a) do an act; or
(b) omit to perform an act.
environment means the physical environment.
equipment means:
(a) a radiocommunications transmitter; or
(b) a radiocommunications receiver; or
(c) anything designed or intended for radio emission; or
(d) anything, irrespective of its use or function or the purpose of its design, that is capable of radio emission; or
(e) anything that has a use or function that is capable of being interfered with by radio emission.
equipment rules means rules made under section 156.
Federal Court means the Federal Court of Australia.
foreign aircraft means an aircraft that is not an Australian aircraft.
foreign space object means a space object that is not an Australian space object.
foreign vessel means a vessel that is not an Australian vessel.
forfeiture notice means a notice under section 274.
foundation category 1 digital radio multiplex transmitter licence has the meaning given by section 98C.
foundation category 2 digital radio multiplex transmitter licence has the meaning given by section 98D.
foundation digital radio multiplex transmitter licence means:
(a) a foundation category 1 digital radio multiplex transmitter licence; or
(b) a foundation category 2 digital radio multiplex transmitter licence.
frequency band means any contiguous range of radio frequencies.
frequency band plan means a plan prepared under section 32.
HDTV digital mode has the same meaning as in Schedule 4 to the Broadcasting Services Act 1992.
import means import 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) an authority of a State;
(d) an authority of a Territory.
incumbent digital commercial radio broadcasting licensee has the meaning given by subsection 9D(1).
incumbent digital community radio broadcasting licensee has the meaning given by subsection 9D(2).
inspector has the meaning given in section 284.
interference means:
(a) in relation to radiocommunications—interference to, or with, radiocommunications that is attributable, whether wholly or partly and whether directly or indirectly, to an emission of electromagnetic energy by equipment; or
(b) in relation to the uses or functions of equipment—interference to, or with, those uses or functions that is attributable, whether wholly or partly and whether directly or indirectly, to an emission of electromagnetic energy by equipment.
interim ban has the meaning given by section 167.
interim tax means tax imposed by the Commercial Broadcasting (Tax) Act 2017.
international broadcasting licence means an international broadcasting licence under the Broadcasting Services Act 1992.
international broadcasting service has the same meaning as in the Broadcasting Services Act 1992.
label includes:
(a) a statement; and
(b) a QR code, or a similar thing, if the relevant link is to information on a website.
legislative rules means rules made under section 313B.
licence means a spectrum licence, an apparatus licence or a class licence.
licensee means:
(a) in relation to a spectrum licence—the person specified in the licence as the licensee, whether the licence was originally issued to that person or subsequently assigned to him or her; or
(b) in relation to an apparatus licence—the person who holds the licence;
and, in Part 2 of the Schedule, includes the person from whom the spectrum licence in question, or the part of the spectrum licence in question, was resumed.
marketing plan means a plan prepared under section 39 or 39A.
member, in relation to the Australian Federal Police, includes a special member of the Australian Federal Police.
member of a civilian component of a visiting force has the meaning given by subsection 5(3) of the Defence (Visiting Forces) Act 1963.
member of a visiting force has the meaning given by subsection 5(2) of the Defence (Visiting Forces) Act 1963.
member of the crew, in relation to an vessel, aircraft or space object, includes the person in charge of the vessel, aircraft or space object.
Ministerial policy statement has the meaning given by section 28B.
national broadcaster has the same meaning as in the Broadcasting Services Act 1992.
national broadcasting service has the same meaning as in the Broadcasting Services Act 1992.
national emergency declaration has the same meaning as in the National Emergency Declaration Act 2020.
NBS transmitter licence means a transmitter licence for a transmitter that is for use for transmitting, to the public, a national broadcasting service, but does not include a digital radio multiplex transmitter licence.
newspaper means a newspaper that is in the English language and is published on at least 4 days in each week, but does not include a publication if less than 50% of its circulation is by way of sale.
non‑foundation digital radio multiplex transmitter licence means:
(a) a category 1 digital radio multiplex transmitter licence; or
(b) a category 2 digital radio multiplex transmitter licence;
that is not a foundation digital radio multiplex transmitter licence.
offer to supply includes:
(a) make available for supply; and
(b) expose for supply; and
(c) display for supply; and
(d) advertise for supply.
open narrowcasting television service has the same meaning as in the Broadcasting Services Act 1992.
operate:
(a) when used in relation to:
(i) a radiocommunications transmitter; or
(ii) a radiocommunications receiver; or
(iii) a radiocommunications device; or
(iv) a transmitter that is a radiocommunications transmitter; or
(v) equipment that is a radiocommunications transmitter; or
(vi) equipment that is a radiocommunications receiver;
means operate for the purposes of, or in connection with, radiocommunications; or
(b) when used in relation to a transmitter that is not a radiocommunications transmitter—means operate (within the ordinary meaning of that expression); or
(c) when used in relation to equipment that is neither a radiocommunications transmitter nor a radiocommunications receiver—means operate (within the ordinary meaning of that expression).
part, in relation to a spectrum licence, means:
(a) a specified portion of the frequencies at which operation of radiocommunications devices is authorised under the licence; or
(b) a specified portion of the area within which operation of radiocommunications devices is so authorised; or
(c) a specified portion of the frequencies at which operation of radiocommunications devices is so authorised in a specified portion of the area within which operation of radiocommunications devices is so authorised.
period of emergency means a period declared to be a period of emergency under subsection 219(1).
Note: If a national emergency declaration is in force, the period for which the declaration is in force is taken to be a period of emergency for the purposes of this Act (see section 221A).
permanent ban has the meaning given by section 172.
permit means a permit issued by the ACMA under the equipment rules.
pre‑acquisition declaration means a declaration published in the Gazette under clause 1 of Part 1 of the Schedule.
protected symbol has the meaning given by section 166.
provisional international broadcasting certificate means a provisional international broadcasting certificate issued under section 131AF.
public interest statement:
(a) for a spectrum licence—has the meaning given by section 65A; or
(b) for an apparatus licence—has the meaning given by section 103A.
public or community service has the meaning given in section 10.
qualified company means a company that:
(a) is formed in Australia; and
(b) has a share capital.
qualified operator means a person who holds a certificate of proficiency.
radiocommunication has the meaning given in section 6.
radiocommunications device has the meaning given in subsection 7(1).
radiocommunications receiver has the meaning given in subsection 7(3).
radiocommunications transmitter has the meaning given in subsection 7(2).
radio emission has the meaning given in subsection 8(1).
re‑allocation deadline, in relation to a spectrum re‑allocation declaration, has the meaning given by section 153B.
re‑allocation period, in relation to a spectrum re‑allocation declaration, has the meaning given by section 153B.
recall notice means a notice issued under subsection 183(1), (2), (3) or (4).
receiver licence means an apparatus licence of the kind referred to in subsection 97(3).
reception, in relation to radio emission, includes interception.
Register means the Register of Radiocommunications Licences established under section 143.
Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.
renewal application period:
(a) for a spectrum licence—has the meaning given by section 65A; or
(b) for an apparatus licence—has the meaning given by section 103A.
renewal application period statement:
(a) for a spectrum licence—has the meaning given by section 65A; or
(b) for an apparatus licence—has the meaning given by section 103A.
renewal decision‑making period, for a spectrum licence, has the meaning given by section 65A.
renewal decision‑making period statement, for a spectrum licence, has the meaning given by section 65A.
renewal statement:
(a) for a spectrum licence—has the meaning given by section 65A; or
(b) for an apparatus licence—has the meaning given by section 103A.
restrictive order means an order made under subsection 222(1).
resumption notice means a notice published in the Gazette under clause 3 of Part 1 of the Schedule.
SDTV digital mode has the same meaning as in Schedule 4 to the Broadcasting Services Act 1992.
space object means an object (whether artificial or natural) that is beyond, has been beyond or is intended to go beyond the major portion of the Earth’s atmosphere, or any part of such an object, even if the part is intended to go only some of the way towards leaving the major portion of the Earth’s atmosphere.
Note: Under section 10A, the ACMA may determine that a particular object is not a space object for the purposes of this Act.
spectrum means the range of frequencies within which radiocommunications are capable of being made.
spectrum access charge means a spectrum access charge fixed under section 294.
spectrum licence means a spectrum licence issued under Part 3.2.
spectrum licence tax means a tax imposed under the Radiocommunications (Spectrum Licence Tax) Act 1997.
spectrum management functions, in relation to the ACMA, has the same meaning as in the Australian Communications and Media Authority Act 2005.
spectrum management powers, in relation to the ACMA, means the powers conferred on the ACMA by or under:
(a) this Act; or
(b) the Radiocommunications (Receiver Licence Tax) Act 1983; or
(c) the Radiocommunications (Spectrum Licence Tax) Act 1997; or
(d) the Radiocommunications Taxes Collection Act 1983; or
(e) the Radiocommunications (Transmitter Licence Tax) Act 1983; or
(f) Part 14AA of the Broadcasting Services Act 1992; or
(g) section 12 of the Australian Communications and Media Authority Act 2005, to the extent that the powers relate to the performance of the ACMA’s spectrum management functions.
spectrum plan means:
(a) in relation to a time before the first plan prepared under section 30 comes into effect—the last plan prepared under section 18 of the Radiocommunications Act 1983; and
(b) in relation to a time after the first plan prepared under section 30 comes into effect—a plan prepared under section 30.
spectrum re‑allocation declaration means a declaration under section 153B.
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 includes a member of the police force of a State.
subscription television broadcasting service has the same meaning as in the Broadcasting Services Act 1992.
supply includes supply (including re‑supply) by way of sale, exchange, lease, hire or hire‑purchase.
television program includes so much of a television program as consists only of sounds or images.
temporary community broadcasting licence has the same meaning as in the Broadcasting Services Act 1992.
this Act includes the regulations.
transmitter has the meaning given in subsection 8(2).
transmitter access warrant means a warrant issued under section 284KB.
transmitter licence means an apparatus licence of the kind referred to in subsection 97(2).
vessel means a vessel or boat of any description, and includes:
(a) an air‑cushion vehicle; and
(b) any floating structure.
(1) For the purposes of this Act, radiocommunication is: (a) radio emission; or (b) reception of radio emission; for the purpose of communicating information between persons and persons, persons and things or things and things. (2) The reference in subsection (1) to communicating information includes communicating information between a part of a thing and: (a) another part of the same thing; or (b) the same part of that thing; (as, for example, in the operation of radar equipment).
Note: Division 3 of Part 1.4 has the effect of extending the concept of radiocommunication in certain circumstances.
(1) For the purposes of this Act, a radiocommunications device is: (a) a radiocommunications transmitter other than a radiocommunications transmitter of a kind specified in a written determination made by the ACMA for the purposes of this paragraph; or (b) a radiocommunications receiver of a kind specified in a written determination made by the ACMA for the purposes of this paragraph. (2) For the purposes of this Act, a radiocommunications transmitter is: (a) a transmitter designed or intended for use for the purpose of radiocommunication; or (b) anything (other than a line within the meaning of the Telecommunications Act 1997) designed or intended to be ancillary to, or associated with, such a transmitter for the purposes of that use; or (c) anything (whether artificial or natural) that is designed or intended for use for the purpose of radiocommunication by means of the reflection of radio emissions and that the ACMA determines in writing to be a radiocommunications transmitter for the purposes of this Act. (3) For the purposes of this Act, a radiocommunications receiver is: (a) anything designed or intended for use for the purposes of radiocommunication by means of the reception of radio emission; or (b) anything (other than a line within the meaning of the Telecommunications Act 1997) designed or intended to be ancillary to, or associated with, such a thing for the purposes of that use; or (c) anything (whether artificial or natural) that is designed or intended for use for the purpose of radiocommunication by means of the reflection of radio emissions and that the ACMA determines in writing to be a radiocommunications receiver for the purposes of this Act. (4) This Act does not preclude the same thing from being both a radiocommunications receiver and a radiocommunications transmitter, or any other kind of transmitter, for the purposes of this Act. (5) A determination by the ACMA under this section is a legislative instrument.
For the purposes of this Act, if the operation of a radiocommunications receiver is not authorised by a class licence, the radiocommunications receiver is a designated radiocommunications receiver.
(1) For the purposes of this Act, a radio emission is any emission of electromagnetic energy of frequencies less than 420 terahertz without continuous artificial guide, whether or not any person intended the emission to occur. (2) For the purposes of this Act, a transmitter is: (a) anything designed or intended for radio emission; or (b) any other thing, irrespective of its use or function or the purpose of its design, that is capable of radio emission.
For the purposes of this Act, a label is taken to be applied to a thing if: (a) the label is affixed to the thing; or (b) the label is woven in, impressed on, worked into or annexed to the thing; or (c) the label is affixed to a container, covering, package, case, box or other thing in or with which the first‑mentioned thing is, or is to be, supplied; or (d) the label is woven in, impressed on, worked into or annexed to a container, covering, package, case, box or other thing in or with which the first‑mentioned thing is, or is to be, supplied; or (e) the label is affixed to, or incorporated in, an instruction or other document that accompanies the first‑mentioned thing.
For the purposes of this Act, a service is transmitted in digital mode if the service is transmitted using a digital modulation technique.
(1) For the purposes of this Act, a company is the digital community radio broadcasting representative company for a particular designated BSA radio area if: (a) the company is a qualified company; and (b) the incumbent digital community radio broadcasting licensees for the designated BSA radio area have given the ACMA a joint written notice electing that this paragraph apply to the company; and (c) before the company was formed, the promoters of the company invited each incumbent digital community radio broadcasting licensee for the area to subscribe for shares in the company on the basis that: (i) the incumbent digital community radio broadcasting licensees who accepted the invitation would be issued with an equal number of shares; and (ii) no other persons would be entitled to subscribe for shares in the company; and (d) the invitations referred to in paragraph (c) were published on the ACMA’s website; and (da) the invitations referred to in paragraph (c) were open for whichever of the following periods is applicable: (i) a period of at least 60 days; (ii) if all the invitees responded to the invitations within the period mentioned in subparagraph (i)—the period that began at the start of the period mentioned in subparagraph (i) and ended on the last occasion on which the promoters received such a response; and (e) there was no discrimination between subscribers for shares in the company in relation to the consideration payable for the issue of the shares concerned; and (f) the total amount of money payable as consideration for the issue of the shares in the company is not substantially in excess of the total amount that, as at the time the invitations referred to in paragraph (c) are published, would be required for the viable operation of the company; and (g) none of the recipients of an invitation referred to in paragraph (c) were subject to duress as to whether the invitation should be accepted; and (h) the company has a constitution; and (i) the company’s constitution provides that a person is not eligible to hold a share in the company unless the person is a digital community radio broadcasting licensee whose BSA licence area is the same as the designated BSA radio area; and (j) the company’s constitution provides that, if: (i) a digital community radio broadcasting licence is allocated to a person under the Broadcasting Services Act 1992 after the commencement of this section; and (ii) the BSA licence area of the digital community radio broadcasting licence is the same as the designated BSA radio area; the company must: (iii) within 30 days after the allocation of the digital community radio broadcasting licence, offer to issue shares in the company to the holder of the digital community radio broadcasting licence, where the number of shares offered equals the number of shares already held by a particular digital community radio broadcasting licensee; and (iv) keep the offer open for at least 90 days; and (v) ensure that, if the offer is accepted, the amount of money payable as consideration for the issue of the shares is not substantially in excess of the amount that was payable by an incumbent digital community radio broadcasting licensee who subscribed for shares in the company in response to an invitation referred to in paragraph (c); and (k) the company’s constitution provides that the purposes of the company are: (i) holding shares in one or more companies that hold, have applied for, or propose to apply for, category 1 digital radio multiplex transmitter licences, or category 2 digital radio multiplex transmitter licences, for the designated BSA radio area; and (ii) exercising the powers conferred by this Act on a digital community radio broadcasting representative company; and (iii) carrying out activities incidental to the purposes mentioned in subparagraphs (i) and (ii); and (l) the company complies with such other conditions (if any) as are specified in the regulations.
Note: See also section 8AD of the Broadcasting Services Act 1992, which deals with deemed radio broadcasting licence areas.
(2) For the purposes of the application of paragraph (1)(i) and subparagraph (1)(j)(iii) before the digital radio start‑up day for the designated BSA radio area, digital community radio broadcasting licensee includes an incumbent digital community radio broadcasting licensee. (3) An election under paragraph (1)(b) given in relation to a particular designated BSA radio area has no effect if an election under that paragraph has been previously given in relation to that area. (4) An election under paragraph (1)(b) is irrevocable. (5) The promoters of a company may request the ACMA to publish on its website the invitations referred to in paragraph (1)(c). (6) The ACMA must comply with a request under subsection (5) if the ACMA is satisfied that the request was made in good faith.
Incumbent digital commercial radio broadcasting licensee (1) For the purposes of this Act, if: (a) the licensee of a commercial radio broadcasting licence held the licence at the commencement of this section; and (b) the licence was not allocated under subsection 40(1) of the Broadcasting Services Act 1992; the licensee is an incumbent digital commercial radio broadcasting licensee. Incumbent digital community radio broadcasting licensee (2) For the purposes of this Act, if the licensee of a designated community radio broadcasting licence held the licence at the commencement of this section, the licensee is an incumbent digital community radio broadcasting licensee.
(1) For the purposes of this Act, a public or community service is a service provided by a body or organisation of a kind specified by the Minister, by written instrument, to be bodies or organisations for the purposes of this section. (2) Each such body or organisation must either be: (a) an authority of the Commonwealth, a State or a Territory; or (b) a body or organisation that: (i) is not carried on for the purpose of profit or gain to its members; and (ii) applies its profits (if any) or other income in achieving its objects; and (iii) does not provide for making any distribution, whether in money, property or otherwise, to its members. (3) The instrument is a legislative instrument.
Despite the definition of space object in section 5, the ACMA may, by legislative instrument, make a determination that a particular object is not a space object for the purposes of this Act.
Note: Under subsection 33(3A) of the Acts Interpretation Act 1901, objects may be specified by reference to a particular class or classes of objects.
(1) For the purposes of this Act, authorised defence supplier means a person who: (a) is a party to a written agreement for the supply of goods or services to the Defence Force or the Defence Department; and (b) is approved in writing by a member of the Defence Force or an officer of the Defence Department. (2) An approval under paragraph (1)(b) is not a legislative instrument.
(1) A reference in this Act to an offence against this Act or to an offence against a provision of this Act includes a reference to an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act or that provision, as the case requires. (2) A reference in this Act to a conviction of an offence includes a reference to: (a) making an order under section 19B of the Crimes Act 1914 in relation to the offence; or (b) payment of the amount stated in an infringement notice given under Part 5 of the Regulatory Powers Act, so far as it applies to the provision mentioned in subsection 270(1) of this Act that creates the offence.
(1) This Part is about the scope of this Act’s operation, and the situations in which that operation is extended or restricted. (2) Division 1 applies this Act to the Crown. (3) Division 2 describes how questions of location affect the application of this Act. (4) Division 3 brings certain activities within the concept of radiocommunication for the purposes of this Act. (5) Division 4 is about the situations and activities that are exempt from the operation of this Act.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
This Act may be cited as the Radiocommunications Act 1992.
This Act commences on 1 July 1993.
The object of this Act is to promote the long‑term public interest derived from the use of the spectrum by providing for the management of the spectrum in a manner that: (a) facilitates the efficient planning, allocation and use of the spectrum; and (b) facilitates the use of the spectrum for: (i) commercial purposes; and (ii) defence purposes, national security purposes and other non‑commercial purposes (including public safety and community purposes); and (c) supports the communications policy objectives of the Commonwealth Government.
In order to achieve this object: (a) Chapter 2 provides for radio frequency planning that involves preparation of: (i) a spectrum plan and frequency band plans (see Part 2.1); and (ii) marketing plans (see Part 2.2); and (b) Chapter 3 provides for licensing radiocommunications under: (i) spectrum licences (see Part 3.2); and (ii) apparatus licences (see Part 3.3); and (iii) class licences (see Part 3.4); (c) Chapter 3 also provides for registration of licences (see Part 3.5); and (ca) Chapter 3 also provides for the re‑allocation of parts of the spectrum (see Part 3.6); and (d) Chapter 4 provides for general regulatory requirements aimed at: (i) providing for equipment rules and other technical regulation (see Part 4.1); and (ii) regulating various acts relating to radio emissions, particularly those involving interference with radiocommunications (see Part 4.2); and (iii) settling interference disputes (see Part 4.3); and (iv) providing for restricted use zones (see Part 4.4); and (e) Chapter 5 provides for various other matters dealing with the administration and enforcement of this Act.
In this Act, unless the contrary intention appears:
ACCC means the Australian Competition and Consumer Commission.
accreditation means an accreditation given under section 263.
accreditation rules means rules made under section 266.
ACMA means the Australian Communications and Media Authority.
advisory guideline means an advisory guideline made under section 262.
aircraft includes a balloon.
apparatus licence means an apparatus licence issued under Part 3.3.
apparatus licence tax means a tax imposed under the Radiocommunications (Receiver Licence Tax) Act 1983 or the Radiocommunications (Transmitter Licence Tax) Act 1983.
ART means the Administrative Review Tribunal.
Australia, when used in a geographical sense, includes the external Territories.
Australian aircraft means an aircraft that is in Australian control or is registered, or required to be registered, under regulations made under the Civil Aviation Act 1988.
Australian space object means a space object that the ACMA, by legislative instrument, determines to be an Australian space object 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 Management Act 1991; 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.
authorised defence supplier has the meaning given by section 10B.
authority, in relation to the Commonwealth, a State or a Territory, means:
(a) a Department; or
(b) a body (whether incorporated or unincorporated) established for a public purpose by or under the law of the Commonwealth, the State or the Territory, as the case may be; or
(c) any other body corporate in which:
(i) the Commonwealth, the State or the Territory, as the case may be; or
(ii) a body corporate referred to in paragraph (b);
has a controlling interest.
broadcasting services bands licence has the same meaning as in the Broadcasting Services Act 1992.
broadcasting station means a transmitter that is operating for the purposes of:
(a) a broadcasting services bands licence; or
(b) the provision of a national broadcasting service within the meaning of the Broadcasting Services Act 1992.
BSA control rules means:
(a) sections 54A and 56A of the Broadcasting Services Act 1992; and
(b) clause 41 of Schedule 6 to the Broadcasting Services Act 1992.
BSA coverage area means coverage area within the meaning of Schedule 4 to the Broadcasting Services Act 1992.
BSA datacasting licence means a datacasting licence under Schedule 6 to the Broadcasting Services Act 1992.
BSA exempt re‑transmission service means a service that, under subsection 212(1) of the Broadcasting Services Act 1992, is exempt from the regulatory regime established by that Act.
BSA licence area means licence area within the meaning of the Broadcasting Services Act 1992.
BSA television licence area plan means a television licence area plan within the meaning of the Broadcasting Services Act 1992.
category 1 digital radio multiplex transmitter licence means a transmitter licence for one or more multiplex transmitters that are for use for transmitting either or both of the following services in a designated BSA radio area:
(a) one or more digital commercial radio broadcasting services;
(b) one or more digital community radio broadcasting services.
category 2 digital radio multiplex transmitter licence means a transmitter licence for one or more multiplex transmitters that are for use for transmitting any or all of the following services in a designated BSA radio area:
(a) one or more digital commercial radio broadcasting services;
(b) one or more digital community radio broadcasting services;
(c) one or more digital national radio broadcasting services.
category 3 digital radio multiplex transmitter licence means a transmitter licence for one or more multiplex transmitters that are for use for transmitting one or more digital national radio broadcasting services in a designated BSA radio area.
certificate means:
(i) a certificate of proficiency; or
(ii) a compliance certificate; or
(iii) a frequency assignment certificate referred to in subsection 100(4A); or
(iv) any other kind of certificate that may be issued under this Act.
certificate of proficiency means a certificate of proficiency issued under section 121.
change, in relation to information in the Register, means any one or more of the following:
(a) the addition of matter to the information;
(b) the alteration of matter included in the information;
(c) the deletion of matter from the information.
class licence means a class licence issued under Part 3.4.
commercial broadcasting service has the same meaning as in the Broadcasting Services Act 1992.
commercial radio broadcasting licence has the same meaning as in the Broadcasting Services Act 1992.
commercial television broadcasting licence has the same meaning as in the Broadcasting Services Act 1992.
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; or
(c) a member of the Defence Force; or
(d) the Commissioner of the Australian Federal Police, a Deputy Commissioner of the Australian Federal Police, an AFP employee or a special member of the Australian Federal Police (all within the meaning of the Australian Federal Police Act 1979); or
(e) a member of the police force of a Territory.
community broadcasting service has the same meaning as in the Broadcasting Services Act 1992.
conciliator has the meaning given by section 202.
conciliator’s report means a report by a conciliator under section 208.
constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.
core condition means a condition included in a spectrum licence under section 66.
datacasting service has the same meaning as in the Broadcasting Services Act 1992.
Defence Department means the Department of State that deals with defence and that is administered by the Minister administering section 1 of the Defence Act 1903.
Department means:
(a) in relation to the Commonwealth—an Agency within the meaning of the Public Service Act 1999; or
(b) in relation to a State or Territory—a body that, in relation to that State or Territory, is a body of such a kind.
designated BSA radio area means:
(a) the BSA licence area of a commercial radio broadcasting licence; or
(b) the BSA licence area of a community radio broadcasting licence, where that BSA licence area is the same as the BSA licence area of a commercial radio broadcasting licence.
Note: See also section 8AD of the Broadcasting Services Act 1992, which deals with deemed radio broadcasting licence areas.
designated community radio broadcasting licence has the same meaning as in the Broadcasting Services Act 1992.
designated datacasting service has the same meaning as in Schedule 6 to the Broadcasting Services Act 1992.
designated forfeiture officer has the meaning given by section 283.
designated radiocommunications receiver has the meaning given by section 7A.
designated teletext service has the same meaning as in Schedule 6 to the Broadcasting Services Act 1992.
device means an item of equipment.
digital commercial radio broadcasting licence means a commercial radio broadcasting licence that authorises the provision of one or more digital commercial radio broadcasting services.
digital commercial radio broadcasting service has the same meaning as in the Broadcasting Services Act 1992.
digital community radio broadcasting licence means a designated community radio broadcasting licence that authorises the provision of one or more digital community radio broadcasting services.
digital community radio broadcasting representative company, in relation to a designated BSA radio area, has the meaning given by section 9C.
digital community radio broadcasting service has the same meaning as in the Broadcasting Services Act 1992.
digital national radio broadcasting service has the same meaning as in the Broadcasting Services Act 1992.
digital radio channel plan means a plan under section 44A.
digital radio multiplex transmitter licence means:
(a) a category 1 digital radio multiplex transmitter licence; or
(b) a category 2 digital radio multiplex transmitter licence; or
(c) a category 3 digital radio multiplex transmitter licence.
digital radio start‑up day has the same meaning as in the Broadcasting Services Act 1992.
direct allocation has the meaning given by section 60A.
disputed conduct means conduct (including any act and any refusal or omission to act) of a kind referred to in paragraph 205(1)(a).
engage in conduct means:
(a) do an act; or
(b) omit to perform an act.
environment means the physical environment.
equipment means:
(a) a radiocommunications transmitter; or
(b) a radiocommunications receiver; or
(c) anything designed or intended for radio emission; or
(d) anything, irrespective of its use or function or the purpose of its design, that is capable of radio emission; or
(e) anything that has a use or function that is capable of being interfered with by radio emission.
equipment rules means rules made under section 156.
Federal Court means the Federal Court of Australia.
foreign aircraft means an aircraft that is not an Australian aircraft.
foreign space object means a space object that is not an Australian space object.
foreign vessel means a vessel that is not an Australian vessel.
forfeiture notice means a notice under section 274.
foundation category 1 digital radio multiplex transmitter licence has the meaning given by section 98C.
foundation category 2 digital radio multiplex transmitter licence has the meaning given by section 98D.
foundation digital radio multiplex transmitter licence means:
(a) a foundation category 1 digital radio multiplex transmitter licence; or
(b) a foundation category 2 digital radio multiplex transmitter licence.
frequency band means any contiguous range of radio frequencies.
frequency band plan means a plan prepared under section 32.
HDTV digital mode has the same meaning as in Schedule 4 to the Broadcasting Services Act 1992.
import means import 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) an authority of a State;
(d) an authority of a Territory.
incumbent digital commercial radio broadcasting licensee has the meaning given by subsection 9D(1).
incumbent digital community radio broadcasting licensee has the meaning given by subsection 9D(2).
inspector has the meaning given in section 284.
interference means:
(a) in relation to radiocommunications—interference to, or with, radiocommunications that is attributable, whether wholly or partly and whether directly or indirectly, to an emission of electromagnetic energy by equipment; or
(b) in relation to the uses or functions of equipment—interference to, or with, those uses or functions that is attributable, whether wholly or partly and whether directly or indirectly, to an emission of electromagnetic energy by equipment.
interim ban has the meaning given by section 167.
interim tax means tax imposed by the Commercial Broadcasting (Tax) Act 2017.
international broadcasting licence means an international broadcasting licence under the Broadcasting Services Act 1992.
international broadcasting service has the same meaning as in the Broadcasting Services Act 1992.
label includes:
(a) a statement; and
(b) a QR code, or a similar thing, if the relevant link is to information on a website.
legislative rules means rules made under section 313B.
licence means a spectrum licence, an apparatus licence or a class licence.
licensee means:
(a) in relation to a spectrum licence—the person specified in the licence as the licensee, whether the licence was originally issued to that person or subsequently assigned to him or her; or
(b) in relation to an apparatus licence—the person who holds the licence;
and, in Part 2 of the Schedule, includes the person from whom the spectrum licence in question, or the part of the spectrum licence in question, was resumed.
marketing plan means a plan prepared under section 39 or 39A.
member, in relation to the Australian Federal Police, includes a special member of the Australian Federal Police.
member of a civilian component of a visiting force has the meaning given by subsection 5(3) of the Defence (Visiting Forces) Act 1963.
member of a visiting force has the meaning given by subsection 5(2) of the Defence (Visiting Forces) Act 1963.
member of the crew, in relation to an vessel, aircraft or space object, includes the person in charge of the vessel, aircraft or space object.
Ministerial policy statement has the meaning given by section 28B.
natio
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