Radiocommunications (Trading Rules for Defence Spectrum Licences) Determination 2025

The Determination relies on a small set of core concepts and definitions and cross-references powers and obligations in the Radiocommunications Act 1992. Those concepts structure who acts, what may be transferred, and what the ACMA may do once an assignment occurs.

Defence spectrum licence is central. The instrument defines it as a spectrum licence issued to the Commonwealth for the purposes or benefit of the Defence Department (s 5). The definition is purpose-tied, not merely holder-tied, so a spectrum licence issued to the Commonwealth for non-Defence purposes would not fall within the Determination’s scope. The instrument’s note draws in departmental accountability under the Public Governance, Performance and Accountability Act 2013, stating that the Defence Department’s accountable authority, or a delegate, is responsible for deciding whether to assign or otherwise deal with a Defence spectrum licence (note to definition in s 5). That places the internal Commonwealth decision-stage squarely within the PGPA accountability architecture, as recorded in the instrument.

Standard trading unit or STU is the other key definitional construct. The STU is both a bandwidth and a geographic construct, defined as a part of the spectrum with a bandwidth of 1 GHz together with the geographic area comprising the whole of Australia (s 5). The STU therefore bundles frequency and national geography into a single minimum trading block for part assignments.

Assignment mechanics. Section 7 sets the rule: the Commonwealth may assign a part of a Defence spectrum licence only if that part is at least an STU (s 7(1)). That imposes a minimum size and an implied uniformity of tradability: parts smaller in bandwidth or geographic extent are not assignable without a specific exemption. The instrument adds three related notes to s 7, which are part of the instrument text and should be read: (1) reiterating the accountable authority role under the PGPA Act; (2) observing that assignments do not take effect until the Register is amended (citing s 86 of the Act); and (3) stating that once part is assigned, that part ceases to be a Defence spectrum licence (note 3 to s 7). Each note helps explain legal consequence and administrative sequencing.

ACMA discretion and revocation. Section 8 gives the ACMA a deletion-like power: where the Commonwealth assigns the whole or part of a Defence spectrum licence, the ACMA may revoke a condition of the licence, but only if it considers that the condition was included because the licence was issued to the Commonwealth for Defence purposes (s 8). The text explicitly does not limit the ACMA’s existing statutory powers under section 87 of the Act, so the revocation power operates alongside broader ACMA licencing powers.

Information supply. Section 9 supplies the minimum information the Commonwealth must supply for purposes of subsection 86(1) of the Act: the name and postal address of the assignee (s 9). The note appended to s 9 clarifies that the ACMA may require other information under the Act.

Instrument status and cross-references. The Determination is made under ss 86(1) and 88(1) of the Act (s 3) and contains an express provision on references to other instruments (s 6). It also repeals a prior 2015 Determination on the same topic (s 4). The commencement rule locates the start date as the day after registration (s 2), which is operational for timing transfers and compliance.

These main concepts together define a framework where the default tradeable building block of a Defence spectrum licence is a 1 GHz national slice, the Defence Department’s accountable authority is responsible for deciding to assign, the ACMA must be provided with assignee identification and holds a defined discretion to allow smaller assignments and to revoke Defence-specific licence conditions after assignment, and administrative steps such as register amendment determine legal effect.

The Determination identifies and binds a focused set of actors, with different roles and obligations. It primarily affects: (a) the Commonwealth as holder of Defence spectrum licences, (b) the Defence Department’s accountable authority or its delegates, (c) the ACMA, and (d) prospective assignees of Defence spectrum licence parts.

Commonwealth and Defence Department accountable authority. The Commonwealth is the legal holder of any Defence spectrum licence, and the Determination expressly ties internal decision-making to the Defence Department’s accountable authority under the Public Governance, Performance and Accountability Act 2013 (s 5, note). The accountable authority, or a delegate, bears responsibility for deciding whether to assign a Defence spectrum licence or a part of one, and for making any written request to ACMA for permission to assign parts smaller than an STU (s 7(2) and s 5 note). In practice, then, internal Defence administrative actors who exercise delegations under the PGPA Act will be decision-makers for assignment steps mandated by the Determination.

ACMA. The Australian Communications and Media Authority is the recipient of the Commonwealth’s mandatory assignee data and the gatekeeper for exceptions to the STU minimum. The ACMA holds a two-part discretionary role: (1) it may give written permission for assignments of parts smaller than an STU when requested by a Commonwealth officer representing the Defence Department (s 7(2)), and it may publish that permission (note to s 7(2)); and (2) it may revoke licence conditions where it considers the condition was included because the licence was issued to the Commonwealth for Defence purposes (s 8). The Determination integrates the ACMA into the registration and post-assignment condition regime under the Act (notes in s 7 and s 9 referencing s 86 and the Act).

Commonwealth assignees. Any assignee of a Defence spectrum licence part will be affected by the registration requirement and by the ACMA’s power to revoke Defence-related licence conditions after assignment. The Commonwealth must give the ACMA the name and postal address of the assignee for the purposes of s 86(1) of the Act (s 9). The instrument also notes that the ACMA may require other information under s 86(1) (note to s 9). The assigned part ceases to be a Defence spectrum licence once assigned (note 3 to s 7), which changes the legal character of that part and will affect the assignee’s post-assignment rights and obligations.

Potential market participants and smaller users. Because the STU is defined as a 1 GHz slice over the whole of Australia (s 5), the Determination materially affects smaller or geographically limited users that might otherwise seek to acquire narrow bandwidth or regional rights. Those parties are outside the Commonwealth-ACMA axis for making the initial assignment decision, but they are indirectly affected because the default rule makes smaller or regional assignments possible only if the Defence Department requests permission, and only if ACMA grants it in writing (s 7(2)).

Other agencies and administrative actors. The Determination references other statutory schemes in notes: the Acts Interpretation Act 1901 and the Legislation Act 2003 for interpretive matters (note to s 6), and it identifies the ACMA and the Radiocommunications Act 1992 as the legal and administrative framework (s 3, s 6). Those cross-references mean that administrative officers who manage registers, publication of permissions, or record-keeping will be implicated by the Determination’s operational steps.

Those are the direct and immediate stakeholders. The Determination does not create duties that apply directly to private end-users in an operational sense beyond the consequences of assignment, it does not itself set fees or technical licence conditions, and it does not specify the content of conditions that may be revoked. The instrument’s effects therefore flow through institutional actors who decide, approve, register, or become assignees, with smaller prospective buyers or regional operators affected by the STU default and the ACMA’s exception power.

The Determination prescribes a small set of duties for the Commonwealth and confers or clarifies certain rights and discretions for the ACMA. It does not create broad private rights in third parties beyond the change in character that occurs on assignment.

Commonwealth duties

• Duty to observe the STU default for assignments. The Commonwealth may assign a part of a Defence spectrum licence only if the part is at least an STU, i.e. 1 GHz across the whole of Australia, unless the ACMA grants written permission for a smaller part after a written request by a Commonwealth officer representing the Defence Department (s 7(1)-(2)). This imposes a substantive constraint on what the Commonwealth may transfer without further ACMA action.

• Duty to provide assignee information to the ACMA. For the purposes of subsection 86(1) of the Act, the Commonwealth must give the ACMA the name and postal address of the assignee of a Defence spectrum licence (s 9). The instrument’s note makes clear that the ACMA can require further information under s 86(1) of the Act (s 9 note).

• Internal accountability obligation. The Determination explicitly places the responsibility for deciding to assign or otherwise deal with a Defence spectrum licence on the Defence Department’s accountable authority, or a delegate, pursuant to the PGPA Act (s 5 note; s 7 note 1). While this is framed as a note, it records an internal duty and locus of decision-making.

ACMA discretions and rights

• Permission for smaller-than-STU assignments. The ACMA may, by writing, give permission for the Commonwealth to assign a part of a Defence spectrum licence that is smaller than an STU, but only after a written request by a Commonwealth officer representing the Defence Department (s 7(2)). The ACMA may publish any permission it gives (s 7 note 2).

• Revocation of licence conditions. The ACMA may revoke a condition of a Defence spectrum licence if it considers that the condition was included because the licence was issued to the Commonwealth for the purposes or benefit of the Defence Department, and this power is exercisable where the Commonwealth assigns the whole or a part of a Defence spectrum licence (s 8). The instrument records that this power is without limiting the ACMA’s existing powers under s 87 of the Act, so it sits as an explicit, context-specific power in addition to other statutory powers (s 8).

• Information powers under the Act. The instrument notes that the ACMA may require other information under subsection 86(1) of the Act, meaning that the minimal name and postal address requirement in s 9 may not be exhaustive (s 9 note).

Rights of the assignee and residual licence status

• Change of licence character on assignment. Once part of a Defence spectrum licence is assigned, that part ceases to be a Defence spectrum licence (s 7 note 3). That has immediate legal effect: the assigned part leaves the category of “Defence spectrum licence” and will be dealt with under the relevant parts of the Act and the Register that apply to spectrum licences held by non‑Commonwealth parties.

• Register amendment as the operative act. An assignment does not take effect until the Register is amended to take it into account (s 7 note 2). The Register amendment is therefore a necessary administrative step for the legal effectiveness of the assignment.

Absences and implied limits

• No fees or procedure in the Determination. The instrument does not set fees, timeframes, or administrative procedures for making the written request, for the ACMA’s consideration of permission, or for the information the ACMA may require beyond the name and postal address (s 9 and s 7(2) note). The Determination instead references the Act for the ACMA’s information powers (s 9 note). Those matters are therefore handled elsewhere in the legislative scheme or by ACMA practice.

• No automatic right to assignment. The Commonwealth has no automatic right to assign parts smaller than an STU; it must seek and obtain written ACMA permission following a written request by a Commonwealth officer representing the Defence Department (s 7(2)). That converts smaller assignments from a matter of right into a discretionary grant.

Taken together, the duties and rights allocate decision-making power within government, make ACMA a gatekeeper for smaller or regional assignments and for post-assignment condition revocation, and require minimal information disclosure to the ACMA to effect registrations, leaving procedural detail to the Act and ACMA’s powers under it.

The Determination itself is primarily a rule-setting instrument that imposes procedural and substantive limits on assignments; it does not create criminal offences or specified monetary penalties within its text. Enforcement and the legal effect of non-compliance therefore operate through the Act and the administrative machinery referenced by the Determination.

Absence of internal penalty provisions

• No express fines or criminal penalties. The Determination contains no provisions imposing fines, administrative monetary penalties, or criminal sanctions for breaches of its rules. It does not, for example, prescribe a penalty for assigning a part smaller than an STU without ACMA permission. Any enforcement consequences for non-compliance will flow from the Radiocommunications Act 1992 and the Register provisions that come into play when assignments are not validly made or recorded.

Operational enforcement mechanisms implied by the instrument

• Register amendment as decisive. The instrument emphasises that an assignment does not take effect until the Register is amended to take it into account (s 7 note 2). The Register therefore performs an enforcement and legal-effect function: if an assignment is attempted without compliance with the Determination, the Register will not be amended and the legal status of the putatively assigned part will remain unchanged. That is an administrative control that prevents an assignment from having legal effect until registration requirements are satisfied.

• ACMA discretion to require information. Section 9 requires disclosure of an assignee’s name and postal address to the ACMA and notes the ACMA may require further information under subsection 86(1) of the Act (s 9 and note). The ACMA’s power to require information can be exercised to verify compliance with assignment rules and to ensure accurate Register entries. The ACMA’s information powers under the Act may carry statutory compliance and enforcement machinery in the Act itself.

• ACMA revocation of conditions. Section 8 gives the ACMA the power to revoke licence conditions in the context of assignment where it considers the condition was included because the licence was issued to the Commonwealth for Defence purposes (s 8). Revocation of conditions is an enforcement-relevant tool that changes the regulatory obligations attached to a licence following assignment. That is a substantive enforcement mechanism the ACMA may use to align post-assignment licences with non‑Defence norms where appropriate.

Potential administrative review and judicial remedies (not in the Determination)

• No procedural review clauses in the Determination. The instrument does not set out appeal or review processes against ACMA decisions under s 7(2) or s 8. Any review or legal challenge to ACMA decision-making, or to a Register amendment decision, would be governed by the Act, general administrative law, and other applicable statutes, but those frameworks are not described in the Determination itself.

• ACMA publication of permissions. The ACMA may publish any permission granted under s 7(2) (note to s 7(2)), which adds a transparency enforcement mechanism: publication creates a public record that can be inspected and that may influence compliance monitoring by other market participants and regulators.

Practical enforcement implication

• Administrative rather than penal. In short, the instrument relies on administrative controls,Register amendment, information requirements, ACMA’s discretionary permissions, and condition revocation,rather than prescribing new penal sanctions. Enforcement therefore centres on whether administrative preconditions are met and whether the ACMA elects to exercise its powers pursuant to the Act and this Determination.

Readers should therefore look to the Radiocommunications Act 1992 for the statutory enforcement toolkit that will give practical force to the Determination’s rules around assignment, registration, and ACMA decision-making.

The Determination is a legislative instrument that sits under and interacts with the Radiocommunications Act 1992, and it refers to the Public Governance, Performance and Accountability Act 2013 and interpretive Acts for broader application. The instrument also repeals a prior Determination, and it deliberately leaves certain procedural powers and requirements to the Act.

Primary statutory parentage

• Made under ss 86(1) and 88(1) of the Radiocommunications Act 1992. Section 3 states the Determination is made under subsections 86(1) and 88(1) of the Act (s 3). Those are the legal bases for registration and assignment-related provisions; the Determination therefore operates as a subordinate instrument that implements or specifies aspects of the Act’s assignment and registration framework.

• References to section 87 and the ACMA’s powers. Section 8 expressly notes it is “without limiting” the ACMA’s powers under section 87 of the Act (s 8). That signals that the revocation power in the Determination is additional and operates alongside the ACMA’s section 87 powers under the Act, e.g. powers to vary licences or conditions more generally, although the Determination does not restate the content of s 87.

Interaction with Register and s 86. The Determination repeatedly ties legal effect to the Act’s Register machinery. Section 7 note 2 points to section 86 of the Act for the proposition that an assignment of part of a Defence spectrum licence does not take effect until the Register is amended (s 7 note 2). Section 9 specifies the information the Commonwealth must give the ACMA “for the purposes of subsection 86(1) of the Act” (s 9). Those cross-references mean that the procedural mechanics and legal consequences of assignment are governed by the Act’s registration provisions, while the Determination supplies sector-specific rules.

Public Governance, Performance and Accountability Act 2013 link. The instrument’s notes invoke the PGPA Act to locate internal Commonwealth decision-making. The notes in s 5 and s 7 state that the accountable authority for the Defence Department, or a delegate, is responsible for deciding whether to assign or otherwise deal with a Defence spectrum licence, and for deciding whether to assign a part of a Defence spectrum licence (s 5 note; s 7 note 1). Those notes are not operative provisions abolishing other rules, but they record that internal Commonwealth accountability and delegate decision-making under the PGPA Act governs the Commonwealth’s assignment choices.

Interpretive Acts. Section 6 sets out that references to other legislative instruments are to those instruments as in force from time to time, and references to other kinds of instruments or writings are to those instruments as in force or existing from time to time (s 6). The accompanying notes reference the Acts Interpretation Act 1901 and subsection 13(1) of the Legislation Act 2003 for the application of interpretive rules (s 6 notes). Those cross-references mean that conventional interpretive rules and definitions apply to the Determination where relevant.

Repeal of prior Determination. Section 4 repeals the Radiocommunications (Trading Rules for Defence Spectrum Licences) Determination 2015 [F2015L01217] (s 4). The repeal removes the earlier subordinate instrument from the scheme and replaces it with the 2025 Determination, thereby updating the regulatory baseline. The Determination does not restate any changes made by the 2015 instrument; it simply repeals it. Any interactions between the 2015 Determination and other laws will now be governed by the 2025 Determination.

Residual reliance on the Act. The Determination leaves many procedural matters to the Act. For example, the ACMA’s ability to require information is referenced to subsection 86(1) of the Act (s 9 note), and the Register amendment is cited back to s 86 of the Act (s 7 note 2). This means that anyone analysing duties and liabilities must consult the Act to see the full operational detail of registration, information powers, and related enforcement measures.

In sum, the Determination is a targeted subordinate instrument that modifies assignment rules for Defence spectrum licences, but it does so within and by reference to the broader statutory architecture of the Radiocommunications Act 1992, the PGPA Act’s accountability framework, and standard interpretive rules in the Acts Interpretation Act 1901 and the Legislation Act 2003.

The Determination itself contains the essential amendment information relevant to its force and prior instruments. There are three administrative milestones recorded in the text.

Commencement. The instrument commences at the start of the day after the day it is registered on the Federal Register of Legislation (s 2). That places the operative start of the Determination at a clearly defined administrative moment, namely the day after registration.

Repeal of the 2015 Determination. Section 4 expressly repeals the Radiocommunications (Trading Rules for Defence Spectrum Licences) Determination 2015 [F2015L01217] (s 4). That is the only express repeal in the text. The repeal means that from the commencement moment forward, the 2015 instrument is no longer in force and the 2025 Determination is the operative subordinate instrument on trading rules for Defence spectrum licences.

Made under Act powers. Section 3 records the statutory authority under which the Determination is made, namely subsections 86(1) and 88(1) of the Radiocommunications Act 1992 (s 3). That identification is relevant to amendment mechanics, because any future amendment to the Determination will need to remain within those delegated powers and the procedure for legislative instruments set out in the Legislation Act 2003 and the Acts Interpretation Act 1901, as the Determination’s interpretive notes reference those Acts (s 6 and notes).

No other amendments recorded. The Determination does not record any prior amendments, schedules, transitional provisions, or other saved instruments beyond the single repeal of the 2015 Determination. There are no sunset clauses, no staged commencement provisions, and no transitional arrangements specified in the instrument text.

Practical consequence for users and administrators

• Single-step replacement. The Determination functions as a single-step replacement for the 2015 Determination: it takes effect on commencement, and the prior instrument is repealed. Entities relying on the previous rules should review the 2025 text immediately to identify changes in assignment rules and ACMA discretions.

• Requirement to check the Register and Act for detail. Because the Determination leaves registration mechanics, potential ACMA procedural practices, and other administrative details to the Radiocommunications Act and to ACMA processes, users must consult the current versions of those statutory and administrative sources for full operational detail. The Determination’s s 6 interpretive approach means references should be read as evolving with the law in force from time to time.

Because the instrument is short and self-contained, its amendment history is minimal: made under identified Act powers, commenced on registration, and repealed the 2015 Determination. Any future amendments would appear in the Federal Register of Legislation and would be governed by the statutory instrument process referenced in the Determination.

The Determination itself contains no litigation history, does not refer to any judicial or tribunal decisions, and does not cite cases. The text neither records challenges nor summarises any past disputes. The only legal references are to statutory provisions and prior subordinate instruments: the Radiocommunications Act 1992 (the Act), the Radiocommunications (Trading Rules for Spectrum Licences) Determination 2023 (not applying to Defence spectrum licences, see s 3 note), and the Radiocommunications (Trading Rules for Defence Spectrum Licences) Determination 2015, which is repealed (s 3 note; s 4).

What the Determination records about potential contestability

• Discretionary ACMA functions. The Determination creates ACMA discretions (permission under s 7(2), condition revocation under s 8). ACMA discretions are typically administrative decisions. The Determination does not specify review procedures or internal merits review rights in the instrument text. Any review or legal challenge to ACMA decisions under this Determination would therefore proceed under the administrative law framework and the Act’s appeal or review pathways, as applicable, but the Determination itself does not set out any judicial or tribunal history.

• Registration and legal effect. The Determination emphasises that assignment does not take effect until the Register is amended (s 7 note 2). Disputes about whether the Register was properly amended, or whether an assignment complied with the Determination, would therefore turn on administrative decisions recorded on the Register and on compliance with the Act and this Determination. The instrument does not record any litigated instances.

Absence of caselaw in the instrument

• No cases named or discussed. The Determination names no cases and does not summarise any tribunal or court rulings concerning Defence spectrum licences, ACMA decisions, or the earlier Determination it repealed. This absence means that the Determination functions purely as a statutory specification without embedded judicial interpretation.

Implication for practitioners

• Reliance on the Act and administrative law. Because the Determination supplies no litigation history and no interpretive precedent within its text, practitioners seeking to advise on contestability or likely judicial outcomes must consult the Radiocommunications Act, administrative law authorities, and any ACMA practice statements or published permissions. The Determination itself should be treated as establishing the framework and delegates the detailed procedural and enforcement architecture to the Act and to ACMA practice.

• Need to monitor ACMA publications. The ACMA may publish permissions under s 7(2) (note to s 7(2)). Any published permissions or decisions will create an administrative record that could be relevant in future disputes or judicial review. The Determination does not summarise any such publications because it is a new instrument replacing the 2015 Determination.

In sum, the instrument supplies no litigation history or case law, and it leaves any dispute-resolution pathways to the underlying statutory regime and administrative law, neither of which is set out in this Determination.

This Determination is short and focused, but its textual choices create a number of traps for practitioners and administrators if they are not attended to. Below are concrete pitfalls drawn strictly from the instrument’s text and notes.

STU is large and national, and it is the default tradable part. The STU is 1 GHz of bandwidth and the whole of Australia (s 5 definition of STU). That combines a very large bandwidth slice with a nationwide geographic extent, which is the minimum unit the Commonwealth may assign without ACMA permission (s 7(1)). A practitioner or procurement officer who assumes the Commonwealth can parcel out regional, state, or narrow-bandwidth rights without further approvals will be mistaken unless the ACMA has given written permission after a written Commonwealth request (s 7(2)). The Determination does not provide a formula for subdividing the STU by geography or bandwidth absent that permission.

Request and permission must be written and by specified parties. The exception in s 7(2) requires a written request by a Commonwealth officer representing the Defence Department, and the ACMA must give permission in writing (s 7(2)). Oral or informal approvals do not meet the instrument’s textual requirement. Also, the instrument ties the request to a Commonwealth officer representing the Defence Department; requests from other Commonwealth officers, or from private parties, do not meet the stated precondition in the text.

Assignments do not take legal effect until the Register is amended. The Determination reiterates that an assignment of a part does not take effect until the Register is amended to take it into account (s 7 note 2). That means administrative sequencing matters: parties should ensure the Register is properly updated to achieve legal transfer. An attempted transfer that is not recorded on the Register will not produce the legal effect the parties may intend.

Assigned parts cease to be Defence spectrum licences. Once part is assigned, that part ceases to be a Defence spectrum licence (s 7 note 3). That change in legal character can affect rights, conditions, and obligations that applied to Defence spectrum licences. Parties should not assume pre-assignment conditions or rules necessarily carry forward without checking whether conditions are revoked, varied, or remain in force under the Act and the instrument’s s 8 power.

ACMA may revoke conditions tied to Defence purpose. The ACMA may revoke a condition if it considers the condition was included because the licence was issued to the Commonwealth for Defence purposes, and this may occur where the Commonwealth assigns the whole or part of the licence (s 8). That means an assignee that expects certain Defence-related conditions to survive assignment may find those conditions removed, altering the commercial or technical constraints associated with the licence.

Minimal mandatory assignee information. The Determination requires the Commonwealth to give the ACMA the name and postal address of the assignee for s 86(1) purposes (s 9). The ACMA may require other information under s 86(1) of the Act (s 9 note). In practice, parties should not assume the name and postal address are sufficient for ACMA processing; additional data may be requested by the regulator.

ACMA may publish permissions. The ACMA may publish any permission it gives under s 7(2) (note to s 7(2)). Publication creates public visibility and may have commercial consequences. Parties requesting smaller-than-STU assignments should expect potential disclosure, and plan for confidentiality and commercial communications accordingly.

Repeal of the 2015 Determination may change prior practices. The instrument repeals the 2015 Determination (s 4). Entities relying on past practice under the 2015 instrument must review the 2025 Determination to see if new constraints or permissions apply; the text does not summarise differences but replaces the earlier instrument.

No procedural timelines in the Determination. The Determination does not set time limits for ACMA to respond to written requests for permission, nor does it prescribe the content of the ACMA’s consideration or reasons. Practitioners should not assume statutory timeframes or procedural steps exist within this instrument; they must consult the Act and ACMA’s processes.

Definition of Defence spectrum licence is purpose-linked. The instrument defines a Defence spectrum licence as one issued to the Commonwealth for the purposes or benefit of the Defence Department (s 5). That is narrower than “spectrum licence held by the Commonwealth” in that licences held for other Commonwealth purposes may sit outside this Determination. Misclassifying a licence’s purpose could lead to incorrect application of s 7’s STU rule.

References to other instruments are dynamic. Section 6 states references to other legislative instruments are to those instruments as in force from time to time (s 6). This means that if related legislative instruments or statutory provisions change, their application to this Determination may shift, and practitioners should track the state of referenced instruments at the time of any transaction.

In short, the main gotchas are: STU’s scale and national scope; the strict written-request-and-written-permission process; the centrality of Register amendment for legal effect; the ACMA’s power to revoke Defence-related conditions; minimal mandatory assignee disclosure but potential for ACMA to require more; publication risk; and the need to consult the Radiocommunications Act and ACMA practice for procedural detail not contained in the Determination.

Compliance under this Determination is primarily an administrative sequence involving the Defence Department’s accountable authority, the Commonwealth as licence holder, and the ACMA. The following steps, grounded in the Determination’s text, describe a practical compliance checklist and operational considerations for common transactions involving Defence spectrum licences.

1. Confirm licence status and purpose.

• Verify that the spectrum licence in question is a Defence spectrum licence as defined in the Determination, namely a spectrum licence issued to the Commonwealth for the purposes or benefit of the Defence Department (s 5). If the licence was issued to the Commonwealth for other purposes, this Determination may not apply.

2. Decision to assign: internal Commonwealth governance.

• Ensure the Defence Department’s accountable authority, or a delegate authorised under the PGPA Act, makes the decision to assign or otherwise deal with the Defence spectrum licence (s 5 note; s 7 note 1). Document the delegate’s authority and the internal decision-making record to demonstrate compliance with internal accountability obligations referenced by the Determination.

3. Determine the part to be assigned and STU compliance.

• If assigning a part, check whether the part is at least an STU: 1 GHz bandwidth and the whole of Australia (s 5 definition; s 7(1)). If the intended part meets or exceeds an STU, the assignment is permissible under s 7(1).

• If the intended part is smaller in bandwidth, geographic area, or both, proceed to step 4.

4. Written request to ACMA for smaller-than-STU assignment.

• Prepare a written request, submitted by a Commonwealth officer representing the Defence Department, asking for permission to assign a part that is smaller than an STU (s 7(2)). Ensure the request includes the specifics of the part to be assigned (bandwidth, geographic area) and any supporting information that will enable ACMA assessment, recognising the ACMA can require other information under subsection 86(1) of the Act (s 9 note).

• Retain records showing the request was made by an authorised Commonwealth officer, and the exact date and content of the request, because the Determination requires the request to be in writing and by a Commonwealth officer representing the Defence Department (s 7(2)).

5. Obtain ACMA written permission.

• Wait for the ACMA’s written permission under s 7(2) before proceeding with any assignment that is smaller than an STU. Do not rely on verbal assurances. Consider whether confidentiality concerns require negotiation with ACMA in advance of publication, noting ACMA may publish any permission given (s 7 note 2).

6. Prepare for Register amendment and information supply.

• For any assignment (whole or part), prepare to supply to the ACMA, for the purposes of subsection 86(1) of the Act, the name and postal address of the assignee (s 9). Anticipate that the ACMA may request additional information under s 86(1) of the Act (s 9 note), so collate necessary corporate, contact, and transactional documentation early.

• Remember that the assignment will not take legal effect until the Register is amended to record it (s 7 note 2). Coordinate timing so that assignment documents, ACMA permissions, and Register amendment align.

7. Anticipate ACMA revocation of Defence-related conditions.

• Recognise that where the Commonwealth assigns the whole or a part of a Defence spectrum licence, the ACMA may revoke licence conditions if it considers those conditions were included because the licence was issued to the Commonwealth for Defence purposes (s 8). Assess the commercial and technical consequences of potential condition revocation for the assignee and the transaction structure.

• Include contractual protections where relevant, for example adjustments to price or indemnities, to account for the possibility that Defence-tied licence conditions may be altered post-assignment. The Determination does not prescribe any mechanism for preserving or extending such conditions, so contractual allocation of risk is the practical tool.

8. Maintain records and prepare for publication.

• Keep comprehensive records of the written request, ACMA’s written permission (if any), the assignee information provided to ACMA, and any correspondence. Because ACMA may publish permissions given under s 7(2) (s 7 note 2), parties should plan for potential public disclosure and prepare communication strategies.

9. Check the Radiocommunications Act and ACMA guidance.

• The Determination references and relies on the Radiocommunications Act 1992 for registration mechanics and information powers (s 3; s 7 note 2; s 9 note). Consult the Act and current ACMA guidance or practice statements for procedural detail not in the Determination, such as timelines, formats for submission, and additional information the ACMA commonly requires.

10. Deal with repeal and transitional considerations.

• If operating under arrangements that referenced the 2015 Determination, confirm whether any transitional arrangements need to be re-negotiated under the 2025 Determination, given the 2015 instrument is repealed (s 4). The Determination contains no transitional rules, so treat the 2025 text as the operative regulatory instrument from commencement.

By following these steps, a Commonwealth decision-maker and a prospective assignee can align with the Determination’s written requirements: a written request by an authorised Commonwealth officer for sub-STU assignments, written ACMA permission, supply of assignee name and postal address for Register amendment, and preparedness for ACMA’s power to revoke Defence-related licence conditions after assignment (s 7(2); s 9; s 8). Administrative diligence is especially important because the instrument ties legal effect to Register amendment and imposes written-form requirements for the exception to the STU rule.