Radiocommunications (Trading Rules for Spectrum Licences) Determination 2023

This Determination builds on several defined technical and administrative concepts. The instrument itself defines or relies on the following core concepts and terms (s 5 and Schedule 1):

• Standard trading unit. A standard trading unit is the combination of a geographic area corresponding to a Level 1 cell and a part of the spectrum whose lower and upper frequency limits are integers in Hertz (s 5, definition). That ties trading granularity to both geography and frequency in precise, machine-readable ways. The frequency limits must be integer Hertz values; the geographical unit is a Level 1 cell in the Australian Spectrum Map Grid (the HCIS Level 1 cell).
• Australian Spectrum Map Grid and HCIS. The Australian Spectrum Map Grid 2012 is the grid system published by ACMA that overlays geographic areas with a hierarchical cell identification scheme (HCIS). The Determination uses HCIS identifiers to describe geographic areas and defines a Level 1 cell as a "five minute of arc square cell" identified by an HCIS identifier (s 5 definitions). The instrument notes the Grid is available from ACMA’s website.
• Frequency core condition. The instrument refers to the frequency core condition as used in paragraph 66(1)(a) of the Radiocommunications Act (s 5, definition of frequency core condition). The Determination interacts with how the Act specifies the part of spectrum authorised by a licence.
• Minimum contiguous bandwidth. Schedule 1 specifies the minimum contiguous bandwidth that a spectrum licence may specify in its frequency core condition, as a threshold below which assignments that would produce such a licence are disallowed without ACMA permission. The default minimum contiguous bandwidth is 5 MHz for most bands (Schedule 1(1)); two bands have higher minima: 3.4-3.8 GHz (10 MHz) and 25.1-27.5 GHz (50 MHz) (Schedule 1(2), table items 1 and 2).
• Trading Form. The Trading Form is the ACMA-approved form that parties must use to provide information under subsection 86(1) of the Act. The Determination requires ACMA to approve the form in writing and mandates minimum contents (s 8(1)-(2)).
• Interaction with other statutory regimes. The Determination explicitly cross-references other statutes and regulatory bodies: it requires inclusion of Competition and Consumer Act 2010 notified acquisition details in the Trading Form where relevant (s 8(2)(g)); it makes application fees payable under section 60 of the Australian Communications and Media Authority Act 2005 where ACMA imposes a charge for permission applications (s 10(2)(c)); and it provides for extension of decision periods while the ACCC is considering a notified acquisition (s 10(14)).

Two drafting conventions are also important for interpretation:

• Inclusion rule for parts of spectrum. The Determination specifies that a reference to a part of the spectrum includes frequencies greater than but not including the lower frequency up to and including the higher frequency (s 5(2)). That affects whether an assignment's bounds capture edge frequencies.
• Whole-standard-trading-unit requirement. Any part assignment must be for one or more whole standard trading units (s 9(1)), meaning splitting a single standard trading unit is disallowed.

These concepts fix a discrete spatial-frequency lattice for trading, set minimum contiguous-frequency thresholds to prevent granular fragmentation under specified band rules, and embed administrative data and permission processes into transfer mechanics.

The Determination affects multiple stakeholders in the spectrum market; the roles and obligations are allocated plainly in the text.

• Licensees. Primary obligations fall on current spectrum licence holders (licensees). They must observe the trading unit rules: assign parts only as whole standard trading units (s 9(1)), not create resulting licences with frequency parts below the minimum contiguous bandwidth unless ACMA permission is granted (s 9(2)-(3)), and not assign a licence, or a part, as security for a loan (s 9(4)). Licensees who wish to proceed with an assignment must give the ACMA a copy of the Trading Form containing the required information (s 8(3)). If a licensee wants to assign a part that would leave a residual licence with too-narrow spectrum, they must apply to ACMA for permission under s 10.
• Assignees. Assignees receive the licence or part and are recorded in the Trading Form (s 8(2)(c)-(d)). Where a whole licence or part is assigned, the Trading Form must include for each radiocommunications device to be operated under that licence any new certificate issued by an accredited person under subsection 145(3) of the Act (s 8(2)(e)-(f)). Failure to supply such certificates permits ACMA to refuse to include transmitter details in the Register (note to s 8).
• ACMA. The Australian Communications and Media Authority is the decision-maker for approving the Trading Form (s 8(1)), receiving Trading Forms (s 8(3)), granting or refusing permission for assignments creating sub-minimum contiguous licences (s 10(5)-(6)), and setting and approving forms, manners of application and charges where permitted (s 10(2)-(4)). ACMA also has the ongoing function of maintaining the Register and may refuse to register transmitter details where certificates from accredited persons are not provided (note to s 8).
• ACCC and notified acquisitions. Where an assignment is a notified acquisition under the Competition and Consumer Act 2010, the Trading Form must collect details of the notified acquisition (s 8(2)(g)). The Determination pauses (does not count) days in ACMA’s statutory decision timelines while ACCC is considering the notified acquisition and the notification has not been finally considered (s 10(14)). Thus, parties involved in company acquisitions, mergers or asset transfers that trigger ACCC notification require coordination with both ACMA and ACCC timetables.
• Department of Defence. The Determination explicitly excludes from its application any assignment of a spectrum licence that immediately before assignment is issued to the Department of Defence and specifies, in its frequency core condition, a part of the spectrum in either 20.2-21.2 GHz or 30-31 GHz (s 7). Those particular Defence licences are outside the Determination’s scope.
• Accredited persons. Certificates issued under subsection 145(3) of the Radiocommunications Act by accredited persons relating to the registration of radiocommunications devices are required to be supplied on assignment in certain circumstances (s 8(2)(e)-(f)). Accredited persons therefore remain part of the registration and transfer chain.
• ART. The Determination provides a merits review pathway: if ACMA affirms a refusal on reconsideration, the licensee may apply to the ART for review of that decision (s 10(13)). The presence of that review route affects the remedies available to licensees and the risk profile for ACMA decisions.

Who pays and who decides. Licensees (and assignees where parties agree) must prepare and lodge Trading Forms and can be charged an application fee determined under s 60 of the Australian Communications and Media Authority Act 2005 when seeking ACMA permission to make an assignment that would produce a sub-minimum contiguous bandwidth licence (s 10(2)(c)). ACMA decides on form approval, management of the Register, and permission applications (ss 8, 10). The ACCC can affect ACMA decision timelines where a notified acquisition exists (s 10(14)).

The Determination therefore reallocates transaction costs and administrative interaction among licensees, assignees, ACMA and,where relevant,the ACCC, and embeds accredited persons and the ART into the transfer and review architecture.

The instrument creates a set of affirmative duties for licensees and the ACMA, specifies rights to seek administrative permissions and review decisions, and creates procedural obligations for data provision. The principal duties and rights are as follows, with direct citations:

Duties on ACMA

• Approve a Trading Form in writing that complies with s 8(2) (s 8(1)). ACMA may approve forms and manners of application for permission in the s 10 process (s 10(3)-(4)).
• Decide whether to grant permission for an assignment that would result in a licence specifying less than the minimum contiguous bandwidth within prescribed timeframes (s 10(5), (6), (7)).
• Provide written notices of decisions and reasons, and advise of rights to seek reconsideration or review within 14 days of the decision (s 10(8), (12)). Where ACMA refuses permission it must explain reasons and the licensee’s right to seek reconsideration (s 10(8)).

Duties on licensees and parties to assignments

• Use an ACMA-approved Trading Form and provide specified information: licence number, whether whole or part assignment, assignee name and postal address, and a description of standard trading units for parts assigned and parts remaining (s 8(2)(a)-(d)). If whole or part assigned, supply new certificates for each radiocommunications device to be operated under the relevant licence or part as issued by an accredited person under subsection 145(3) of the Act (s 8(2)(e)-(f)). If the assignment is a notified acquisition, supply ACCC notification details specified in s 8(2)(g).
• Give ACMA a copy of the Trading Form with the required information (s 8(3)). ACMA retains statutory power to require additional information under subsection 86(1) of the Act (note to s 8).
• Ensure assignments of parts are for one or more whole standard trading units (s 9(1)).
• Avoid making assignments that would leave a licence specifying a frequency part less than the minimum contiguous bandwidth applicable to the band, unless ACMA permission has been obtained (s 9(2)-(3)).
• Do not use a licence, or part of a licence, as security for a loan (s 9(4)). That is an absolute prohibition in the Determination.

Rights under the Determination

• Right to apply for permission. A licensee may apply to ACMA for permission to assign a part of a licence where the assignment would result in a licence specifying less than the minimum contiguous bandwidth (s 10(1)). Applications must comply with ACMA-approved form and manner and be accompanied by any ACMA-determined charge under s 60 of the ACMA Act (s 10(2)).
• Procedural rights in the permission process. ACMA must decide an application within 90 days unless the parties agree to a longer period (s 10(5)). If ACMA grants permission it must specify a period within which the assignment is to occur; that period must be no shorter than 45 days and no longer than 90 days (s 10(6)-(7)). ACMA must notify decisions and reasons within 14 days (s 10(8)).
• Reconsideration and merits review. A licensee may seek reconsideration in writing of a refusal within 30 days (s 10(9)-(10)); ACMA must reconsider within 90 days and notify within 14 days of that reconsideration outcome (s 10(11)-(12)). If ACMA affirms the original decision at reconsideration, the licensee may apply to the ART for review (s 10(13)).

Administrative interfaces and conditioning rights

• ACMA may require that device registration certificates be provided, and may refuse to include transmitter details in the Register where such certificates are not provided, in accordance with subsections 145(1) and (3) of the Act (note to s 8). The Determination therefore links assignment registration to compliance with the Act’s device registration scheme.
• ACMA may impose a charge for an application for permission under s 10, via the charging provision in the Australian Communications and Media Authority Act 2005, s 60 (s 10(2)(c)). That is a cost-right for ACMA to recover processing costs if invoked.

Procedural timing and extensions

• Decision timing is prescribed, with potential for extension by agreement or suspension of counting of days while the ACCC considers a notified acquisition (s 10(5), (7), (14)). The 14‑day notice windows on ACMA decisions are mandatory (s 10(8), (12)).

Rights absent from the instrument

• The Determination does not itself prescribe civil or criminal penalties for non-compliance; rather it sets administrative prohibitions and links to ACMA’s registration powers and the Act’s wider compliance framework (see notes to s 8). Any statutory penalties for contraventions would be located in the Radiocommunications Act or other legislation, not in this instrument.

Collectively the duties and rights channel trading activity into a regulated grid (standard trading units), make transfer data transparent to ACMA, restrict spectral fragmentation by minimum contiguous bandwidth rules, and supply a defined administrative path for exceptions plus internal and merits review.

The Determination sets prohibitions, administrative controls, and a decision-and-review architecture, but it does not itself set out criminal or civil penalty amounts. Enforcement of the Determination’s rules therefore operates through administrative mechanisms provided in the Radiocommunications Act 1992 and the ACMA’s statutory functions.

Available enforcement and compliance levers in the Determination and linked statutory provisions include:

• Registration refusal and administrative non‑recognition. The Determination requires accredited-person certificates for device registration to be supplied with an assignment (s 8(2)(e)-(f)). The instrument’s note expressly records that if such a certificate is not provided ACMA may refuse to include transmitter details in the Register under subsections 145(1) and (3) of the Act (note to s 8). This is an operational enforcement tool that can prevent a party from being recorded as operating transmitters under the licence.
• Permission process and refusal. If a licensee proposes an assignment that would give rise to a licence with frequency part smaller than the minimum contiguous bandwidth, ACMA may refuse permission under s 10(6)(b). Refusal has consequences for the commercial transaction: without permission the assignment would contravene s 9(2) and so could not lawfully proceed. ACMA must give reasons and the licensee has procedural options to seek reconsideration and ART review (s 10(8)-(13)).
• Administrative conditions and charges. ACMA may attach conditions to permission (implicitly by granting permission within a period and possibly by setting application requirements and fees), and may require forms and manners of application for permissions (s 10(2)-(4)). Failure to pay any charge determined under s 60 of the Australian Communications and Media Authority Act 2005 as a condition of processing a permission application may prevent the application being accepted.
• Prohibition on using licences or parts as security. Section 9(4) expressly prohibits assignment of a licence or part as security for a loan. That prohibition means security arrangements transferring legal title or creating an assignment in substance would contravene the Determination, exposing arrangements to legal invalidation and administrative consequences if ACMA chooses to act or if parties cannot complete a mortgage or charge registration in a way consistent with the Determination.
• Administrative review. Decisions to refuse permission can be reconsidered by the ACMA on written application (s 10(9)-(11)); if ACMA affirms at reconsideration the licensee may seek review by the ART (s 10(13)). Those review pathways constrain ACMA’s decision-making and create remedies short of judicial proceedings.

What this instrument does not contain

• No monetary penalties or express offences. The Determination does not itself prescribe fines, sanctions, or criminal offences for contraventions. Enforcement therefore rests on the ACMA’s existing statutory enforcement powers under the Radiocommunications Act and administrative measures like refusal to register transmitters, as reflected in the note attached to s 8 and the decision-and-review provisions in s 10.
• No private-rights enforcement mechanics. The Determination does not confer a private right of action to third parties to seek injunctions or damages for non‑compliance; any civil remedies would derive from other laws or contractual arrangements, not from this instrument.

Practical enforcement implications

• The most direct immediate regulatory sanction that the Determination enables is ACMA’s refusal to register transmitters or to approve assignments (via permission refusals). That can render a transfer commercially or operationally ineffective because an assignee would be unable to lawfully operate transmitters under the licence if registration details are excluded from the Register.
• The prohibition on using licences as security means lenders and borrowers must structure financings without assignments or risk non‑recognition by ACMA; that shifts enforcement of the prohibition into commercial negotiation, contracting and potentially the courts if disputes arise.

In sum, enforcement under the Determination is administrative in character: ACMA’s registration and permission powers, coupled with reconsideration and merits review routes, are the primary mechanisms by which compliance is secured. The instrument relies on the broader Radiocommunications Act and ACMA’s statutory toolkit for further enforcement measures.

The Determination is explicitly drafted to operate alongside, and to reference, multiple other statutes and administrative instruments. The text itself names specific interactions. Key statutory and regulatory interfaces are:

• Radiocommunications Act 1992. The Determination is made under subsection 88(1) of the Act (s 3). It uses Act-defined expressions (s 5 note) and interacts with schema in the Act, notably: subsection 86(1) of the Act (provision of information about assignments), paragraph 66(1)(a) (the frequency core condition definition referenced in s 5), and subsection 145(3) (certificates issued by accredited persons relating to Register entries) which the Trading Form requires in certain transfers (s 8(2)(e)-(f), note to s 8). The Determination therefore operates as a legislative instrument within the Act’s assignment and registration framework; it does not supplant Act provisions but prescribes details for their operation.
• Australian Communications and Media Authority Act 2005. The Determination allows ACMA to require applicants for permission to pay a charge determined under section 60 of the ACMA Act (s 10(2)(c)). This ties ACMA’s charging power to the cost-recovery of permission-processing under the Determination.
• Competition and Consumer Act 2010 (including ACCC processes). The Determination both requires Trading Forms to capture notified-acquisition information where the assignment is a notified acquisition under the CCA (s 8(2)(g)) and suspends counting of days in ACMA’s decision periods when the ACCC is considering a notified acquisition and has not finally considered it (s 10(14)). The instrument mentions specific ACCC concepts such as "effective notification date" and "end of the determination period" and references section 51ABZD of the CCA (s 10(14)(c)(ii)), thereby embedding ACCC review timelines into ACMA’s procedural calendar.
• Acts Interpretation Act 1901 and Legislation Act 2003. The Determination relies on standard interpretive rules; s 6 of the Determination states references to other legislative instruments are to be read as in force from time to time (s 6). Notes in the instrument also refer to section 10 of the Acts Interpretation Act 1901 and subsection 13(1) of the Legislation Act 2003 for references to Commonwealth Acts (s 6 notes). These references set the interpretive context for cross‑instrument references and for reading definitions from the Act into the Determination.
• Register requirements and accredited persons. The Determination links trading and assignments directly to device registration under the Register in the Radiocommunications Act through the requirement for certificates issued by accredited persons under subsection 145(3) (s 8(2)(e)-(f) and associated note).

Practical cross‑regulatory consequences

• Merger-control interface: Where an assignment is a notified acquisition, the ACCC’s processes can pause ACMA decision timeframes (s 10(14)). Parties in M&A transactions must coordinate ACMA filings and timelines with ACCC notification and clearance timing. The Trading Form explicitly requires the inclusion of ACCC notification details (s 8(2)(g)), which integrates the two regulators’ information bases.
• Cost recovery and fees: ACMA may charge for permission applications via the charging provision in the ACMA Act (s 10(2)(c)). Parties must budget for that potential cost.
• Registration dependency: Because ACMA can refuse to register transmitter details where accredited-person certificates are missing (note to s 8), assignments are operationally dependent on compliance with the Radiocommunications Act’s device-registration regime. That may affect transaction closings and completion mechanics, making device certification a closing condition in transfer agreements.
• Exclusions for Defence: The Determination explicitly excludes certain Defence licences (s 7), which preserves Defence subject-matter control under the Act and avoids overlap or interference with Defence arrangements for those bands.

The Determination therefore does not operate in isolation. It embeds ACMA’s charging and administrative functions, dovetails with ACCC merger-control processes, and depends on existing device-registration provisions in the Radiocommunications Act. Parties planning assignments should model interactions with these regimes, and structure timing and documentation to reflect the interplay.

The compilation’s endnotes record the instrument’s legislative history and subsequent amendment. Key dates and amending instruments are contained in Endnote 3 and Endnote 4 of the compilation.

• Original Determination. Radiocommunications (Trading Rules for Spectrum Licences) Determination 2023 was registered on 17 February 2023 and commenced on 18 February 2023 (Endnote 3: "Radiocommunications (Trading Rules for Spectrum Licences) Determination 2023 | 17 February 2023 ... Commencement 18 February 2023").
• Amendment Determination 2025 (No. 1). An amending instrument titled Radiocommunications (Trading Rules for Spectrum Licences) Amendment Determination 2025 (No. 1) was registered on 19 December 2025 and commenced on 20 December 2025 (Endnote 3: "Radiocommunications (Trading Rules for Spectrum Licences) Amendment Determination 2025 (No. 1) | 19 December 2025 ... Commencement 20 December 2025").

Endnote 4 provides a provision-level amendment record indicating which sections were amended or added and the identifiers of the amending instruments:

• Section 5 (interpretation) was amended by F2025L01621 (Endnote 4: "s.5.................... am. F2025L01621").
• Section 8(2)(g) was added by F2025L06121 (Endnote 4: "s.8(2)(g)................ ad. F2025L06121"). That aligns with the inclusion in the instrument of requirements to supply Competition and Consumer Act notified-acquisition details in Trading Forms (s 8(2)(g)).
• Section 10(13) (the right to seek ART review after reconsideration affirms refusal) was amended by F2025L01621 (Endnote 4: "s.10(13)................ am. F2025L01621").
• Section 10(14) (extension/suspension of decision periods where ACCC is considering a notified acquisition) was added by F2025L06121 (Endnote 4: "s.10(14)................ ad. F2025L06121").
• The endnote also reports that s.2 and s.4 were repealed by references to LA (Legislation Act) provisions (s.2 rep. LA 48D; s.4 rep. LA 48C), reflecting editorial or structural changes noted in the amendment history table.

The compilation also contains standard editorial notes about uncommenced amendments and modifications: the compilation shows the law as in force on 20 December 2025 and does not display the effect of uncommenced amendments (Compilation notes). The amendment history as shown is administrative and records the insertion of the CCA-notification collection and the ACCC-related timing suspension at s 10(14), and clarifies that interpretation (s 5) and procedural review (s 10(13)) text were altered.

Users should consult the Register for the full amending instruments (F2025L01621 and F2025L06121 as cited in the endnotes) for exact amendment language and commencement particulars if required. The compilation notes indicate the endnotes contain the authoritative amendment history references.

The Determination itself contains no references to judicial decisions or litigation, and the compilation’s endnotes do not list any litigation involving the instrument. The instrument records administrative decision-making pathways (reconsideration by ACMA and merits review by the ART for certain decisions under s 10(13)), but does not cite or incorporate judicial rulings.

What the Determination does provide on review and disputes:

• Merits review pathway. If ACMA, after reconsideration, affirms a refusal to grant permission for an assignment that would create a licence with less than the minimum contiguous bandwidth, the licensee may apply to the ART for review of that decision (s 10(13)). That statutory route creates a forum for merits review of ACMA’s administrative decision but the instrument does not record any decisions or case law arising from such reviews.
• Reconsideration mechanism. Before ART review, a licensee may apply for ACMA reconsideration of a refusal within 30 days of notice of the original decision (s 10(9)-(11)). These internal rights are administrative rather than judicial.

Absent case citations in the instrument, there is no litigation history embedded in the Determination’s text or endnotes. Practitioners should note, however, that the Determination establishes reviewable decision points that could generate litigation or tribunal proceedings in practice:

• ACMA permissions and refusals under s 10 involve discretionary administrative decisions that are subject to merits review in the ART (s 10(13)), and could be subject to judicial review in the federal courts on standard public law grounds if a party alleges jurisdictional error or other reviewable legal error. The instrument itself does not create that judicial pathway, but the Act and federal judicial review principles would be relevant in any such challenge.
• The connection to ACCC notified acquisitions and suspension of ACMA decision-period counting (s 10(14)) could lead to disputes about whether a day should be excluded from the ACMA clock where ACCC procedures are invoked. Those disputes could be raised in tribunal or court proceedings depending on circumstances.

Because the Determination contains no catalogue of decisions or named cases, practitioners seeking litigation history must look beyond the instrument to ART decisions, ACMA published decisions, and any federal court reports where the Determination’s application or ACMA’s exercise of power under it has been litigated.

The Determination is precise in language but several practical, timing and drafting features create commercial and compliance risk areas that parties should anticipate. These “gotchas” are grounded in the instrument’s provisions:

• Granularity of geographic cells (Level 1 cells). The standard trading unit requires a geographic area corresponding to a Level 1 cell (s 5). A Level 1 cell is a five minute of arc square cell in the Australian Spectrum Map Grid. That cell size may not align with commercially intuitive municipal or service areas; parties must map their intended geographic coverage to HCIS identifiers and cannot subdivide within a Level 1 cell because assignments of parts must be in whole standard trading units (s 9(1)). Failure to use HCIS identifiers correctly risks rejected Trading Forms or inaccurate Register entries.
• Frequency bounds must be integer Hertz values. The definition of standard trading unit requires that the lower and upper limits of the part of spectrum are integers when described in Hertz (s 5). Parties proposing assignments that specify fractional Hertz or non-integer bounds must convert to integer Hertz or risk noncompliance with the form requirements.
• Edge inclusion rule. The instrument specifies that a reference to a part of the spectrum includes frequencies greater than but not including the lower frequency, up to and including the higher frequency (s 5(2)). That drafting detail matters where adjacent parts abut: the lower frequency of a part is excluded and the higher frequency included. Transaction documents must reflect that inclusion/exclusion logic to avoid overlapping rights or gaps.
• Minimum contiguous bandwidth thresholds vary by band. Default is 5 MHz, but Schedule 1 sets 10 MHz for 3400-3800 MHz and 50 MHz for 25100-27500 MHz (Schedule 1). Parties that accept very narrow slices of spectrum may inadvertently create residual licences below the minimum contiguous bandwidth and therefore trigger the permission requirement in s 10. Transaction planners must check the relevant band’s minimum.
• Permission timelines and the ACCC stop-clock. ACMA must generally decide permission applications within 90 days (s 10(5)) and, if granting permission, specify a completion period of between 45 and 90 days (s 10(6)-(7)). However, where the assignment is a notified acquisition, days on which the ACCC is considering the notification are not to be counted (s 10(14)). Practically, ACMA’s clock can be paused for an indeterminate period while ACCC proceedings are ongoing, so parties should account for ACCC timing in deal schedules and consider ACCC interaction in acquisition documents. The Trading Form must also include detailed ACCC notification data (s 8(2)(g)), which parties must obtain and provide.
• ACMA discretion over forms, manners and charges. ACMA may approve forms and manner of application for permission and may charge under s 60 of the ACMA Act (s 10(2)-(4)). Where ACMA imposes a fee, failure to pay may prejudice acceptance of an application; ACMA may also adopt administrative forms that require particular formatting or electronic submission modalities. Parties should obtain ACMA guidance early and confirm any fees payable.
• Device registration certificates from accredited persons. If a device is to be operated under the assigned licence or part, the Trading Form requires inclusion of a new certificate issued by an accredited person under subsection 145(3) of the Act (s 8(2)(e)-(f)). ACMA may refuse to include transmitter details in the Register where such certificates are not provided (note to s 8). That makes accredited-person certificates likely closing conditions and may cause last-mile delays.
• Prohibition on assignment as security. Section 9(4) forbids assigning a licence or part as security for a loan. Lenders used to taking security over licences or other regulatory rights must consider alternative security structures, such as security over shares, contractual rights, or other assets. Using a transfer document that purports to create a security interest by assignment risks being unenforceable or exposing the parties to administrative consequences.
• Transitional Trading Form. The Determination provides that an earlier ACMA-approved form remains a Trading Form until ACMA publishes a new approved form (s 8(4)). Parties should confirm whether the old form remains in force at the time of their transaction and whether ACMA has published an updated form; relying on out-of-date form versions risks rejection or delay.
• No express penalty schedule in the instrument. Because the Determination does not establish monetary penalties for non-compliance, the result of contravention is administrative (e.g., refusal to register). Parties must therefore consider both regulatory and contractual remedies in the event of non-compliance; absence of explicit fines does not eliminate legal risk, particularly where device registration is withheld.

These drafting features and administrative interactions can cause transactional timing mismatches, unexpected costs, or operational inability to use transferred licences post-closing if not managed. Early engagement with ACMA, mapping geographic HCIS identifiers accurately, confirming accredited-person certificates, and coordinating with ACCC filings (where relevant) mitigate these practical risks.

To comply with this Determination when assigning a spectrum licence (in whole or in part), parties should adopt a checklist approach that maps statutory requirements to transaction steps. The mandatory and practical steps below are grounded in the instrument’s text and notes.

1. Confirm applicability and exclusions

• Check whether the licence is covered by the Determination. The Determination applies to assignments of spectrum licences except those immediately before assignment issued to the Department of Defence and specifying parts of spectrum in 20.2-21.2 GHz or 30-31 GHz (s 7). If the licence falls into that Defence exclusion, this Determination’s provisions do not apply.

2. Map the geographic component to Level 1 HCIS cells

• Identify Level 1 cells for the geographic area(s) to be assigned. The standard trading unit requires a geographic area corresponding to a Level 1 cell (s 5). Use the Australian Spectrum Map Grid and HCIS identifiers (the Grid is available free from ACMA, note to s 5).
• Do not subdivide a Level 1 cell for part assignments; parts must be for whole standard trading units (s 9(1)).

3. Determine the spectral component and verify integer-Hertz bounds

• Define the part of the spectrum to be assigned with integer Hertz lower and upper limits, because the standard trading unit requires integer Hertz bounds (s 5).
• Apply the inclusion rule for spectrum parts: frequencies greater than but not including the lower frequency, up to and including the higher frequency (s 5(2)) when drafting contractual frequency boundaries.

4. Check minimum contiguous bandwidth thresholds

• Consult Schedule 1 to confirm the minimum contiguous bandwidth for the relevant frequency band. Default is 5 MHz (Schedule 1(1)); special cases: 3400-3800 MHz = 10 MHz; 25100-27500 MHz = 50 MHz (Schedule 1(2), table). Ensure the assignment will not produce a licence that specifies a frequency part less than the applicable minimum, unless seeking ACMA permission.

5. Structure the assignment to whole standard trading units

• Ensure the part of a licence being assigned consists of one or more whole standard trading units combining the Level 1 cell(s) and integer-Hertz frequency parts (s 9(1)). Where assigning the whole licence, note separate device-certificate obligations in step 7.

6. Avoid assignment as security

• Do not structure the transaction so the licence or part is effectively assigned as security for a loan; s 9(4) prohibits assignment as security. If financing is required, structure security over other assets or take contractual protections that do not involve assignment of the licence.

7. Prepare device registration evidence

• For each radiocommunications device to be operated under the assigned licence (or under the part retained), obtain new certificates issued by an accredited person under subsection 145(3) of the Act, and include them in the Trading Form as required (s 8(2)(e)-(f)). Verify timing for accredited-person certification as ACMA may refuse to include transmitter details in the Register if certificates are missing (note to s 8).

8. Complete and lodge the Trading Form

• Use the Trading Form approved in writing by ACMA (s 8(1)). The form must include the licence number, whether the assignment is whole or part, assignee name and postal address, and descriptions of the standard trading units being assigned and those retained (s 8(2)(a)-(d)). If the assignment is a notified acquisition under the Competition and Consumer Act, include the ACCC information specified in s 8(2)(g).
• If ACMA has not yet published an updated Trading Form, the old ACMA-approved form remains a Trading Form until ACMA publishes a new form (s 8(4)). Check ACMA’s website to confirm which form is current.

9. If the assignment would create a licence below the minimum contiguous bandwidth, apply for permission

• Lodge an application in writing to ACMA under s 10(1), using any ACMA-approved form and manner and paying any ACMA-determined charge under s 60 of the ACMA Act where applicable (s 10(2)). Early contact with ACMA is advisable to confirm any forms, application manner and fees.
• Expect ACMA to decide within 90 days (s 10(5)), unless you agree with ACMA to a longer period. If ACMA grants permission, it will specify a period between 45 and 90 days within which the assignment may occur (s 10(6)-(7)).
• Where the assignment is a notified acquisition, factor in ACCC timing because days during which ACCC is considering the notification are not counted for ACMA’s decision timelines (s 10(14)). Provide ACCC notification details on the Trading Form (s 8(2)(g)).

10. Manage reconsideration and review rights

• If ACMA refuses permission, expect written reasons within 14 days of decision (s 10(8)). You may apply for ACMA reconsideration within 30 days (s 10(9)-(10)); ACMA must reconsider within 90 days and notify within 14 days (s 10(11)-(12)).
• If ACMA reaffirms its refusal, you may apply to the ART for merits review (s 10(13)). Factor the potential for ART review into transaction risk allocation and closing conditions.

11. Synchronise closing with Register entries

• Because ACMA may refuse to register transmitter details where accredited-person certificates are missing (note to s 8), make device certification a pre-closing or closing deliverable rather than a post-closing obligation if operation of transmitters is essential to the transaction.

12. Document warranties, indemnities and completion mechanics

• Use contractual protections to account for the Determination’s risks: warranties as to compliance with the standard trading unit requirements and minimum contiguous bandwidth, indemnities for failure to obtain ACMA permission or for refusal to include transmitters in the Register, and clear allocation of costs and delays arising from ACCC involvement.

13. Early regulator engagement

• Engage ACMA early in the deal process to confirm which forms and formats it requires, any charges to be invoiced under s 60 of the ACMA Act, and to clarify timeframes. Where an assignment also triggers ACCC notification, coordinate ACCC engagement and advise ACMA of the ACCC effective notification date and determination period details required by s 8(2)(g).

14. Record-keeping and evidence

• Keep contemporaneous records demonstrating that assignments are structured as whole standard trading units, that frequency bounds are integer Hertz, that device certificates have been obtained from accredited persons, and that Trading Forms (including any ACCC-notified-acquisition details) have been lodged with ACMA.

Following these steps aligns commercial transaction processes with the Determination’s mandatory requirements and its interaction points with ACMA and the ACCC. Early planning, regulatory engagement, and clear contractual allocation of regulatory risks reduce the likelihood of transaction failure or post-closing operational difficulties.