850/900 MHz band means the following parts of the spectrum:
(a) 859 MHz to 869 MHz;
(b) 935 MHz to 960 MHz.
1800 MHz band means the part of the spectrum from 1805 MHz to 1880 MHz.
2.1 GHz band means the part of the spectrum from 2110 MHz to 2170 MHz.
3.4 GHz to 4 GHz band means the part of the spectrum from 3.4 GHz to 4 GHz.
ACMA means the Australian Communications and Media Authority.
Act means the Radiocommunications (Transmitter Licence Tax) Act 1983.
Note: Section 3 of the Act provides that the Radiocommunications Taxes Collection Act 1983 is incorporated and shall be read as one with the Act.
aeronautical assigned system station has the same meaning as in:
(a) the Radiocommunications Licence Conditions (Aeronautical Licence) Determination 2015; or
(b) if a later determination replaces that instrument and defines the expression – that later determination.
Note: The Radiocommunications Licence Conditions (Aeronautical Licence) Determination 2015 is a legislative instrument and is available, free of charge, from the Federal Register of Legislation at www.legislation.gov.au.
AM band means the part of the spectrum from 525 kHz to 1606.5 kHz.
ASMG means the Australian Spectrum Map Grid 2012, published by the ACMA on its website.
Note: The ASMG is available, free of charge, on the ACMA’s website at www.acma.gov.au.
associated with a commercial broadcasting licence: see subsection (2).
Australia has the same meaning as in the Radiocommunications Act 1992.
Note: The ACMA maintains a map of what constitutes Australia under the Radiocommunications Act 1992. The map is available, free of charge, on the ACMA’s website at www.acma.gov.au. It is located with the Register of Radiocommunications Licences on that website.
Australian Map Grid means the map projection based on the Australian geodetic datum defined in Gazette No. 84 of 6 October 1966 at page 4984.
Note 1: Gazette No. 84 is available, free of charge, from the Federal Register of Legislation at www.legislation.gov.au. The Australian geodetic datum defined in that Gazette is known as AGD66.
Note 2: For more information about the Australian Map Grid, see the website of the Intergovernmental Committee on Surveying and Mapping at www.icsm.gov.au.
Australian waters means the offshore areas in respect of the States and Territories.
base station means a station established at a fixed location specified in a licence.
CDMA technology means radiocommunications technology that uses code-division multiple access.
density type for a spectrum access: see Schedule 3.
eligible person: see subsection (3).
fixed licence (point to multipoint system) has the meaning given by:
(a) the Radiocommunications Licence Conditions (Fixed Licence) Determination 2025; or
(b) if a later instrument replaces that determination and defines the term – the later instrument.
fixed licence (point to multipoint system – 3.4 GHz band) means a fixed licence (point to multipoint system) that authorises the operation of a radiocommunications transmitter in either or both of the following frequency bands:
(a) 3400 MHz to 3475 MHz;
(b) 3950 MHz to 4000 MHz.
FM band means the part of the spectrum from 87.5 MHz to 108 MHz.
harmonised government spectrum area licence means a land mobile licence that authorises a person to operate a radiocommunications transmitter both:
(a) in:
(i) every part of one State (other than Western Australia) or one internal Territory; or
(ii) every part of Western Australia, or every part of Western Australia other than the RQZ; and
(b) on every frequency in one or more of the following frequency bands:
(i) 412.46875 MHz to 413.43125 MHz;
(ii) 414.46875 MHz to 415.44375 MHz;
(iii) 415.44375 MHz to 415.56875 MHz;
(iv) 418.49375 MHz to 420 MHz;
(v) 420 MHz to 420.8 MHz;
(vi) 421.2 MHz to 424.8 MHz;
(vii) 426 MHz to 426.4 MHz;
(viii) 467.50625 MHz to 469.9875 MHz.
HCIS area for a Part 9 licence means the area that comprises:
(a) if the licence specifies one or more Level 1 HCIS blocks that are within one Level 2 HCIS block – that Level 2 HCIS block;
(b) if the licence specifies 2 or more Level 1 HCIS blocks, and there are 2 or more Level 2 HCIS blocks within which those Level 1 HCIS blocks are located – those Level 2 HCIS blocks;
(c) if the licence does not specify any Level 1 HCIS blocks – each Level 2 HCIS block within which a radiocommunications transmitter authorised by the licence is either:
(i) located; or
(ii) permitted to be located.
Note 1: A Part 9 licence will generally, in the licence conditions, specify the Level 1 or Level 2 HCIS blocks within which operation of a radiocommunications transmitter is authorised.
Note 2: If none of paragraphs (a), (b) or (c) is capable of applying to a Part 9 licence, there is no HCIS area for the Part 9 licence. This may be the case for a small number of Part 9 licences which authorise the operation of radiocommunications transmitters outside the area covered by the ASMG, but which are part of Australia (such as some parts of the Torres Strait).
Note: Example for paragraph (b): If a Part 9 licence specifies the Level 1 HCIS blocks BV4D7, BV4D8, BV4D9, BV4H1, BV4H2 and BV4H3, then the HCIS area for the Part 9 licence is the area that comprises the Level 2 HCIS blocks BV4D and BV4H.
HCIS block means:
(a) a Level 1 HCIS block; or
(b) a grouping of Level 1 HCIS blocks, identified by a unique HCIS identifier.
Note: In the ASMG, HCIS blocks are identified by the terms HCIS Levels 1, 2, 3 and 4.
HCIS cell means a division of a Level 1 HCIS block, identified by a unique HCIS identifier.
Note: In the ASMG, HCIS cells are identified by the terms HCIS Levels 0 and 00.
HCIS identifier means an identifier used in the ASMG to identify a geographic area consisting of an HCIS block or an HCIS cell.
Level 1 HCIS block means a five minute of arc square cell in the ASMG, identified by a unique HCIS identifier.
Note: In the ASMG, Level 1 HCIS blocks are identified by the term HCIS Level 1.
Level 2 HCIS block means an HCIS block that is identified as a Level 2 block in the ASMG.
Note: In the ASMG, a Level 2 HCIS block is made up of 9 Level 1 HCIS blocks, in a 3 x 3 square.
licence means a transmitter licence, other than a transmitter licence that is associated with a commercial broadcasting licence.
Note: The Act does not impose tax on a transmitter licence that is associated with a commercial broadcasting licence. The Commercial Broadcasting (Tax) Act 2017 may impose tax in relation to such a licence.
licence area plan means a licence area plan prepared under subsection 26(1) or (1B) of the Broadcasting Services Act 1992.
licence period, for a licence, means the period:
(a) commencing when the licence comes into force, or is taken to have come into force; and
(b) ending at:
(i) if the licence was issued under section 102 of the Radiocommunications Act 1992 – the time the licence ceases to be in force in accordance with subsection 103(4A) of the Radiocommunications Act 1992;
(ii) otherwise – the end of the period specified in the licence for the purpose of subsection 103(2) of the Radiocommunications Act 1992.
Note 1: Subparagraph (b)(i) applies to transmitter licences issued under section 102 of the Radiocommunications Act 1992 in relation to a community broadcasting licence allocated under Part 6 of the Broadcasting Services Act 1992. The Act imposes tax on such transmitter licences. The Act does not impose tax on a transmitter licence issued under section 102 of the Radiocommunications Act 1992 that is associated with a commercial broadcasting licence. The Commercial Broadcasting (Tax) Act 2017 may impose tax in relation to such a licence.
Note 2: A licence to which subparagraph (b)(ii) applies may cease to be in force before the end of the licence period if it surrendered or cancelled under the Radiocommunications Act 1992. For the purposes of this instrument, it is irrelevant whether a licence is, or may be, surrendered or cancelled before the end of its licence period.
low power spectrum access: see subsection (5).
micro power spectrum access: see subsection (6).
minimum annual amount means $43.75.
offshore area has the same meaning as in section 17 of the Radiocommunications Act 1992.
open narrowcasting radio service has the same meaning as in the Broadcasting Services Act 1992.
open narrowcasting service has the same meaning as in the Broadcasting Services Act 1992.
open narrowcasting television service has the same meaning as in the Broadcasting Services Act 1992.
Part 1 licence: see sub-item 1(3) of Schedule 1.
Part 2 licence: see item 6 of Schedule 1.
Part 3 licence: see sub-item 11(3) of Schedule 1.
Part 4 licence: see item 16 of Schedule 1.
Part 5 licence: see item 26 of Schedule 1.
Part 6 licence: see sub-item 29(2) of Schedule 1.
Part 7 licence: see sub-item 33(1) of Schedule 1.
Part 8 licence: see item 36 of Schedule 1.
Part 9 licence: see sub-item 38(3) of Schedule 1.
Part 10 licence: see sub-item 42(2) of Schedule 1.
Part 11 licence: see sub-item 46(4) of Schedule 1.
Part 12 licence: see sub-item 49(2) of Schedule 1.
Part 13 licence: see item 56 of Schedule 1.
point to multipoint station (land mobile spectrum) means a station that is authorised to be operated under a fixed licence within the following frequency bands:
(a) 403 MHz to 430 MHz;
(b) 450 MHz to 520 MHz, other than within one or more of the following frequency bands:
(i) 451.5125 MHz to 452.5 MHz;
(ii) 461.0125 MHz to 462 MHz;
(iii) 503.49375 MHz to 504.99375 MHz;
(iv) 513.49374 MHz to 514.99375 MHz.
population of an HCIS block means the most recent population for the HCIS block listed in the document that sets out population data for areas in HCIS blocks and HCIS cells that is part of the set of documents entitled Hierarchical Cell Identification Scheme (HCIS) – List of Population Data, published by the ACMA on its website.
Note 1: The set of documents entitled Hierarchical Cell Identification Scheme (HCIS) – List of Population Data is available, free of charge, on the ACMA’s website at www.acma.gov.au.
Note 2: In accordance with section 6, the set of documents entitled Hierarchical Cell Identification Scheme (HCIS) – List of Population Data was incorporated as existing at the time this instrument commenced. At that time, the set of documents was based on population data reported in the 2021 Census of Population and Housing.
population of an HCIS cell means the most recent population for the HCIS cell listed in the document that sets out population data for areas in HCIS blocks and HCIS cells that is part of the set of documents entitled Hierarchical Cell Identification Scheme (HCIS) – List of Population Data, published by the ACMA on its website.
Note 1: The set of documents entitled Hierarchical Cell Identification Scheme (HCIS) – List of Population Data is available, free of charge, on the ACMA’s website at www.acma.gov.au.
Note 2: In accordance with section 6, the set of documents entitled Hierarchical Cell Identification Scheme (HCIS) – List of Population Data was incorporated as existing at the time this instrument commenced. At that time, the set of documents was based on population data reported in the 2021 Census of Population and Housing.
PTS licence (PMTS Class B) has the same meaning as in:
(a) the Radiocommunications Licence Conditions (PTS Licence) Determination 2024; or
(b) if a later determination replaces that instrument and defines the expression – that later determination.
Note: The Radiocommunications Licence Conditions (PTS Licence) Determination 2024 is a legislative instrument and is available, free of charge, from the Federal Register of Legislation at www.legislation.gov.au.
remote station means a station that is used, or intended to be used, to communicate with:
(a) a base station; or
(b) a supplementary station.
residential area has the same meaning as in:
(a) the Radiocommunications Licence Conditions (Broadcasting Licence) Determination 2015; or
(b) if a later determination replaces that instrument and defines the expression – that later determination.
Note: The Radiocommunications Licence Conditions (Broadcasting Licence) Determination 2015 is a legislative instrument and is available, free of charge, from the Federal Register of Legislation at www.legislation.gov.au.
RQZ has the same meaning as in:
(a) the Radiocommunications (Australian Radio Quiet Zone Western Australia) Frequency Band Plan 2023; or
(b) if a later frequency band plan replaces that instrument and defines the expression – that later frequency band plan.
Note: The Radiocommunications (Australian Radio Quiet Zone Western Australia) Frequency Band Plan 2023 is a legislative instrument and is available, free of charge, from the Federal Register of Legislation at www.legislation.gov.au.
set amount licence: see subclause 1(2) of Schedule 2.
spectrum access: see subsection (4).
spectrum access licence: see subclause 1(1) of Schedule 2.
start day, for a licence, means the first day of the licence period for the licence.
supplementary station means a fixed station that is used, or intended to be used:
(a) to overcome deficiencies within the coverage area of a base station; and
(b) to communicate with one or more remote stations.
television outside broadcast system (Australia wide density type) means a television outside broadcast system where at least one radiocommunications transmitter that forms part of the system is authorised to operate anywhere in Australia.
television outside broadcast system (high density type) means a television outside broadcast system where at least one radiocommunications transmitter that forms part of the system is authorised to operate in one or more of the following:
(a) the Sydney area, as defined in Schedule 3;
(b) the Melbourne area, as defined in Schedule 3;
(c) the Brisbane area, as defined in Schedule 3;
but is not authorised to operate anywhere in Australia.
television outside broadcast system (low density type) means a television outside broadcast system (other than a television outside broadcasting system (high density type) or a television outside broadcasting system (medium density type)) where at least one radiocommunications transmitter that forms part of the system is authorised to operate in one or more of the following:
(a) the East Australia area, as defined in Schedule 3;
(b) the Western Australia area, as defined in Schedule 3;
(c) the Tasmania area, as defined in Schedule 3;
(d) the Darwin area, as defined in Schedule 3;
but is not authorised to operate anywhere in Australia.
television outside broadcast system (medium density type) means a television outside broadcast system (other than a television outside broadcasting system (high density type)) where at least one radiocommunications transmitter that forms part of the system is authorised to operate in one or more of the following:
(a) the Perth area, as defined in Schedule 3;
(b) the Adelaide area, as defined in Schedule 3;
(c) the Newcastle area, as defined in Schedule 3;
but is not authorised to operate anywhere in Australia.
television outside broadcast system (remote density type) means a television outside broadcast system that is not one of the following:
(a) television outside broadcast system (Australia wide density type);
(b) television outside broadcast system (high density type);
(c) television outside broadcast system (low density type);
(d) television outside broadcast system (medium density type).
TV band means the part of the spectrum from 520 MHz to 694 MHz.
underground PMTS licence means a PTS licence (PMTS Class B) that:
(a) authorises the operation of a radiocommunications transmitter only in the 3.4 GHz band; and
(b) is subject to one or more conditions that have the following effect (whether or not it is subject to any other conditions):
(i) a radiocommunications transmitter must only be operated in an underground space;
(ii) a radiocommunications transmitter must not be operated if the maximum EIRP density of the transmitter would exceed 3 nW per MHz, when measured at any aboveground opening that connects to the underground space.
underground PMTS licence (ASMG) means an underground PMTS licence, other than an underground PMTS licence (non-ASMG).
underground PMTS licence (non-ASMG) means an underground PMTS licence that authorises the operation of one or more radiocommunications transmitters only outside the area covered by the ASMG.
wider 26 GHz and 28 GHz bands means the part of the spectrum from 24.7 GHz to 30 GHz.
wireless audio system means a system of two or more land mobile stations:
(a) that are authorised to be operated under a land mobile licence; and
(b) each of which has an emission bandwidth greater than 100 kHz; and
(c) each of which is authorised to operate on a frequency specified in the licence; and
(d) each of which is authorised to operate with a power not greater than 250 mW EIRP.
Note 1: The expression tax is defined in the Act.
Note 2: A number of other expressions used in this instrument may be defined in a determination made under section 64 of the Australian Communications and Media Authority Act 2005. Any such determination is available, free of charge, from the Federal Register of Legislation at www.legislation.gov.au. At the time this instrument was made, the following expressions were defined in such a determination:
(a) 900 MHz studio to transmitter link station;
(b) aeronautical assigned station;
(c) aircraft assigned station;
(d) aircraft licence;
(e) aircraft station;
(f) amateur advanced station;
(g) amateur beacon station;
(h) amateur foundation station;
(i) amateur licence;
(j) amateur repeater station;
(k) amateur standard station;
(l) ambulatory station;
(m) ambulatory system;
(n) area-wide licence;
(o) broadcasting licence;
(p) CB repeater station;
(q) datacasting licence;
(r) defence licence;
(s) earth licence;
(t) earth receive station;
(u) earth station;
(v) EIRP;
(w) fixed earth station;
(x) fixed licence;
(y) fixed station;
(z) HF Domestic Service station;
(aa) HF Overseas (IBL) Service station;
(ab) HF Overseas Service station;
(ac) land mobile licence;
(ad) land mobile station;
(ae) land mobile system;
(af) limited coast assigned system;
(ag) limited coast marine rescue station;
(ah) limited coast non assigned station
(ai) major coast A station;
(aj) major coast B station;
(ak) maritime ship licence;
(al) maritime ship station;
(am) mobile earth station;
(an) narrowband area service station;
(ao) narrowcasting service station;
(ap) outpost assigned station;
(aq) PABX cordless telephone service;
(ar) paging system;
(as) PMTS Class B;
(at) PMTS Class C;
(au) point to multipoint station;
(av) point to multipoint system;
(aw) point to point (5.8 GHz band) station;
(ax) point to point (self-coordinated) station;
(ay) point to point station;
(az) radiodetermination licence;
(aza) radiodetermination licence (RNSS repeater system);
(ba) radiodetermination station;
(bb) scientific non assigned station;
(bc) ship station Class B assigned;
(bd) ship station Class B non assigned;
(be) ship station Class C assigned;
(bf) ship station Class C non assigned;
(bg) sound outside broadcast station;
(bh) space licence;
(bi) space station;
(bj) station;
(bk) television outside broadcast network;
(bl) television outside broadcast network station;
(bm) television outside broadcast station;
(bn) television outside broadcast system;
(bo) temporary fixed link station.
(2) In this instrument, the question whether a transmitter licence is associated with a commercial broadcasting licence is determined in the same manner as that question is determined for the purposes of the Commercial Broadcasting (Tax) Act 2017.
(3) In this instrument, each of the following is an eligible person:
(a) any of the following bodies corporate (whether or not it changes its name after the commencement of this instrument):
(i) the Royal Flying Doctor Service of Australia (ACN 004 213 067);
(ii) the Royal Flying Doctor Service of Australia Central Operations (ACN 141 354 734);
(iii) the Royal Flying Doctor Service of Australia (Queensland Section) (ACN 009 663 478);
(iv) the Royal Flying Doctor Service of Australia (South Eastern Section) (ACN 000 032 422);
(v) the Royal Flying Doctor Service Tasmania Ltd (ACN 617 680 896);
(vi) the Royal Flying Doctor Service of Australia (Victorian Section) (ACN 004 196 230);
(vii) the Royal Flying Doctor Service of Australia (Western Operations) (ACN 067 077 696);
(b) if one of the bodies corporate specified in paragraph (a) stops performing any of its functions – a body corporate responsible for performing the same, or substantially the same, functions;
(c) in relation to a licence that authorises a person to operate a narrowcasting service station – a person who operates, or who proposes to operate, a radiocommunications transmitter under the licence solely to provide open narrowcasting television services for community and educational non-profit purposes under a class licence determined under paragraph 117(e) of the Broadcasting Services Act 1992.
(4) For a licence, a spectrum access is a combination of:
(a) either:
(i) a particular frequency band; or
(ii) a particular frequency and a particular bandwidth; and
(b) either:
(i) a particular location; or
(ii) a particular area;
within which operation of one or more radiocommunications transmitters is authorised by the licence.
Note 1: There may be more than one spectrum access for a licence.
Note 2: The spectrum accesses for a licence may be worked out by looking at the conditions of the licence that relate to the frequencies on which each radiocommunications transmitter may be operated, and the corresponding geographic areas within which, or locations from which, each transmitter may be operated. The corresponding geographic area may be the whole of Australia.
(5) A spectrum access for a licence is a low power spectrum access at a particular time if:
(a) the licence is one of the following:
(i) a Part 1 licence, other than a defence licence or a licence that authorises the operation of a 900 MHz studio to transmitter link station;
(ii) a Part 2 licence;
(iii) a Part 3 licence, other than a licence that authorises the operation of a station that is part of a point to multipoint system;
(iv) a Part 6 licence; and
(b) the licence authorises a person to operate one or more radiocommunications transmitters within the spectrum access, subject to a condition that the maximum permitted radiated power of each such transmitter is 8.3 watts EIRP; and
(c) either:
(i) the applicant, in its application for the licence; or
(ii) the licensee, in writing given to the ACMA before the time;
has requested that the ACMA treat the licence as having a notional service area that consists of every point no more than 2 kilometres from:
(iii) if the spectrum access includes a particular location – that location; or
(iv) if the spectrum access includes a particular area – the centre of that area; and
(d) if the licence is a Part 6 licence (other than a fixed licence (point to multipoint system – 3.4 GHz band)) – the spectrum access does not consist of frequencies equal to or greater than 960 MHz; and
(e) the spectrum access is not a micro power spectrum access.
Note 1: There may be more than one spectrum access for a licence.
Note 2: The spectrum accesses for a licence may be worked out by looking at the conditions of the licence that relate to the frequencies on which each radiocommunications transmitter may be operated, and the corresponding geographic areas within which, or locations from which, each transmitter may be operated. The corresponding geographic area may be the whole of Australia.
Note 3: For paragraph (c), the request of an applicant or a licensee may be made, on their behalf, by an accredited person. No form of words is prescribed or required to be used for making the request. The ‘notional service area’ is used by the ACMA and accredited persons in planning and coordinating radiocommunications.
(6) A spectrum access for a licence is a micro power spectrum access at a particular time if:
(a) the licence is one of the following:
(i) a licence that authorises the operation of an ambulatory station;
(ii) a licence that authorises the operation of a station that is part of an ambulatory system other than a wireless audio system;
(iii) a licence that authorises the operation of a station that is part of a land mobile system other than a wireless audio system;
(iv) a fixed licence (point to multipoint system – 3.4 GHz band); and
(b) the licence is not a harmonised government spectrum area licence; and
(c) the licence authorises a person to operate one or more radiocommunications transmitters within the spectrum access, subject to a condition that the maximum permitted radiated power of each such transmitter is 1.7 watts EIRP; and
(d) either:
(i) the applicant, in its application for the licence; or
(ii) the licensee, in writing given to the ACMA before the time;
has requested that the ACMA treat the licence as having a notional service area that consists of every point no more than 200 metres from:
(iii) if the spectrum access includes a particular location – that location; or
(iv) if the spectrum access includes a particular area – the centre of that area.
Note 1: There may be more than one spectrum access for a licence.
Note 2: The spectrum accesses for a licence may be worked out by looking at the conditions of the licence that relate to the frequencies on which each radiocommunications transmitter may be operated, and the corresponding geographic areas within which, or locations from which, each transmitter may be operated. The corresponding geographic area may be the whole of Australia.
Note 3: For paragraph (d), the request of an applicant or a licensee may be made, on their behalf, by an accredited person. No form of words is prescribed or required to be used for making the request. The ‘notional service area’ is used by the ACMA and accredited persons in planning and coordinating radiocommunications.
(7) In this instrument, unless the contrary intention appears, a reference to a station is taken to be a reference to each radiocommunications transmitter that forms part of the station.
Note 1: A station is an installation or thing that is, or includes, one or more radiocommunications transmitters, one or more radiocommunications receivers, or both one or more radiocommunications transmitters and one or more radiocommunications receivers. The Act imposes tax only in relation to transmitter licences, so this instrument is primarily concerned with transmitter licences and radiocommunications transmitters. However, the manner for calculating the amount of tax in relation to some transmitter licences may depend on specified radiocommunications receivers.
Note 2: See also Part 2.
(8) Unless the contrary intention appears, terms used in this instrument that are defined in the Radiocommunications Act 1992 have the same meaning as in that Act.
Note: This instrument defines licence in a different manner than the Radiocommunications Act 1992.
(9) In this instrument, unless the contrary intention appears, a reference to a part of the spectrum or a frequency band includes all the frequencies that are greater than but not including the lower frequency, up to and including the higher frequency.