Radiocommunications Act 1992
No. 174, 1992
Compilation No. 82
Compilation date: 1 July 2025
Includes amendments: Act No. 137, 2024
About this compilation
This compilation
This is a compilation of the Radiocommunications Act 1992 that shows the text of the law as amended and in force on 1 July 2025 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Chapter 1—Preliminary
Part 1.1—Formal matters
1 Short title
2 Commencement
Part 1.2—Object of this Act
3 Object
4 Outline of this Act
Part 1.3—Interpretative provisions
5 Definitions
6 Definition of radiocommunication
7 Definitions of radiocommunications device, radiocommunications transmitter and radiocommunications receiver
7A Designated radiocommunications receiver
8 Definitions of radio emission and transmitter
9 Application of labels
9B Digital mode
9C Digital community radio broadcasting representative company
9D Incumbent digital radio broadcasting licensees
10 Public or community services
10A ACMA determinations about space objects
10B Authorised defence supplier
11 References to offences against this Act etc.
Part 1.4—Application of this Act
12 Outline of this Part
Division 1—General
13 Crown to be bound
Division 2—Provisions relating to location and similar matters
14 Operation of this Division
15 Application to external Territories
16 Application outside Australia
17 Offshore areas
17A Greater Sunrise special regime area, Greater Sunrise pipeline international offshore area and Bayu‑Undan pipeline international offshore area
18 Application to the atmosphere etc.
Division 3—Provisions extending the concept of radiocommunication
19 Operation of this Division
20 Radio transmissions for the purpose of measurement
21 Astronomical and meteorological observations
22 Lighthouses etc.
Division 4—Matters to which this Act does not apply
23 Foreign space objects, vessels and aircraft
24 Defence research and intelligence
25 Special…
Overview
The Radiocommunications Act 1992, enacted by the Australian Parliament, was introduced to address the need for a comprehensive legal framework to manage the allocation, licensing, and regulation of radio frequency spectrum, ensuring that it is used efficiently and effectively for various purposes including commercial, defence, and public services. The Act aims to facilitate the efficient planning, allocation, and use of the radio frequency spectrum in a way that supports the Commonwealth's communications policy objectives, including enhancing national security, supporting economic growth, and improving public access to communications services. This legislation provides a structured approach to managing the radio spectrum by detailing the processes for radio frequency planning, licensing, and the regulation of radio equipment and emissions, thereby preventing interference and ensuring safe and effective communication services across the nation.
Scope and Application
The Radiocommunications Act 1992 governs the management and regulation of the radiofrequency spectrum in Australia. It applies to the Commonwealth, all states and territories, and extends to activities outside Australia, such as those involving Australian citizens or vessels, unless otherwise specified. The Act binds the Crown and mandates adherence by all entities involved in radiocommunications, including commercial and non-commercial entities, unless explicitly exempted. Exemptions include activities related to defence research, intelligence, special defence undertakings, and specific uses by defence, law enforcement, and emergency services personnel. Additionally, the Act does not apply to foreign vessels, aircraft, and space objects unless certain conditions are met. The Australian Communications and Media Authority (ACMA) plays a central role in spectrum planning, licensing, and enforcement. The Act provides for various licensing systems, including spectrum licences for specific parts of the spectrum, apparatus licences for specific radiocommunications devices, and class licences for certain types of radiocommunications devices. It also outlines the procedures for the issuance, variation, and cancellation of these licences, as well as the conditions under which they can be transferred or resumed. Furthermore, the Act establishes offences and penalties for unlicensed operation, unauthorised possession of radiocommunications devices, and other regulatory breaches, while also setting out mechanisms for resolving interference disputes and enforcing compliance through penalties and legal actions. The Act's regulatory scope is extended through legislative instruments and subordinate regulations, which may provide for additional measures and detailed provisions to ensure effective spectrum management and radiocommunications regulation.
Key Provisions
- The Radiocommunications Act 1992 primarily focuses on the management and regulation of the radiofrequency spectrum within Australia. It facilitates this through various provisions including radio frequency planning (Chapter 2), licensing of radiocommunications (Chapter 3), and general regulatory provisions (Chapter 4). Section 3 of the Act outlines its object, which is to promote the long-term public interest by managing the radiofrequency spectrum effectively. This includes ensuring that the spectrum is used efficiently for both commercial and non-commercial purposes, such as defence and public safety. The Act further delineates its application scope and exemptions in Part 1.4.
- The Act imposes obligations on entities and individuals to comply with its provisions, particularly around licensing and the use of the radiofrequency spectrum. For instance, Section 46 and Section 47 make it an offence to operate or possess radiocommunications devices without proper authorisation (spectrum or apparatus licences). Section 60 to Section 63 detail the procedures and conditions for issuing spectrum licences, while Section 97 to Section 107 cover the issuance and conditions of apparatus licences. The Act also mandates the Australian Communications and Media Authority (ACMA) to issue class licences for specified types of radiocommunications devices (Section 132). Additionally, Section 155 to Section 160 impose equipment rules, including standards, obligations, and prohibitions regarding the use of radiocommunications devices.
- In terms of penalties and consequences for breaches, the Act stipulates various offences and their corresponding penalties. Section 46 and Section 47 establish criminal penalties for unlicensed operation of radiocommunications devices, with maximum penalties including imprisonment for up to 2 years and fines of 1,500 penalty units for individuals, and 15,000 penalty units for corporations. Section 192 to Section 199 address offences related to radio emissions, prescribing penalties such as imprisonment for up to 5 years and fines of 5,000 penalty units for individuals, and 50,000 penalty units for corporations. The Act also includes provisions for civil penalties, such as those outlined in Section 113 for contravening licence conditions and Section 165 for breaches of equipment rules, which impose fines up to 20 penalty units for individuals and 100 penalty units for corporations. Moreover, Section 284A to Section 284C provide for enforcement mechanisms including the power to issue remedial directions, the ability to seize infringing equipment, and the authority to issue public warning notices. Non-compliance with these provisions can lead to enforcement actions, fines, and in severe cases, criminal prosecution.
- Area of Law
- Commercial Law
- Environmental Law
- Telecommunications Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Licensing & Registration
- Regulatory Standards
- Enforcement Powers
- Civil Penalty Provisions
- Compliance Obligations
