Radiocommunications Legislation Amendment (Reform and Modernisation) Act 2020 (Cth)
Radiocommunications Legislation Amendment (Reform and Modernisation) Act 2020
No. 151, 2020
Compilation No. 1
Compilation date: 15 September 2021
Registered: 15 September 2021
This compilation only includes editorial changes
About this compilation
This compilation
This is a compilation of the Radiocommunications Legislation Amendment (Reform and Modernisation) Act 2020 that shows the text of the law as amended and in force on 15 September 2021 (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 Legislation Register ( 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 series page on the Legislation 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 series page on the Legislation 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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
1............ Short title............................................................................................. 1
2............ Commencement................................................................................... 1
3............ Schedules............................................................................................ 3
Schedule 1—Object 4
Radiocommunications Act 1992 4
Schedule 2—Policy statements and work program 5
Part 1—Amendment of the Radiocommunications Act 1992 5
Radiocommunications Act 1992 5
Part 2—Other amendments 9
Australian Communications and Media Authority Act 2005 9
Part 3—Application provisions 10
Schedule 3—Licences etc. 11
Part 1—Amendment of the Radiocommunications Act 1992 11
Radiocommunications Act 1992 11
Part 2—Application and transitional provisions 54
Schedule 4—Equipment etc. 59
Part 1—Amendment of the Radiocommunications Act 1992 59
Radiocommunications Act 1992 59
Part 2—Amendments contingent on the commencement of the Federal Circuit and Family Court of Australia Act 2021 103
Radiocommunications Act 1992 103
Part 3—Other amendments 104
Australian Communications and Media Authority Act 2005 104
Telecommunications Act 1997 104
Trans‑Tasman Mutual Recognition Act 1997 104
Part 4—Application and transitional provisions 106
Schedule 5—Accreditation etc. 120
Part 1—Amendment of the Radiocommunications Act 1992 120
Radiocommunications Act 1992 120
Part 2—Application and transitional provisions 128
Schedule 6—Compliance and enforcement 132
Part 1—Amendment of the Radiocommunications Act 1992 132
Radiocommunications Act 1992 132
Part 2—Consequential amendments 183
Australian Communications and Media Authority Act 2005 183
Telecommunications (Interception and Access) Act 1979 183
Part 3—Amendments contingent on the commencement of the Federal Circuit and Family Court of Australia Act 2021 185
Radiocommunications Act 1992 185
Part 4—Transitional provisions 186
Division 1—General 186
Division 2—Infringement notices 192
Division 3—Enforceable undertakings 193
Part 5—Eligible States 194
Schedule 7—Information‑gathering powers 195
Part 1—Amendments 195
Radiocommunications Act 1992 195
Part 2—Transitional provisions 201
Schedule 8—Miscellaneous 203
Part 1—Amendment of the Radiocommunications Act 1992 203
Radiocommunications Act 1992 203
Part 2—Transitional provisions 212
Schedule 9—Datacasting 214
Part 1—Amendment of the Radiocommunications Act 1992 214
Radiocommunications Act 1992 214
Part 2—Other amendments 218
Australian Communications and Media Authority Act 2005 218
Broadcasting Services Act 1992 218
Competition and Consumer Act 2010 224
Income Tax Assessment Act 1997 224
Part 3—Transitional provisions 225
Schedule 10—Public inquiries 226
Part 1—Amendment of the Radiocommunications Act 1992 226
Radiocommunications Act 1992 226
Part 2—Other amendments 227
Australian Communications and Media Authority Act 2005 227
Schedule 11—Duration of licences 228
Radiocommunications Act 1992 228
Endnotes229
Endnote 1—About the endnotes 229
Endnote 2—Abbreviation key 231
Endnote 3—Legislation history 232
Endnote 4—Amendment history 233
Endnote 5—Editorial changes 234
An Act to amend the Radiocommunications Act 1992, and for other purposes
1 Short title
This Act is the Radiocommunications Legislation Amendment (Reform and Modernisation) Act 2020.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
| Commencement information | ||
| Column 1 | Column 2 | Column 3 |
| Provisions | Commencement | Date/Details |
| 1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day this Act receives the Royal Assent. | 17 December 2020 |
| 2. Schedule 1 | A single day to be fixed by Proclamation. However, if the provisions do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. | 17 June 2021 |
| 3. Schedules 2 and 3 | At the same time as the provisions covered by table item 2. | 17 June 2021 |
| 4. Schedule 4, Part 1 | At the same time as the provisions covered by table item 2. | 17 June 2021 |
| 5. Schedule 4, Part 2 | The later of: (a) immediately after the commencement of the provisions covered by table item 4; and (b) the commencement of the Federal Circuit and Family Court of Australia Act 2021. However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. | 1 September 2021 (paragraph (b) applies) |
| 6. Schedule 4, Parts 3 and 4 | At the same time as the provisions covered by table item 2. | 17 June 2021 |
| 7. Schedule 5 | At the same time as the provisions covered by table item 2. | 17 June 2021 |
| 8. Schedule 6, Parts 1 and 2 | At the same time as the provisions covered by table item 2. | 17 June 2021 |
| 9. Schedule 6, Part 3 | The later of: (a) immediately after the commencement of the provisions covered by table item 8; and (b) the commencement of the Federal Circuit and Family Court of Australia Act 2021. However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. | 1 September 2021 (paragraph (b) applies) |
| 10. Schedule 6, Part 4 | At the same time as the provisions covered by table item 2. | 17 June 2021 |
| 11. Schedule 6, Part 5 | The day after this Act receives the Royal Assent. | 18 December 2020 |
| 12. Schedules 7 to 10 | At the same time as the provisions covered by table item 2 | 17 June 2021 |
| 13. Schedule 11 | A single day to be fixed by Proclamation. However, if the provisions do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. | 17 June 2021 |
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Schedules
Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Object
Radiocommunications Act 1992
1 Section 3
Repeal the section, substitute:
3 Object
The object of this Act is to promote the long‑term public interest derived from the use of the spectrum by providing for the management of the spectrum in a manner that:
(a) facilitates the efficient planning, allocation and use of the spectrum; and
(b) facilitates the use of the spectrum for:
(i) commercial purposes; and
(ii) defence purposes, national security purposes and other non‑commercial purposes (including public safety and community purposes); and
(c) supports the communications policy objectives of the Commonwealth Government.
Schedule 2—Policy statements and work program
Part 1—Amendment of the Radiocommunications Act 1992
Radiocommunications Act 1992
1 Section 5
Insert:
Ministerial policy statement has the meaning given by section 28B.
spectrum management functions, in relation to the ACMA, has the same meaning as in the Australian Communications and Media Authority Act 2005.
spectrum management powers, in relation to the ACMA, means the powers conferred on the ACMA by or under:
(a) this Act; or
(b) the Radiocommunications (Receiver Licence Tax) Act 1983; or
(c) the Radiocommunications (Spectrum Licence Tax) Act 1997; or
(d) the Radiocommunications Taxes Collection Act 1983; or
(e) the Radiocommunications (Transmitter Licence Tax) Act 1983; or
(f) Part 14AA of the Broadcasting Services Act 1992; or
(g) section 12 of the Australian Communications and Media Authority Act 2005, to the extent that the powers relate to the performance of the ACMA’s spectrum management functions.
2 At the end of Chapter 1
Add:
Part 1.5—Ministerial policy statements
28A Simplified outline of this Part
• In performing its spectrum management functions, and exercising its spectrum management powers, the ACMA must have regard to any relevant Ministerial policy statements.
28B Ministerial policy statements
(1) The Minister may, by notifiable instrument, specify a policy of the Commonwealth Government that is to apply in relation to:
(a) the performance of any of the ACMA’s spectrum management functions; or
(b) the exercise of any of the ACMA’s spectrum management powers.
(2) An instrument under subsection (1) is to be known as a Ministerial policy statement.
28C The ACMA must have regard to Ministerial policy statements
(1) In performing its spectrum management functions, and exercising its spectrum management powers, the ACMA must have regard to any relevant Ministerial policy statements.
(2) A contravention of subsection (1) does not affect the validity of:
(a) an instrument made by the ACMA; or
(b) anything else done by the ACMA;
in the performance of its functions or the exercise of its powers.
Part 1.6—The ACMA’s work program
28D Simplified outline of this Part
• At least once each financial year, the ACMA must determine a work program in relation to its spectrum management functions and its spectrum management powers.
• Before determining a work program, the ACMA must:
(a) consult the Minister; and
(b) undertake any other consultation that is appropriate and reasonably practicable.
28E The ACMA’s work program
(1) At least once each financial year, the ACMA must determine a work program in relation to its spectrum management functions and its spectrum management powers.
(2) A work program must be for a period of not less than 5 financial years.
(3) If the ACMA has a work program (the original work program), the ACMA may determine a work program (the new work program) that is expressed to replace the original work program. If the ACMA does so, the original work program is taken to be revoked when the new work program comes into force.
(4) The ACMA must publish a work program on the ACMA’s website.
(5) A work program is not a legislative instrument.
28F Consultation
(1) Before determining a work program, the ACMA must:
(a) consult the Minister; and
(b) undertake any other consultation that is:
(i) considered by the ACMA to be appropriate to undertake; and
(ii) reasonably practicable to undertake.
(2) A contravention of subsection (1) does not affect the validity of the work program.
Part 2—Other amendments
Australian Communications and Media Authority Act 2005
3 At the end of section 57
Add:
; and (g) a summary outline of the operation of subsection 28C(1) of the Radiocommunications Act 1992 during the period; and
(h) if a work program was applicable to the period under section 28E of the Radiocommunications Act 1992—a report on the extent to which the ACMA’s activities during the period gave effect to the work program.
Part 3—Application provisions
4 Application—the ACMA’s work program
Section 28E of the Radiocommunications Act 1992 (as amended by this Schedule) does not apply in relation to the financial year in which this item commences.
Schedule 3—Licences etc.
Part 1—Amendment of the Radiocommunications Act 1992
Radiocommunications Act 1992
1 Subparagraph 4(a)(ii)
Omit “and conversion plans”.
2 Section 5 (definition of conversion plan)
Repeal the definition.
3 Section 5
Insert:
direct allocation has the meaning given by section 60A.
public interest statement:
(a) for a spectrum licence—has the meaning given by section 65A; or
(b) for an apparatus licence—has the meaning given by section 103A.
renewal application period:
(a) for a spectrum licence—has the meaning given by section 65A; or
(b) for an apparatus licence—has the meaning given by section 103A.
renewal application period statement:
(a) for a spectrum licence—has the meaning given by section 65A; or
(b) for an apparatus licence—has the meaning given by section 103A.
renewal decision‑making period, for a spectrum licence, has the meaning given by section 65A.
renewal decision‑making period statement, for a spectrum licence, has the meaning given by section 65A.
renewal statement:
(a) for a spectrum licence—has the meaning given by section 65A; or
(b) for an apparatus licence—has the meaning given by section 103A.
3A After subsection 27(2)
Insert:
(2A) A determination under subsection (2) may confer a power to make a decision of an administrative character on a person or the ACMA.
4 Paragraph 29(3)(a)
Repeal the paragraph.
4A After subsection 30(2)
Insert:
(2A) A spectrum plan may confer a power to make a decision of an administrative character on the ACMA.
5 Part 2.2 (heading)
Omit “Conversion plans and marketing”, substitute “Marketing”.
5A After subsection 32(5)
Insert:
(5A) A frequency band plan may confer a power to make a decision of an administrative character on the ACMA.
6 Section 36
Repeal the section.
7 Section 37
Omit “a conversion plan or”.
8 Section 37
Omit “conversion plan or” (last occurring).
9 Section 38
Repeal the section.
10 Subsections 39(1) and (2)
Repeal the subsections, substitute:
(1) The ACMA may, by legislative instrument, prepare a marketing plan for issuing spectrum licences that authorise the operation of radiocommunications devices:
(a) at the frequencies specified in the plan; and
(b) within the area or areas specified in the plan.
(2) If an apparatus licence authorises the operation of radiocommunications devices:
(a) at one or more frequencies; and
(b) within one or more areas;
the ACMA must not make a marketing plan that applies to the issue of spectrum licences that authorise the operation of radiocommunications devices:
(c) at those frequencies; and
(d) within those areas;
unless the marketing plan provides that one or more spectrum licences are to be allocated by direct allocation to the holder of the apparatus licence.
11 Subsection 39(5)
Repeal the subsection, substitute:
(5) In indicating the procedures to be followed for issuing spectrum licences, the plan may, for example, indicate whether the licences are to be allocated:
(a) by auction; or
(b) by tender; or
(c) by allocation for a pre‑determined price or a negotiated price; or
(d) by direct allocation; or
(e) by a combination of any or all of the following:
(i) auction;
(ii) tender;
(iii) allocation for a pre‑determined price or a negotiated price;
(iv) direct allocation.
12 At the end of section 39
Add:
(7) A marketing plan must not relate wholly or partly to a part of the spectrum referred to the ACMA under subsection 31(1) or (1A), unless the part, or each of the parts, of the spectrum to which the plan relates is covered by a determination under subsection 31(2).
13 Subsection 39A(1)
Repeal the subsection, substitute:
(1) This section applies if a spectrum re‑allocation declaration states that a part or parts of the spectrum should be re‑allocated:
(a) by issuing spectrum licences; or
(b) by a combination of:
(i) issuing spectrum licences; and
(ii) issuing apparatus licences.
14 Subsection 39A(7)
Repeal the subsection, substitute:
(7) In indicating the procedures to be followed for issuing spectrum licences, the plan may, for example, indicate whether the licences are to be allocated:
(a) by auction; or
(b) by tender; or
(c) by allocation for a pre‑determined price or a negotiated price; or
(d) by direct allocation; or
(e) by a combination of any or all of the following:
(i) auction;
(ii) tender;
(iii) allocation for a pre‑determined price or a negotiated price;
(iv) direct allocation.
15 Section 41 (heading)
After “preparing”, insert “marketing”.
16 Subsection 41(1)
Omit “a conversion plan or”.
17 Subsection 41(2)
Omit “38,”.
18 Section 42 (heading)
Before “plans”, insert “marketing”.
19 Subsections 42(1) and (2)
Omit “a conversion plan or”.
20 Section 44
Omit “a conversion plan or”.
20A After subsection 44A(4)
Insert:
(4A) A digital radio channel plan may confer a power to make a decision of an administrative character on the ACMA.
20B Subsections 48(1) and (2)
Repeal the subsections, substitute:
(1) For the purposes of section 47, if:
(a) at a particular time, a person has a radiocommunications device in the person’s possession, otherwise than for the purpose of supplying the radiocommunications device to another person; and
(b) the radiocommunications device can be operated;
it must be presumed that the person has the radiocommunications device in the person’s possession for the purpose of operating the radiocommunications device, unless the person adduces or points to evidence that suggests a reasonable possibility that, at that time, the person did not have the radiocommunications device in the person’s possession for the purpose of operating the radiocommunications device.
(2) For the purposes of subsection (1), it is immaterial whether the radiocommunications device can be operated:
(a) immediately; or
(b) after taking one or more steps (for example, the connection of the radiocommunications device to a power supply).
21 Paragraph 51(2)(a)
Repeal the paragraph.
22 Subsection 51(5)
Repeal the subsection, substitute:
(5) Division 3A is about renewing spectrum licences.
(5A) Division 4 is about issuing further spectrum licences (otherwise than by way of renewal).
23 Subdivision A of Division 1 of Part 3.2
Repeal the Subdivision.
24 At the end of subsection 60(1)
Add:
; or (d) by direct allocation; or
(e) by a combination of any or all of the following:
(i) auction;
(ii) tender;
(iii) allocation for a pre‑determined price or a negotiated price;
(iv) direct allocation.
25 Subsection 60(2)
Omit “procedures for”, substitute “procedures, so far as they deal with”.
26 After paragraph 60(2)(c)
Insert:
(ca) eligibility requirements (if any) for participation in auctions;
(cb) credits (if any) for prospective bidders;
27 Subsection 60(3)
Omit “procedures for”, substitute “procedures, so far as they deal with”.
28 After paragraph 60(3)(c)
Insert:
(ca) eligibility requirements (if any) for submission of a tender;
(cb) credits (if any) for prospective tenderers;
29 Subsection 60(4)
Omit “procedures for”, substitute “procedures, so far as they deal with”.
30 After paragraph 60(4)(b)
Insert:
(ba) eligibility requirements (if any) for prospective licensees;
(bb) credits (if any) for prospective licensees;
31 Paragraphs 60(5)(a) and (b)
Repeal the paragraphs, substitute:
(a) impose limits on the aggregate of the parts of the spectrum that:
(i) under transmitter licences; and
(ii) under existing spectrum licences; and
(iii) as a result of the allocation of spectrum licences under this Subdivision;
may be used by:
(iv) any one person; or
(v) a specified person; or
(b) impose limits on the aggregate of the parts of the spectrum that:
(i) under transmitter licences; and
(ii) under existing spectrum licences; and
(iii) as a result of the allocation of spectrum licences under this Subdivision;
may, in total, be used by the members of a specified group of persons.
32 After subsection 60(7)
Insert:
(7A) Procedures determined under subsection (1), so far as they relate to direct allocation of spectrum licences, may provide for the ACMA to have regard to a frequency assignment certificate issued by a person who holds an accreditation of a kind specified in the legislative rules, stating that the operation of a device under such a licence:
(a) on a specified frequency or frequencies, or on a specified frequency channel; and
(b) at a specified constancy; and
(c) at a specified location; and
(d) subject to specified technical conditions;
will satisfy any conditions that are required to be satisfied, in relation to the issue of such a certificate, under a determination made under section 266A.
33 Subsection 60(8)
Omit “(6A) and (7)”, substitute “(6A), (7) and (7A)”.
34 Subsection 60(9)
Repeal the subsection.
35 After subsection 60(13)
Insert:
(13A) Before determining procedures under subsection (1), the ACMA must consult the ACCC about whether the procedures should impose limits as mentioned in subsection (5) and, if so, the nature of those limits.
36 After subsection 60(14)
Insert:
(14A) Procedures determined under subsection (1) may confer a power to make a decision of an administrative character on a person or the ACMA.
37 At the end of section 60
Add:
(16) A determination under subsection (1) is a legislative instrument.
38 After section 60
Insert:
60A Direct allocation of spectrum licences
For the purposes of this Act, direct allocation of a spectrum licence means the allocation of the licence to:
(a) a person specified in procedures determined under section 60; or
(b) a person ascertained in accordance with procedures determined under section 60.
60B Restriction on allocation of spectrum licences
If a spectrum licence authorises the operation of radiocommunications devices:
(a) at one or more frequencies; and
(b) within one or more areas;
the ACMA must not allocate another spectrum licence if the other spectrum licence authorises the operation of radiocommunications devices:
(c) at those frequencies; and
(d) within those areas.
40 After section 65
Insert:
65A Renewal statements etc.
Renewal statement
(1) A spectrum licence issued after the commencement of this section must include:
(a) a statement to the effect that the licence cannot be renewed; or
(b) a statement to the effect that the licence may be renewed at the discretion of the ACMA; or
(c) a statement to the effect that the licence may be renewed at the discretion of the ACMA so long as specified circumstances exist.
Note: For transitional exceptions, see subsection (21).
(2) A statement mentioned in paragraph (1)(a), (b) or (c) is to be known as a renewal statement.
(3) Circumstances specified under paragraph (1)(c) may be an act or omission by the ACMA.
(4) Subsection (3) does not limit paragraph (1)(c).
(5) The ACMA may, by legislative instrument, determine that each spectrum licence included in a specified class of spectrum licences is taken to include one of the following statements:
(a) a statement to the effect that the licence cannot be renewed;
(b) a statement to the effect that the licence may be renewed at the discretion of the ACMA;
(c) a statement to the effect that the licence may be renewed at the discretion of the ACMA so long as specified circumstances exist.
Note: For transitional exceptions, see subsections (21) and (22).
(6) A statement mentioned in paragraph (5)(a), (b) or (c) is to be known as a renewal statement.
(7) Circumstances specified under paragraph (5)(c) may be an act or omission by the ACMA.
(8) Subsection (7) does not limit paragraph (5)(c).
(9) A determination under subsection (5) does not apply to a spectrum licence if a renewal statement is included in the licence under subsection (1).
Renewal application period
(10) If a spectrum licence includes:
(a) a statement to the effect that the licence may be renewed at the discretion of the ACMA; or
(b) a statement to the effect that the licence may be renewed at the discretion of the ACMA so long as specified circumstances exist;
the licence must also include a statement to the effect that a specified period is the renewal application period for the licence.
(11) A statement mentioned in subsection (10) is to be known as a renewal application period statement.
(12) The ACMA may, by legislative instrument, determine that each spectrum licence included in a specified class of spectrum licences is taken to include a statement to the effect that a period ascertained in accordance with the determination is the renewal application period for the licence.
(13) A renewal application period for a spectrum licence must:
(a) begin at a time when the licence is in force; and
(b) end before the licence is due to expire.
(14) A determination under subsection (12) does not apply to a spectrum licence if a renewal application period statement is included in the licence under subsection (10).
Renewal decision‑making period
(15) A spectrum licence may include a statement to the effect that a specified period is the renewal decision‑making period for the licence.
(16) A statement mentioned in subsection (15) is to be known as a renewal decision‑making period statement.
Public interest statement
(17) If a spectrum licence includes:
(a) a statement to the effect that the licence may be renewed at the discretion of the ACMA; or
(b) a statement to the effect that the licence may be renewed at the discretion of the ACMA so long as specified circumstances exist;
the licence may also include a statement to the effect that the ACMA will not renew the licence unless the ACMA is satisfied that it is in the public interest to do so.
(18) A statement mentioned in subsection (17) is to be known as a public interest statement.
(19) The ACMA may, by legislative instrument, determine that each spectrum licence included in a specified class of spectrum licences is taken to include a statement to the effect that the ACMA will not renew the licence unless the ACMA is satisfied that it is in the public interest to do so.
Note: For transitional exceptions, see subsections (21) and (22).
(20) A statement mentioned in subsection (19) is to be known as a public interest statement.
Transitional—exceptions
(21) Subsections (1), (5) and (19) do not apply to a spectrum licence if:
(a) both:
(i) a marketing plan was applicable to the issue of the licence; and
(ii) the marketing plan was prepared before the commencement of this section; or
(b) the licence was issued as the result of an offer under repealed section 56.
(22) Subsections (5) and (19) do not apply to a spectrum licence if the licence was issued under repealed section 82.
40A Paragraph 68A(2)(b)
Omit “Parts VII and IX”, substitute “the remaining provisions of that Act”.
40B Paragraph 71A(2)(b)
Omit “Parts VII and IX”, substitute “the remaining provisions of that Act”.
41 Subsection 71A(3)
Omit “re‑issue of a spectrum licence under section 82”, substitute “issue of a spectrum licence under section 77C”.
42 At the end of section 72
Add:
(3) Subject to subsections (4), (5) and (6), the ACMA may, with the written agreement of the licensee of a spectrum licence, vary the licence by:
(a) varying the renewal statement included in the licence; or
(b) omitting the renewal statement included in the licence and substituting another renewal statement; or
(c) varying the renewal application period statement included in the licence; or
(d) omitting the public interest statement included in the licence; or
(e) omitting the renewal decision‑making period statement included in the licence; or
(f) varying the renewal decision‑making period statement included in the licence.
(4) If the renewal statement is varied, the statement as varied must comply with the requirements of section 65A.
(5) If another renewal statement is substituted, the substituted renewal statement must comply with the requirements of section 65A.
(6) If the renewal application period statement is varied, the statement as varied must comply with the requirements of section 65A.
43 After subsection 73(2)
Insert:
(3) Subject to subsections (4), (5) and (6), if a spectrum licence includes a renewal statement to the effect that the licence may be renewed at the discretion of the ACMA so long as specified circumstances exist, the ACMA may, by written notice given to the licensee of the licence, vary the licence by:
(a) varying the circumstances specified in the renewal statement included in the licence; or
(b) omitting the renewal statement included in the licence and substituting another renewal statement to the effect that the licence may be renewed at the discretion of the ACMA so long as specified circumstances exist.
(4) The ACMA must not vary the licence under subsection (3) unless the ACMA is satisfied that exceptional circumstances exist that warrant the variation of the licence.
(5) If the renewal statement is varied, the statement as varied must comply with the requirements of section 65A.
(6) If another renewal statement is substituted, the substituted renewal statement must comply with the requirements of section 65A.
44 After Division 3 of Part 3.2
Insert:
Division 3A—Renewal of spectrum licences
77A Applications for renewal of spectrum licences
(1) A licensee of a spectrum licence may apply to the ACMA for the licence to be renewed.
(2) If there is a renewal application period for the licence, the application must be made within the renewal application period.
(3) If there is no renewal application period for the licence, the application must be made within the 2‑year period ending when the licence is due to expire.
(4) The application must:
(a) be made in a manner approved, in writing, by the ACMA; and
(b) be in a form approved, in writing, by the ACMA; and
(c) be accompanied by such information (if any) as is specified in an instrument under subsection (6); and
(d) be accompanied by such documents (if any) as are specified in an instrument under subsection (7).
(5) The ACMA may approve different forms for different applications.
(6) The ACMA may, by legislative instrument, specify information for the purposes of paragraph (4)(c).
(7) The ACMA may, by legislative instrument, specify documents for the purposes of paragraph (4)(d).
(8) An instrument under paragraph (4)(a) is a notifiable instrument.
(9) An approved form of application may provide for verification by statutory declaration of statements in applications.
Deemed applications
(10) If:
(a) the ACMA gives a person a notice that is expressed to be a licence renewal notice; and
(b) the notice relates to one or more spectrum licences held by the person; and
(c) in response to the notice, the person:
(i) pays to the ACMA (on behalf of the Commonwealth) the amount specified in the notice as the amount due; and
(ii) does so on or before the day specified in the notice as the payment due date;
then:
(d) if the notice relates to a single spectrum licence—the person is taken to have made an application under subsection (1) for the licence to be renewed; and
(e) if the notice relates to 2 or more spectrum licences—the person is taken to have made separate applications under subsection (1) for each of those licences to be renewed; and
(f) subsection (4) does not apply to that application or those applications, as the case requires.
77B Further information
(1) If an application is made for the renewal of a spectrum licence, the ACMA may, by written notice given to the applicant, require the applicant to give the ACMA, within the period specified in the notice, further information in connection with the application.
(2) If the applicant breaches the requirement, the ACMA may, by written notice given to the applicant:
(a) refuse to consider the application; or
(b) refuse to take any action, or any further action, in relation to the application.
77C Renewal of spectrum licences
(1) When an application is made for the renewal of a spectrum licence, the ACMA may, without following the procedures determined under section 60, renew the licence by issuing to the applicant a new spectrum licence.
(2) Subsection (1) does not imply that the ACMA must renew the licence without the applicant:
(a) paying to the ACMA the spectrum access charge for issuing the new spectrum licence; or
(b) reaching an agreement with the ACMA for payment of that spectrum access charge.
(3) The ACMA must not renew the licence if the licence included a renewal statement to the effect that the licence cannot be renewed.
(4) If the licence included a renewal statement to the effect that the licence may be renewed at the discretion of the ACMA so long as specified circumstances exist, the ACMA must not renew the licence unless the ACMA is satisfied that the specified circumstances exist.
(5) The ACMA must not renew the licence by issuing a new spectrum licence that specifies a period for the purposes of subsection 65(2) that is 10 years or longer unless the ACMA is satisfied that it is in the public interest to do so.
(6) If the licence included a public interest statement, the ACMA must not renew the licence unless the ACMA is satisfied that it is in the public interest to do so.
(7) In deciding whether to renew the licence, the ACMA must have regard to:
(a) all matters that it considers relevant; and
(b) without limiting paragraph (a), the effect on radiocommunications of the proposed operation of the radiocommunications devices that would be authorised under the new spectrum licence.
(8) In deciding whether to renew the licence, the ACMA may have regard to the following matters:
(a) whether the applicant has an outstanding liability to pay an amount of:
(i) apparatus licence tax; or
(ii) spectrum licence tax; or
(iii) spectrum access charge; or
(iv) interim tax;
(b) whether the applicant has contravened a condition of the licence;
(c) whether the following conditions are satisfied:
(i) a person authorised by the applicant under section 68 in relation to the licence has contravened a condition of the licence;
(ii) the applicant was aware, or ought reasonably to have been aware, of the contravention;
(iii) the applicant failed to take reasonable steps to prevent the contravention;
(d) whether the applicant held another licence that was cancelled during the previous 2 years (otherwise than under section 87, 128B, 153H or 307).
(9) The new spectrum licence comes into force, or is taken to have come into force, immediately after the expiration of the licence that it replaces.
(10) The conditions of the new spectrum licence need not be the same as those of the licence that it replaces.
77D Notice of refusal to renew spectrum licence etc.
(1) If the ACMA:
(a) refuses to renew a spectrum licence; or
(b) renews a spectrum licence but not on the same conditions;
the ACMA must give the licensee a written notice stating that fact.
Note: Refusals to renew spectrum licences, and changes to licence conditions on renewal, are reviewable under Part 5.6.
(2) The notice under subsection (1) must state that:
(a) the licensee may request a statement of reasons for the decision; and
(b) a request must be made within 28 days of receipt of the notice.
(3) A person receiving a notice under subsection (1) may request a statement of reasons for the decision within 28 days of receiving the notice.
(4) If the ACMA receives a request in accordance with subsection (3), it must give the person a statement of reasons within 28 days of receipt of the request.
77E Application of other provisions
Subdivisions C and D of Division 1 apply to a spectrum licence issued under this Division in the same way that those Subdivisions apply to spectrum licences issued under Division 1.
45 Division 4 of Part 3.2 (heading)
Repeal the heading, substitute:
Division 4—Issuing further spectrum licences (otherwise than by way of renewal)
46 Section 78 (heading)
Repeal the heading, substitute:
78 Notice of spectrum licences that are about to expire
47 Section 79 (heading)
Repeal the heading, substitute:
79 Preparation of draft further spectrum licences
48 Section 80
Before “The”, insert “(1)”.
49 At the end of section 80
Add:
(2) To avoid doubt, subsection (1) of this section does not prevent or limit the variation, in accordance with subsection 33(3) of the Acts Interpretation Act 1901, of procedures determined under section 60 of this Act.
50 Section 81 (heading)
Repeal the heading, substitute:
81 Issue of further spectrum licences
51 Section 82
Repeal the section.
51A At the end of section 88
Add:
(3) The rules may confer a power to make a decision of an administrative character on the ACMA.
52 Subsection 96(2)
Omit “types”, substitute “kinds”.
53 Division 1 of Part 3.3 (heading)
Omit “Types”, substitute “Kinds”.
54 Subsections 97(2) and (3)
Repeal the subsections, substitute:
(2) A transmitter licence authorises:
(a) the person specified in the licence as the licensee; and
(b) subject to Division 4, any person authorised by that person under section 114;
to operate:
(c) specified radiocommunications transmitters; or
(d) radiocommunications transmitters of a specified kind; or
(e) if neither paragraph (c) nor (d) applies—radiocommunications transmitters of any kind.
(3) A receiver licence authorises:
(a) the person specified in the licence as the licensee; and
(b) subject to Division 4, any person authorised by that person under section 114;
to operate:
(c) specified radiocommunications receivers; or
(d) radiocommunications receivers of a specified kind; or
(e) if neither paragraph (c) nor (d) applies—radiocommunications receivers of any kind.
55 Subsection 98(2)
Repeal the subsection, substitute:
(2) Subsection (1) does not prevent the ACMA from issuing an apparatus licence that is not a transmitter licence or receiver licence of a type so determined.
56 Subsection 99(1)
Omit “in writing”.
57 Subsection 99(1)
Omit “of the type specified in the application”.
58 After subsection 99(1)
Insert:
(1A) The application must be made in a manner approved, in writing, by the ACMA.
59 Subsection 99(2)
After “approved”, insert “, in writing,”.
60 Subsection 99(3)
Repeal the subsection, substitute:
(3) The ACMA may approve different forms for different applications.
61 At the end of section 99
Add:
(4) An instrument under subsection (1A) is a notifiable instrument.
62 Subsection 100(1)
Omit “of the type applied for”.
63 Before subsection 100(5)
Insert:
(4C) In deciding whether to issue an apparatus licence, the ACMA may also have regard to the aggregate of the parts of the spectrum that, under transmitter licences or spectrum licences, may be used by the applicant.
64 After section 102F
Insert:
102G Limits on use of the spectrum
(1) The ACMA may, by legislative instrument:
(a) impose limits on the aggregate of the parts of the spectrum that:
(i) under spectrum licences; and
(ii) under existing transmitter licences; and
(iii) as a result of the allocation or issue of transmitter licences;
may be used by:
(iv) any one person; or
(v) a specified person; or
(b) impose limits on the aggregate of the parts of the spectrum that:
(i) under spectrum licences; and
(ii) under existing transmitter licences; and
(iii) as a result of the allocation or issue of transmitter licences;
may, in total, be used by the members of a specified group of persons.
Note: Persons or groups may be specified by name, by inclusion in a specified class or in any other way.
(2) A limit imposed as mentioned in subsection (1) may be expressed to apply in relation to any or all of the following:
(a) a specified part of the spectrum;
(b) a specified area;
(c) a specified population reach.
For example, a limit might specify an aggregate limit of 15 MHz per person in the band between 1800 MHz and 1900 MHz (inclusive) for a particular area. This subsection does not, by implication, limit subsection (1).
(3) An instrument that imposes limits as mentioned in subsection (1) may impose limits of nil in relation to specified persons or to the members of specified groups of persons.
(4) The Minister may, by notifiable instrument, give written directions to the ACMA in relation to the exercise of the power conferred by subsection (1).
(5) The ACMA must exercise its power under subsection (1) in a manner consistent with any directions given by the Minister under subsection (4).
(6) Before making an instrument under subsection (1), the ACMA must consult the ACCC about whether the instrument should impose limits and, if so, the nature of the limits.
(7) This section does not apply to:
(a) an apparatus licence issued under section 101A or 102; or
(b) a digital radio multiplex transmitter licence.
65 After section 103
Insert:
103A Renewal statements etc.
Renewal statement
(1) An apparatus licence issued after the commencement of this section may include:
(a) a statement to the effect that the licence cannot be renewed; or
(b) a statement to the effect that the licence may be renewed at the discretion of the ACMA so long as specified circumstances exist.
(2) A statement mentioned in paragraph (1)(a) or (b) is to be known as a renewal statement.
(3) Circumstances specified under paragraph (1)(b) may be an act or omission by the ACMA.
(4) Subsection (3) does not limit paragraph (1)(b).
(5) The ACMA may, by legislative instrument, determine that each apparatus licence included in a specified class of apparatus licences is taken to include one of the following statements:
(a) a statement to the effect that the licence cannot be renewed;
(b) a statement to the effect that the licence may be renewed at the discretion of the ACMA so long as specified circumstances exist.
(6) A statement mentioned in paragraph (5)(a) or (b) is to be known as a renewal statement.
(7) Circumstances specified under paragraph (5)(b) may be an act or omission by the ACMA.
(8) Subsection (7) does not limit paragraph (5)(b).
(9) A determination under subsection (5) does not apply to an apparatus licence if a renewal statement is included in the licence under subsection (1).
Renewal application period
(10) If an apparatus licence includes a statement to the effect that the licence may be renewed at the discretion of the ACMA so long as specified circumstances exist, the licence must also include a statement to the effect that a specified period is the renewal application period for the licence.
(11) A statement mentioned in subsection (10) is to be known as a renewal application period statement.
(12) The ACMA may, by legislative instrument, determine that each apparatus licence included in a specified class of apparatus licences is taken to include a statement to the effect that a period ascertained in accordance with the determination is the renewal application period for the licence.
(13) A renewal application period for an apparatus licence must:
(a) begin at a time when the licence is in force; and
(b) end not later than 60 days after the licence is due to expire.
(14) A determination under subsection (12) does not apply to an apparatus licence if a renewal application period statement is included in the licence under subsection (10).
Public interest statement
(15) If an apparatus licence includes a statement to the effect that the licence may be renewed at the discretion of the ACMA so long as specified circumstances exist, the licence may also include a statement to the effect that the ACMA will not renew the licence unless the ACMA is satisfied that it is in the public interest to do so.
(16) A statement mentioned in subsection (15) is to be known as a public interest statement.
(17) The ACMA may, by legislative instrument, determine that each apparatus licence included in a specified class of apparatus licences is taken to include a statement to the effect that the ACMA will not renew the licence unless the ACMA is satisfied that it is in the public interest to do so.
(18) A statement mentioned in subsection (17) is to be known as a public interest statement.
Exceptions
(19) This section does not apply to:
(a) a transmitter licence issued under section 101A or 102; or
(b) a digital radio multiplex transmitter licence.
(20) Subsections (5) and (17) do not apply to a licence issued before the commencement of this section.
103B Variation of renewal statements etc. with agreement
(1) Subject to subsections (2), (3) and (4), the ACMA may, with the written agreement of the licensee of an apparatus licence, vary the licence by:
(a) varying the renewal statement included in the licence; or
(b) omitting the renewal statement included in the licence and substituting another renewal statement; or
(c) omitting the renewal statement included in the licence; or
(d) including a renewal statement in the licence; or
(e) varying the renewal application period statement included in the licence; or
(f) including a renewal application period statement in the licence; or
(g) omitting the public interest statement included in the licence.
(2) If the renewal statement is varied, the statement as varied must comply with the requirements of section 103A.
(3) If another renewal statement is substituted, the substituted renewal statement must comply with the requirements of section 103A.
(4) If a renewal statement is included in the licence, the statement must comply with the requirements of section 103A.
(5) If the renewal application period statement is varied, the statement as varied must comply with the requirements of section 103A.
(6) If a renewal application period statement is included in the licence, the statement must comply with the requirements of section 103A.
103C Variation of renewal statements etc. without agreement
(1) Subject to subsections (2), (3) and (4), the ACMA may, by written notice given to the licensee of an apparatus licence, vary the licence by:
(a) varying the renewal statement included in the licence; or
(b) omitting the renewal statement included in the licence and substituting another renewal statement; or
(c) omitting the renewal statement included in the licence; or
(d) including a renewal statement in the licence; or
(e) varying the renewal application period statement included in the licence; or
(f) including a renewal application period statement in the licence; or
(g) omitting the public interest statement included in the licence.
(2) If the renewal statement is varied, the statement as varied must comply with the requirements of section 103A.
(3) If another renewal statement is substituted, the substituted renewal statement must comply with the requirements of section 103A.
(4) If a renewal statement is included in the licence, the statement must comply with the requirements of section 103A.
(5) If the renewal application period statement is varied, the statement as varied must comply with the requirements of section 103A.
(6) If a renewal application period statement is included in the licence, the statement must comply with the requirements of section 103A.
66 Section 105
Repeal the section, substitute:
105 Restrictions on issuing apparatus licences
(1) Subject to subsection (3), if a spectrum licence authorises the operation of radiocommunications devices:
(a) at one or more frequencies; and
(b) within one or more areas;
the ACMA must not issue an apparatus licence that authorises the operation of radiocommunications devices:
(c) at those frequencies; and
(d) within those areas.
(2) Subject to subsection (3), if a marketing plan is in force in relation to the issue of a spectrum licence that authorises the operation of radiocommunications devices:
(a) at one or more frequencies; and
(b) within one or more areas;
the ACMA must not issue an apparatus licence that authorises the operation of radiocommunications devices:
(c) at those frequencies; and
(d) within those areas.
(3) The ACMA may issue an apparatus licence mentioned in subsection (1) or (2):
(a) to a body or person covered by any of paragraphs 27(1)(b) to (be) for the purpose of investigations or operations conducted by the body or person; or
(b) if it is satisfied that the special circumstances of the particular case justify the issuing of the licence.
105A Notice of apparatus licences that are about to expire
The ACMA may publish on its website a notice that:
(a) states where information may be obtained about:
(i) the apparatus licences that are included in a specified class and that will expire during a specified period; and
(ii) the parts of the spectrum to which the licences relate; and
(b) invites applications from persons who wish to have issued to them apparatus licences relating to those parts of the spectrum.
67 After paragraph 106(2)(b)
Insert:
(ba) may provide for eligibility requirements (if any) for prospective licensees; and
(bb) may provide for credits (if any) for prospective licensees; and
68 Subsections 106(3) and (4)
Repeal the subsections, substitute:
(3) A system so determined may:
(a) impose limits on the aggregate of the parts of the spectrum that:
(i) under spectrum licences; and
(ii) under existing transmitter licences; and
(iii) as a result of the allocation or issue of transmitter licences;
may be used by:
(iv) any one person; or
(v) a specified person; or
(b) impose limits on the aggregate of the parts of the spectrum that:
(i) under spectrum licences; and
(ii) under existing transmitter licences; and
(iii) as a result of the allocation or issue of transmitter licences;
may, in total, be used by the members of a specified group of persons.
Note: Persons or groups may be specified by name, by inclusion in a specified class or in any other way.
(4) A limit imposed as mentioned in subsection (3) may be expressed to apply in relation to any or all of the following:
(a) a specified part of the spectrum;
(b) a specified area;
(c) a specified population reach.
For example, a system might specify an aggregate limit of 15 MHz per person in the band between 1800 MHz and 1900 MHz (inclusive) for a particular area. This subsection does not, by implication, limit subsection (3).
(4A) A system that imposes limits as mentioned in subsection (3) may impose limits of nil in relation to specified persons or to the members of specified groups of persons.
69 Subsection 106(8)
Repeal the subsection.
70 Subsection 106(11)
After “with”, insert “any”.
71 After subsection 106(11)
Insert:
(11A) Before determining a price‑based allocation system under subsection (1), the ACMA must consult the ACCC about whether the system should impose limits as mentioned in subsection (3) and, if so, the nature of those limits.
72 After subsection 106(12)
Insert:
(12A) A price‑based allocation system determined under subsection (1) may confer a power to make a decision of an administrative character on a person or the ACMA.
73 At the end of section 106
Add:
(18) A determination under subsection (1) is a legislative instrument.
73A Paragraph 106A(2)(b)
Omit “Parts VII and IX”, substitute “the remaining provisions of that Act”.
73B Paragraph 114A(2)(b)
Omit “Parts VII and IX”, substitute “the remaining provisions of that Act”.
73C Section 115
Before “The ACMA”, insert “(1)”.
73D At the end of section 115
Add:
(2) A determination under subsection (1) may confer a power to make a decision of an administrative character on the ACMA.
73E Section 119
Before “The ACMA”, insert “(1)”.
73F At the end of section 119
Add:
(2) A determination under subsection (1) may confer a power to make a decision of an administrative character on a person.
74 Section 129
Repeal the section, substitute:
129 Applications for renewal of apparatus licences
(1) A licensee of an apparatus licence (other than a transmitter licence issued under section 101A or 102 or a non‑foundation digital radio multiplex transmitter licence) may apply to the ACMA for the licence to be renewed.
(2) If there is a renewal application period for the licence, the application must be made within the renewal application period.
(3) If there is no renewal application period for the licence, the application must be made within the period:
(a) beginning 6 months before the licence is due to expire; and
(b) ending 60 days after the licence expires.
(4) The application must:
(a) be made in a manner approved, in writing, by the ACMA; and
(b) be in a form approved, in writing, by the ACMA; and
(c) be accompanied by such information (if any) as is specified in an instrument under subsection (6); and
(d) be accompanied by such documents (if any) as are specified in an instrument under subsection (7).
(5) The ACMA may approve different forms for different applications.
(6) The ACMA may, by legislative instrument, specify information for the purposes of paragraph (4)(c).
(7) The ACMA may, by legislative instrument, specify documents for the purposes of paragraph (4)(d).
(8) An instrument under paragraph (4)(a) is a notifiable instrument.
(9) An approved form of application may provide for verification by statutory declaration of statements in applications.
Deemed applications
(10) If:
(a) the ACMA gives a person a notice that is expressed to be a licence renewal notice; and
(b) the notice relates to one or more apparatus licences held by the person; and
(c) in response to the notice, the person:
(i) pays to the ACMA (on behalf of the Commonwealth) the amount specified in the notice as the amount due; and
(ii) does so on or before the day specified in the notice as the payment due date;
then:
(d) if the notice relates to a single apparatus licence—the person is taken to have made an application under subsection (1) for the licence to be renewed; and
(e) if the notice relates to 2 or more apparatus licences—the person is taken to have made separate applications under subsection (1) for each of those licences to be renewed; and
(f) subsection (4) does not apply to that application or those applications, as the case requires.
129A Further information
(1) If an application is made for the renewal of an apparatus licence, the ACMA may, by written notice given to the applicant, require the applicant to give the ACMA, within the period specified in the notice, further information in connection with the application.
(2) If the applicant breaches the requirement, the ACMA may, by written notice given to the applicant:
(a) refuse to consider the application; or
(b) refuse to take any action, or any further action, in relation to the application.
75 Subsection 130(1)
After “made”, insert “for the renewal of an apparatus licence”.
76 After subsection 130(2B)
Insert:
(2C) The ACMA must not renew the licence if the licence included a renewal statement to the effect that the licence cannot be renewed.
(2D) If the licence included a renewal statement to the effect that the licence may be renewed at the discretion of the ACMA so long as specified circumstances exist, the ACMA must not renew the licence unless the ACMA is satisfied that the specified circumstances exist.
(2E) The ACMA must not renew the licence by issuing a new apparatus licence that specifies a period for the purposes of subsection 103(2) that is 10 years or longer unless the ACMA is satisfied that it is in the public interest to do so.
(2F) If the licence included a public interest statement, the ACMA must not renew the licence unless the ACMA is satisfied that it is in the public interest to do so.
77 Paragraph 130(3)(b)
Omit “subsection 100(5)”, substitute “subsections 100(4C) and (5)”.
78 After subsection 130(3)
Insert:
(3A) In deciding whether to renew the licence, the ACMA may have regard to the following matters:
(a) whether the applicant has an outstanding liability to pay an amount of:
(i) apparatus licence tax; or
(ii) spectrum licence tax; or
(iii) spectrum access charge; or
(iv) interim tax;
(b) whether the applicant has contravened a condition of the licence;
(c) whether the following conditions are satisfied:
(i) a person authorised by the applicant under section 114 in relation to the licence has contravened a condition of the licence;
(ii) the applicant was aware, or ought reasonably to have been aware, of the contravention;
(iii) the applicant failed to take reasonable steps to prevent the contravention;
(d) whether the applicant held another licence that was cancelled during the previous 2 years (otherwise than under section 87, 128B, 153H or 307).
79 Subsection 131AA(3)
Repeal the subsection, substitute:
(3) The ACMA may approve different forms for different applications.
79A Section 131AC
Before “The ACMA”, insert “(1)”.
79B At the end of section 131AC
Add:
(2) A determination under subsection (1) may confer a power to make a decision of an administrative character on the ACMA.
79C At the end of section 133
Add:
(3) A condition included in a class licence may confer a power to make a decision of an administrative character on a person or the ACMA.
80 Subsection 138(1)
Repeal the subsection, substitute:
(1) If a spectrum licence authorises the operation of radiocommunications devices:
(a) at one or more frequencies; and
(b) within one or more areas;
the ACMA must not issue a class licence that authorises the operation of radiocommunications devices:
(c) at those frequencies; and
(d) within those areas;
unless subsection (2) is satisfied.
(1A) If a marketing plan is in force in relation to the issue of a spectrum licence that authorises the operation of radiocommunications devices:
(a) at one or more frequencies; and
(b) within one or more areas;
the ACMA must not issue a class licence that authorises the operation of radiocommunications devices:
(c) at those frequencies; and
(d) within those areas;
unless subsection (2) is satisfied.
81 Subsection 138(2)
After “a class licence”, insert “to which subsection (1) or (1A) applies”.
Section 155 of the Competition and Consumer Act 2010 has effect, after the commencement of this item, as if:
(a) a matter that constitutes, or may constitute, a contravention of repealed Division 4A of Part 3.3 of the Radiocommunications Act 1992 were a matter referred to in subsection (2) of that section; and
(b) a reference in that section to a designated communications matter included a reference to the performance of a function, or the exercise of a power, conferred on the Australian Competition and Consumer Commission by or under repealed Division 4A of Part 3.3 of the Radiocommunications Act 1992.
108 Transitional—section 155AAA of the Competition and Consumer Act 2010
Section 155AAA of the Competition and Consumer Act 2010 has effect, after the commencement of this item, as if a reference in that section to protected information included a reference to information that was obtained by the Australian Competition and Consumer Commission under repealed section 118C or 118G of the Radiocommunications Act 1992.
Schedule 10—Public inquiries
Part 1—Amendment of the Radiocommunications Act 1992
Radiocommunications Act 1992
1 Subsection 231(3)
Repeal the subsection.
2 Part 5.2
Repeal the Part.
Part 2—Other amendments
Australian Communications and Media Authority Act 2005
3 Section 3 (definition of inquiry)
Repeal the definition, substitute:
inquiry means an inquiry held, or proposed to be held, by the ACMA under Part 25 of the Telecommunications Act 1997.
4 Paragraph 4(2)(b)
Repeal the paragraph.
Schedule 11—Duration of licences
Radiocommunications Act 1992
1 Subsection 65(3)
Omit “15 years”, substitute “20 years”.
2 Subsection 103(3)
Omit “5 years”, substitute “20 years”.
Endnotes
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.
Endnote 2—Abbreviation key
| ad = added or inserted | o = order(s) |
| am = amended | Ord = Ordinance |
| amdt = amendment | orig = original |
| c = clause(s) | par = paragraph(s)/subparagraph(s) |
| C[x] = Compilation No. x | /sub‑subparagraph(s) |
| Ch = Chapter(s) | pres = present |
| def = definition(s) | prev = previous |
| Dict = Dictionary | (prev…) = previously |
| disallowed = disallowed by Parliament | Pt = Part(s) |
| Div = Division(s) | r = regulation(s)/rule(s) |
| ed = editorial change | reloc = relocated |
| exp = expires/expired or ceases/ceased to have | renum = renumbered |
| effect | rep = repealed |
| F = Federal Register of Legislation | rs = repealed and substituted |
| gaz = gazette | s = section(s)/subsection(s) |
| LA = Legislation Act 2003 | Sch = Schedule(s) |
| LIA = Legislative Instruments Act 2003 | Sdiv = Subdivision(s) |
| (md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
| effect | SR = Statutory Rules |
| (md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |
| cannot be given effect | SubPt = Subpart(s) |
| mod = modified/modification | underlining = whole or part not |
| No. = Number(s) | commenced or to be commenced |
Endnote 3—Legislation history
| Act | Number and year | Assent | Commencement | Application, saving and transitional provisions |
| Radiocommunications Legislation Amendment (Reform and Modernisation) Act 2020 | No. 151, 2020 | 17 Dec 2020 | Sch 1–3, Sch 4 (items 1–35, 37–52), Sch 5, Sch 6 (items 1–38, 41–49) and Sch 7–11: 17 June 2021 (s 2(1) items 2–4, 6–8, 10, 12, 13) Sch 4 (item 36) and Sch 6 (items 39, 40): 1 Sept 2021 (s 2(1) items 5, 9) Sch 6 (item 50): 18 Dec 2020 (s 2(1) item 11) Remainder: 17 Dec 2020 (s 2(1) item 1) |
Endnote 4—Amendment history
| Provision affected | How affected |
| s 2........................................ | ed C1 |
| Schedule 4 | |
| Part 2 | |
| Part 2 heading...................... | ed C1 |
| Schedule 6 | |
| Part 3 | |
| Part 3 heading...................... | ed C1 |
Endnote 5—Editorial changes
In preparing this compilation for registration, the following kinds of editorial change(s) were made under the Legislation Act 2003.
Kind of editorial change
Updates to references of a law or a provision
Details of editorial change
This compilation was editorially changed to update references from the Federal Circuit and Family Court of Australia Act 2020 to the Federal Circuit and Family Court of Australia Act 2021 (wherever occurring).
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