Notification of proposal to revoke the Radiocommunications (Cellular Mobile Telecommunications Devices) Class Licence 2014

Overview

The Australian Communications and Media Authority (ACMA) has issued a notice under subsection 136(2) of the Radiocommunications Act 1992 regarding the proposal to revoke the Radiocommunications (Cellular Mobile Telecommunications Devices) Class Licence 2014. This licence, which authorises the operation of various radiocommunications devices such as cellular phone handsets and data devices, is set to sunset on 1 April 2025 as per the provisions of the Legislation Act 2003. To ensure its continued effect, the ACMA proposes to revoke and remake the Cellular Devices Class Licence in substantially the same form. The authority is currently consulting on the proposed new instrument to replace the existing licence, inviting representations from interested parties by 1 December 2023. This process aims to keep the legislative instruments up-to-date and in force only as long as they are needed, as outlined in section 49 of the Legislation Act 2003.

Scope and Application

The Radiocommunications Act 1992 provides the framework within which the Australian Communications and Media Authority (ACMA) operates, including its authority to issue and revoke class licences such as the Radiocommunications (Cellular Mobile Telecommunications Devices) Class Licence 2014. This particular class licence applies to a wide range of entities, including individuals and businesses that use radiocommunications devices for mobile telecommunications, such as cellular phone handsets, fixed and mobile data devices, eftpos machines, and monitoring devices. The scope of the licence extends to any device that communicates with a station authorised under a public telecommunications service transmitter licence, and it is subject to specific operational and technical conditions. The proposed revocation and subsequent remake of the Cellular Devices Class Licence are driven by the sunsetting provisions of the Legislation Act 2003, which mandates the automatic repeal of certain legislative instruments after approximately 10 years to ensure they remain relevant and necessary. The revocation aims to preserve the ongoing effect of the class licence, and interested parties are invited to submit their views on the proposed changes by 1 December 2023.

Key Provisions

The Australian Communications and Media Authority (ACMA) has issued a notice under subsection 136(2) of the Radiocommunications Act 1992 (the Act) that it proposes to revoke the Radiocommunications (Cellular Mobile Telecommunications Devices) Class Licence 2014 (Cellular Devices Class Licence) (section 136(2)). The Cellular Devices Class Licence currently allows the operation of radiocommunications devices that connect with a station authorised under a public telecommunications service transmitter licence, and it sets out conditions for operational requirements and technical parameters (subsection 136(1)). Devices that operate under this Class Licence include cellular phone handsets and various fixed and mobile data devices, such as eftpos machines and monitoring devices (subsection 136(1)). The ACMA proposes to revoke the Cellular Devices Class Licence to prevent it from automatically sunsetting on 1 April 2025, as stipulated in the Legislation Act 2003 (subsection 136(1)). The revocation of the Cellular Devices Class Licence is necessary to ensure the continued operation and regulation of the specified radiocommunications devices, as the legislation provides for the automatic repeal of certain instruments approximately 10 years after their registration (section 49 of the LA). To maintain the effect of the Class Licence, the ACMA intends to remake it substantially as it currently stands (subsection 136(1)). The ACMA is currently engaging in consultations to draft the new instrument that will replace the Cellular Devices Class Licence (subsection 136(1)). This notice informs interested parties of the ACMA's intention to revoke and remake the Cellular Devices Class Licence (subsection 136(1)). Section 136 of the Act requires the ACMA to invite representations about the proposal to revoke the Cellular Devices Class Licence (subsection 136(1)). The Cellular Devices Class Licence and the proposed new instrument, along with the associated consultation paper, are available for review (subsection 136(1)). Interested parties are invited to submit written representations about the proposed revocation by 1 December 2023, either by post to the ACMA's Wireless Broadband Section or via email to freqplan@acma.gov.au (subsection 136(1)). Copies of the relevant documents can also be obtained from the ACMA's Melbourne Office using the provided contact details (subsection 136(1)). Failure to comply with the provisions of the Act or the Cellular Devices Class Licence may result in various civil or criminal consequences. Under the Radiocommunications Act 1992, unauthorised use of radiocommunications devices could lead to penalties, including fines and imprisonment (subsection 136(1)). The specific penalties for breaches are determined by the relevant courts and can vary depending on the nature and severity of the offence (subsection 136(1)). The ACMA is responsible for enforcing the Act and ensuring compliance with the conditions set out in the Cellular Devices Class Licence (subsection 136(1)). The maximum penalties for breaches are outlined in the relevant sections of the Radiocommunications Act 1992 (subsection 136(1)).