Notification of proposal to revoke the Radiocommunications (Radionavigaton-Satellite Service) Class Licence 2015

Overview

The Australian Communications and Media Authority (ACMA) has issued a notice under subsection 136(2) of the Radiocommunications Act 1992, proposing the revocation of the Radiocommunications (Radionavigation Satellite-Service) Class Licence 2015. This licence currently authorises the use of radionavigation-satellite service (RNSS) receivers, commonly known as GPS devices, within specified shared frequency bands. The revocation is due to the sunsetting provision in the Legislation Act 2003, which mandates the automatic repeal of certain legislative instruments approximately 10 years after their registration on the Federal Register of Legislation. The RNSS Class Licence is set to sunset on 1 October 2025 unless it is revoked and remade beforehand to preserve its effect. The ACMA aims to revoke and remake the licence with minor amendments to maintain its ongoing effect. Interested parties are invited to submit representations regarding this proposal by 5 pm [AEST] on Friday, 9 May 2025.

Scope and Application

The Radiocommunications (Radionavigation-Satellite Service) Class Licence 2015, administered under the Radiocommunications Act 1992, pertains to the use of radionavigation-satellite service (RNSS) receivers, commonly known as Global Positioning System (GPS) devices, in specified shared frequency bands. The RNSS Class Licence provides a standing authorisation for any person to operate RNSS receivers for receiving RNSS radiocommunications, provided they comply with the conditions set out in the licence. The Act applies to any person or entity using RNSS receivers in Australia, ensuring compliance with the prescribed frequency bands and operational conditions. The jurisdiction of the Act is Commonwealth, extending across the entire nation. Notably, the RNSS Class Licence will sunset on 1 October 2025, as per the provisions of the Legislation Act 2003, which mandates the automatic repeal of certain legislative instruments approximately 10 years after their registration on the Federal Register of Legislation. To preserve the effect of this licence, the Australian Communications and Media Authority (ACMA) proposes to revoke and remake it in substantially the same form, with minor amendments, before the sunset date. Interested parties are invited to provide representations on this proposal, with the deadline for submissions being 5 pm [AEST], Friday 9 May 2025.

Key Provisions

The Radiocommunications Act 1992 (the Act) provides the framework for the regulation of radiocommunications in Australia. Under this Act, the Australian Communications and Media Authority (ACMA) has proposed to revoke the Radiocommunications (Radionavigation Satellite-Service) Class Licence 2015 (RNSS Class Licence) (section 136(2)). This licence currently allows the use of radionavigation-satellite service (RNSS) receivers, commonly known as Global Positioning System (GPS) devices, in specified frequency bands by any person, provided they comply with the conditions outlined in the licence (section 136). The revocation of this licence is due to the impending sunsetting process as outlined in the Legislation Act 2003 (LA), which mandates the automatic repeal of certain legislative instruments after approximately 10 years from their registration on the Federal Register of Legislation (section 49 of the LA). The RNSS Class Licence is set to sunset on 1 October 2025, unless revoked and remade beforehand. The ACMA’s proposal to revoke the RNSS Class Licence and subsequently remake it is intended to preserve its ongoing effect. This action is necessary to ensure that the licence remains in force and continues to regulate the use of RNSS receivers in Australia. The proposed new instrument is currently under consultation, with interested parties invited to review and provide feedback on the changes. The ACMA has provided detailed information on the consultation process and the proposed new instrument on their website (https://www.acma.gov.au/consultations/2025-04/remaking-sunsetting-radionavigation-satellite-service-class-licence). Additionally, the RNSS Class Licence is available for review on the Federal Register of Legislation (https://www.legislation.gov.au/F2015L01510). The revocation and remaking of the RNSS Class Licence impose specific obligations on the parties governed by this licence. These parties must ensure that their use of RNSS receivers complies with the conditions of the licence, both before and after the proposed changes. The ACMA is inviting representations from interested parties regarding the proposed revocation, requiring them to submit their comments in writing by 5 pm [AEST] on Friday, 9 May 2025, either by post to The Manager, Space Systems Section, Australian Communications and Media Authority, PO Box 78, Belconnen ACT 2616, or by email to satellite.coordination@acma.gov.au. This process ensures that all stakeholders have an opportunity to voice their concerns and suggestions before the new instrument is finalised. Failure to comply with the provisions of the Radiocommunications Act 1992 or the conditions set out in the RNSS Class Licence may result in various consequences. The Act does not explicitly state the specific offences, penalties, or civil/criminal consequences for breach. However, any non-compliance with the regulations governing radiocommunications could potentially lead to enforcement actions by the ACMA. These actions may include fines, penalties, or other regulatory measures aimed at ensuring adherence to the legal requirements. The exact penalties would depend on the nature and severity of the breach, and would be determined in accordance with the relevant provisions of the Act and any other applicable laws.