Radiocommunications Advisory Guidelines (Registration of Devices under Spectrum Licences without an Interference Impact Certificate) Revocation Instrument 2012

Administered by Department of Communications and the Arts

Legislation au F2012L01720 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

 

Issued by the Australian Communications and Media Authority

 

Radiocommunications Advisory Guidelines (Registration of Devices under Spectrum Licences without an Interference Impact Certificate) Revocation Instrument 2012

 

Radiocommunications Act 1992

 

Purpose

 

The purpose of the Radiocommunications Advisory Guidelines (Registration of Devices under Spectrum Licences without an Interference Impact Certificate) Revocation Instrument 2012 (the Instrument) is to revoke the Radiocommunications Advisory Guidelines (Registration of Devices under Spectrum Licences without an Interference Impact Certificate) 1998 (the Guidelines). 

 

Legislative Provisions

 

The Instrument is made under section 262 of the Radiocommunications Act 1992 (the Act) which provides that the Australian Communications and Media Authority (the ACMA) may make written advisory guidelines about any aspect of radiocommunication or radio emissions.

 

Subsection 33(3) of the Acts Interpretation Act 1901 provides that where an Act confers a power to make an instrument, that power shall, unless the contrary intention appears, be construed as including a power exercisable in a like manner and subject to like conditions, to revoke that instrument.

 

The Instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.

 

Operation

 

The Instrument revokes the Guidelines which were made by the ACMA under section 262 of the Act.

 

The Guidelines provide guidance on the use of guard space and agreements for the registration of radiocommunications transmitters under the Act.  Under the Radiocommunications (section 145(3) Certificates) Determination 2000, one of the conditions applicable to the issue of certificates under subsection 145(3) of the Act was that an accredited person was satisfied that sufficient internal guard space was allocated to mitigate potential interference in accordance with the Guidelines.  As part of the ACMA’s review of the spectrum licence regulatory framework, the Radiocommunications (section 145(3) Certificates) Determination 2000 will be revoked and replaced with a new determination under section 266A setting out an updated set of conditions for the issue of certificates under subsection 145(3). The new determination will no longer contain a condition that allows for certificates to be issued if compliance with the Guidelines is demonstrated. 

As a result of these amendments, the ACMA seeks to revoke the Guidelines.

 

The ACMA has published an information paper, Registration of radiocommunications devices under spectrum licences which provides licensees with additional information on the use of guard space and agreements for the registration of radiocommunications transmitters. It replicates much of the information in the Guidelines, but has been expanded to also provide details of all mechanisms for device registration.  It also details the methodology for registering a device under a spectrum licence. The information paper is available on the ACMA website – www.acma.gov.au.

 

Consultation

 

The ACMA has undertaken significant consultation with stakeholders about its plans to update the spectrum licence framework. 

 

In March 2012, the ACMA released a consultation paper, Proposed updates to the spectrum licence framework. Among a number of regulatory and administrative changes, the consultation paper proposed changes to the device registration requirements for radiocommunications transmitters operating under a spectrum licence. A part of the proposed changes was the revocation of the Guidelines and the making of an information paper to replace the Guidelines.

 

There were three submissions received in response to the consultation paper. None of the submissions made comment on the proposed revocation of the Guidelines or objected to the revocation of the Guidelines.  

 

All written submissions from this consultation are available on the ACMA’s website at www.acma.gov.au.

 

Statement of compatibility with human rights

 

Subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011 requires the rule maker in relation to a legislative instrument to which section 42 (disallowance) of the Legislative Instruments Act 2003 applies to cause a statement of compatibility to be prepared in respect of that legislative instrument. This statement is in Attachment B.

 

Regulatory Impact

 

The ACMA has consulted with the Office of Best Practice Regulation (the OBPR) on the requirement for a Regulation Impact Statement (RIS) for this legislative instrument. The OBPR advised that these Advisory Guidelines did not warrant the preparation of a RIS (OBPR ID 14062).

 

Documents incorporated by reference

None

 

Detailed Description of the Instrument

 

Details of the Instrument are set out in Attachment A.

 

 

 

 

 


ATTACHMENT A

 

 

DETAILS OF THE RADIOCOMMUNICATIONS ADVISORY GUIDELINES (REGISTRATION OF DEVICES UNDER SPECTRUM LICENCES WITHOUT AN INTERFERENCE IMPACT CERTIFICATE) REVOCATION INSTRUMENT 2012

 

Section 1 – Name of Instrument

 

This section provides that the name of the Instrument is the Radiocommunications Advisory Guidelines (Registration of Devices under Spectrum Licences without an Interference Impact Certificate) Revocation Instrument 2012.

 

Section 2 - Commencement

 

This section states that the Instrument will commence on the day after it is registered on the Federal Register of Legislative Instruments. 

 

Section 3 – Revocation of Radiocommunications Advisory Guidelines (Registration of Devices under Spectrum Licences without an Interference Impact Certificate) 1998

 

This section revokes the Radiocommunications Advisory Guidelines (Registration of Devices under Spectrum Licences without an Interference Impact Certificate) 1998. 

 

 


ATTACHMENT B

 

 

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

 

Radiocommunications Advisory Guidelines (Registration of Devices under Spectrum Licences without an Interference Impact Certificate) Revocation Instrument 2012

 

 

This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the Legislative Instrument

 

Section 262 of the Radiocommunications Act 1992 (the Act) provides that the ACMA may make written advisory guidelines about any aspect of radiocommunication or radio emissions. Under subsection 33(3) of the Acts Interpretation Act 1901, the power to make an instrument includes the power, exercisable in a like manner and subject to like conditions, to revoke that instrument.

 

The Radiocommunications Advisory Guidelines (Registration of Devices under Spectrum Licences without an Interference Impact Certificate) Revocation Instrument 2012 (the Instrument) revokes the Radiocommunications Advisory Guidelines (Registration of Devices under Spectrum Licences without an Interference Impact Certificate)1998. (the Guidelines). As a result of significant changes to the device registration process for radiocommunications transmitters under the Act, the Guidelines are no longer considered necessary.

 

Subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011 requires the rule‑maker in relation to a legislative instrument to which section 42 (disallowance) of the Legislative Instruments Act 2003 applies to cause a statement of compatibility to be prepared in respect of that legislative instrument.

 

The Instrument is a legislative instrument that is subject to disallowance under section 42 of the Legislative Instruments Act 2003.

 

Human Rights Implications

 

The Instrument does not engage any of the applicable rights or freedoms.

 

Conclusion

 

The Instrument is compatible with human rights as it does not raise any human rights issues.

 

 

Overview

The Radiocommunications Advisory Guidelines (Registration of Devices under Spectrum Licences without an Interference Impact Certificate) Revocation Instrument 2012 was enacted to revoke the Radiocommunications Advisory Guidelines (Registration of Devices under Spectrum Licences without an Interference Impact Certificate) 1998. The revocation of these guidelines was a response to significant changes in the device registration process for radiocommunications transmitters under the Radiocommunications Act 1992. The Australian Communications and Media Authority (ACMA), which is responsible for making advisory guidelines under section 262 of the Act, sought to update the spectrum licence regulatory framework to better align with contemporary requirements. The policy objective of the Instrument was to ensure that the regulatory framework remains current and effective in managing radiocommunications and radio emissions in Australia. The revocation of the guidelines was part of this broader effort to streamline and modernise the spectrum licensing process.

Scope and Application

The Radiocommunications Advisory Guidelines (Registration of Devices under Spectrum Licences without an Interference Impact Certificate) Revocation Instrument 2012 (the Instrument) applies to the revocation of the Radiocommunications Advisory Guidelines (Registration of Devices under Spectrum Licences without an Interference Impact Certificate) 1998 (the Guidelines), which were advisory guidelines issued by the Australian Communications and Media Authority (ACMA) under section 262 of the Radiocommunications Act 1992 (the Act). The Act itself provides the ACMA with the authority to issue written advisory guidelines about any aspect of radiocommunication or radio emissions. The Instrument revokes the Guidelines due to significant changes in the device registration process for radiocommunications transmitters under the Act, rendering the Guidelines obsolete. The revocation of the Guidelines is part of the ACMA's broader review of the spectrum licence regulatory framework. The Instrument is a legislative instrument subject to disallowance under section 42 of the Legislative Instruments Act 2003. In accordance with the Human Rights (Parliamentary Scrutiny) Act 2011, a statement of compatibility with human rights has been prepared, confirming that the Instrument does not engage any of the applicable rights or freedoms and is thus compatible with human rights.

Key Provisions

The Radiocommunications Advisory Guidelines (Registration of Devices under Spectrum Licences without an Interference Impact Certificate) Revocation Instrument 2012 (the Instrument) is designed to revoke the existing Radiocommunications Advisory Guidelines (Registration of Devices under Spectrum Licences without an Interference Impact Certificate) 1998 (the Guidelines), which provided guidance on the use of guard space and agreements for the registration of radiocommunications transmitters under the Radiocommunications Act 1992 (the Act) (section 3). This revocation is pursuant to the power granted by section 262 of the Act, which allows the Australian Communications and Media Authority (ACMA) to issue advisory guidelines concerning any aspect of radiocommunication or radio emissions. The Guidelines are deemed unnecessary following significant changes to the device registration process for radiocommunications transmitters under the Act, including the planned revocation of the Radiocommunications (section 145(3) Certificates) Determination 2000 and the introduction of a new determination under section 266A of the Act. The Instrument imposes the obligation on the ACMA to ensure that the Guidelines are revoked and no longer in effect. This includes updating any related documentation or references to the Guidelines in compliance with the new regulatory framework. Additionally, the ACMA is required to ensure that all stakeholders, including spectrum licence holders, are informed of the revocation through the publication of an information paper titled "Registration of radiocommunications devices under spectrum licences" (section 3). This paper provides additional information on the use of guard space and agreements for the registration of radiocommunications transmitters and is available on the ACMA website. Any breach of the Instrument may not inherently constitute an offence under the Act; however, failure to comply with the requirements to revoke the Guidelines and inform stakeholders may lead to administrative consequences. The revocation of the Guidelines itself does not impose direct penalties, but any resultant confusion or non-compliance with updated regulatory requirements could lead to enforcement actions under the Radiocommunications Act. For instance, non-compliance with the updated conditions for the issue of certificates under section 145(3) of the Act could result in enforcement actions or penalties as specified in the Act, including fines and other administrative measures.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.