Radiocommunications (Approval of Manner of Applications – Apparatus Licence Issue and Renewal) Instrument 2021

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2021N00099 In force Notifiable Instrument

Legislation content

 

Radiocommunications (Approval of Manner of Applications – Apparatus Licence Issue and Renewal) Instrument 2021

 

The Australian Communications and Media Authority makes the following instrument under subsection 99(1A) and paragraph 129(4)(a) of the Radiocommunications Act 1992.

Dated: 20 May 2021

James Cameron

[signed]

Member

 

Brendan Byrne

[signed]

Member/General Manager

 

Australian Communications and Media Authority

 

 

 

 

 

1  Name

  This is the Radiocommunications (Approval of Manner of Applications – Apparatus Licence Issue and Renewal) Instrument 2021.

2  Commencement

  This instrument commences on the later of:

 (a) the same time as Schedule 3 to the Radiocommunications Legislation Amendment (Reform and Modernisation) Act 2020 commences;

 (b) the day after the day the instrument is registered on the Federal Register of Legislation.

Note 1: The Federal Register of Legislation may be accessed, free of charge, at www.legislation.gov.au.

Note 2: This instrument is a notifiable instrument.

3  Authority

  This instrument is made under subsection 99(1A) and paragraph 129(4)(a) of the Radiocommunications Act 1992.

4  Definitions

  In this instrument:

ACMA’s website means the website with the address https://www.acma.gov.au.

Act means the Radiocommunications Act 1992.

application form means a form approved under subsection 99(2) of the Act.

renewal form means a form approved under paragraph 129(1)(b) of the Act.

Note 1: An application form or a renewal form may be a paper-based form, or an electronic copy of the form. An application form may also be a web-based form.

Note 2: Other terms used in this instrument have the meaning given by the Act, including accredited person.

5  References to other instruments

  In this instrument, unless the contrary intention appears:

 (a) a reference to a legislative instrument is a reference to that legislative instrument as in force from time to time; and

 (b) a reference to any other kind of instrument or writing is a reference to that other instrument or writing as in force or existing from time to time.

Note 1: For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to notifiable instruments.

Note 2: All Commonwealth Acts, legislative instruments and notifiable instruments are registered on the Federal Register of Legislation.

Note 3: See section 314A of the Act.

6  Approval of manner of application – application for licence issue

 (1) For the purposes of subsection 99(1A) of the Act, the ACMA approves each manner that is set out in this section for making an application under subsection 99(1) of the Act.

Paper-based application

 (2) A person may send a completed application form, on paper, to the ACMA.

 (3) A person (the applicant) may arrange for an accredited person to send a completed application form, on paper, to the ACMA on behalf of the applicant.

Web-based application – generally

 (4) A person may use the ACMA’s website:

 (a) to complete the application form; and

 (b) to submit the completed application form;

  by uploading the information entered into the application form located on the ACMA’s website.

Web-based application – accredited persons

 (5) A person (the applicant) may arrange for an accredited person to apply under subsection 99(1) of the Act on behalf of the applicant in accordance with subsection (6).

 (6) The accredited person, on behalf of the applicant, may use the ACMA’s website:

 (a) to complete the application form; and

 (b) to submit the completed application form;

  by:

 (c) uploading the information entered into the application form located on the ACMA’s website; or

 (d) using the system known as Intellidox; or

 (e) using the system known as the ACMA Lodgement Facility.

Note: A person who is not an accredited person cannot use Intellidox or the ACMA Lodgment Facility to complete an application form and submit it for the purposes of subsection 99(1) of the Act.

 (7) An accredited person, on their own behalf, may use the ACMA’s website:

 (a) to complete the application form; and

 (b) to submit the completed application form;

  by:

 (c) uploading the information entered into the application form located on the ACMA’s website; or

 (d) using the system known as Intellidox; or

 (e) using the system known as the ACMA Lodgement Facility.

Note: A person who is not an accredited person cannot use Intellidox or the ACMA Lodgement Facility to complete an application form and submit it for the purposes of subsection 99(1) of the Act.

Email application

 (8) A person may send, by email, an electronic copy of a completed application form to the ACMA.

 (9) A person (the applicant) may arrange for an accredited person to send, by email, an electronic copy of a completed application form to the ACMA.

 (10) For subsection (8) and (9), if the completed application form is an attachment to the email, the completed application form must be in Word format or Portable Document Format (PDF).

Accredited persons

 (11) For the purposes of this section, an accredited person must have accreditation of the kind specified in legislative rules made for the purposes of subsection 100(4A) of the Act.

7  Approval of manner of application – application for licence renewal

 (1) For the purposes of paragraph 129(4)(b) of the Act, the ACMA approves each manner that is set out in this section for making an application under subsection 129(1) of the Act.

Note: This section does not affect the operation of subsection 129(10) of the Act, which deems an application for renewal to be made in certain circumstances.

Paper-based application

 (2) A person may send a completed renewal form, on paper, to the ACMA.

Email application

 (3) A person may send, by email, an electronic copy of a completed renewal form to the ACMA.

 (4) For subsection (3), if the completed renewal form is an attachment to the email, the completed renewal form must be in Word format or Portable Document Format (PDF).

Note: Supporting or reference material may be provided in another format (eg, Excel format).

Overview

The Radiocommunications (Approval of Manner of Applications – Apparatus Licence Issue and Renewal) Instrument 2021, enacted under the authority of the Radiocommunications Act 1992, was introduced to modernise and streamline the application processes for apparatus licences by the Australian Communications and Media Authority (ACMA). The instrument aims to facilitate more efficient and flexible application procedures, encompassing both initial licence applications and renewals, while ensuring compliance with existing legislative requirements. The policy objective behind this instrument is to enhance the accessibility and usability of the application process for stakeholders by providing multiple methods of submission, including paper-based, web-based, and email applications. This notifiable instrument, which commenced on the later of the specified commencement date in the Radiocommunications Legislation Amendment (Reform and Modernisation) Act 2020 or the day after registration on the Federal Register of Legislation, underscores ACMA’s commitment to adapting to technological advancements and user convenience in the regulatory framework governing radiocommunications in Australia.

Scope and Application

The Radiocommunications (Approval of Manner of Applications – Apparatus Licence Issue and Renewal) Instrument 2021 applies to the procedures for making applications for the issue and renewal of apparatus licences under the Radiocommunications Act 1992. This instrument governs the manner in which applications can be submitted to the Australian Communications and Media Authority (ACMA), including the acceptance of paper-based, web-based, and email submissions. Accredited persons, who must be accredited under legislative rules made under the Act, have additional options for submitting applications, such as using the Intellidox or ACMA Lodgement Facility systems, which are not available to non-accredited persons. This instrument applies nationally across Australia and came into effect on the later of the commencement date of Schedule 3 to the Radiocommunications Legislation Amendment (Reform and Modernisation) Act 2020 or the day after the instrument was registered on the Federal Register of Legislation. The instrument does not specify any exclusions, exemptions, or thresholds, but it does note that the approved manners of application are subject to change through subordinate instruments made under the Act.

Key Provisions

The Radiocommunications (Approval of Manner of Applications – Apparatus Licence Issue and Renewal) Instrument 2021 (section 1) specifies the approved methods for making applications for the issuance and renewal of apparatus licences under the Radiocommunications Act 1992. The instrument allows for both paper-based and electronic methods of application, including web-based submissions through the Australian Communications and Media Authority's (ACMA) website (section 6(4)) and email submissions (sections 6(8) and 6(9)). For renewal applications, the methods permitted include paper-based submissions (section 7(2)) and email submissions (sections 7(3) and 7(4)). Accredited persons, defined in section 4, have additional submission options, such as using systems like Intellidox and the ACMA Lodgement Facility (section 6(5) and (7)). These approved methods aim to provide flexibility and convenience for applicants. The Act imposes obligations on applicants and accredited persons to ensure that their applications for apparatus licence issuance and renewal comply with the specified methods and formats. For instance, applicants must ensure that any paper-based submissions are completed and sent to the ACMA, while electronic submissions must adhere to specified formats such as Word or PDF (sections 6(8), 6(9), 7(3), and 7(4)). Accredited persons must have the appropriate accreditation as specified in the legislative rules (section 6(11)). These requirements are designed to streamline the application process and maintain the integrity and efficiency of the licensing system. There are no explicit provisions in the Radiocommunications (Approval of Manner of Applications – Apparatus Licence Issue and Renewal) Instrument 2021 that outline specific offences, penalties, or consequences for breach. The instrument focuses primarily on defining the approved methods for making applications and does not detail sanctions for non-compliance with these methods. However, any breach of the Radiocommunications Act 1992 or other related provisions could potentially result in penalties as prescribed in those statutes, although these are not detailed within the instrument itself. The focus remains on ensuring that the application process is clear and accessible while adhering to the specified formats and methods.

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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.