Radiocommunications (Datacasting Transmitter Licence Allocation) Revocation Determination 2012

Administered by Department of Communications and the Arts

Legislation au F2012L02172 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

Issued by the Australian Communications and Media Authority

 

Radiocommunications (Datacasting Transmitter Licence Allocation) Revocation Determination 2012

Radiocommunications Act 1992

 

Purpose

The Radiocommunications (Datacasting Transmitter Licence Allocation) Revocation Determination 2012 (the Determination) revokes the Radiocommunications (Datacasting Transmitter Licence Allocation) Determination 2001.

Legislative Provisions

The Determination is made under section 106 of the Radiocommunications Act 1992 (the Act). Under section 106, the Australian Communications and Media Authority (the ACMA) may determine, in writing, a price-based allocation system for allocating and/or issuing specified transmitter licences.

Subsection 33(3) of the Acts Interpretation Act 1901 provides that:

[w]here an Act confers a power to make, grant or issue any instrument of a legislative or administrative character [...] the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.

Background

In January 2001, the Australian Communications Authority (the ACA) made, under section 106 of the Act, the Radiocommunications (Datacasting Transmitter Licence Allocation) Determination 2001 (the 2001 Determination).

The 2001 Determination provides a system for the allocation (by auction) of apparatus licences which, if allocated and issued, would authorise the operation of transmitters (using channels in the 533-826 MHz band) for the purpose of providing datacasting services in geographic areas across Australia.

The 2001 Determination was made in anticipation of a datacasting transmitter licence allocation that was scheduled to occur on 21 May 2001. However, the ACA was directed by the then Minister, on 9 May 2001, to cancel that auction. The power to direct the ACA in such a manner is conferred on the Minister by section 4.27 of the 2001 Determination.

The 2001 Determination was registered on the Federal Register of Legislative Instruments on 28 April 2005 and remains current. 

In 2006, Parliament passed the Broadcasting Legislation Amendment (Digital Television) Act 2006 which amended the Act and the Broadcasting Services Act 1992 to provide for the allocation of two new types of datacasting transmitter licences on unallocated television channels across Australia (known as “channel A datacasting transmitter licences” and “channel B datacasting transmitter licences”). To ensure that the licence allocation system for the channel A and channel B datacasting transmitter licences were not affected by the allocation system set out in the 2001 Determination, the then Minister directed the ACMA to revoke the 2001 Determination (by way of the Radiocommunications (Datacasting Transmitter Licence Limits) Direction No. 1 of 2007 (the Minister’s direction)). The ACMA has not yet revoked the 2001 Determination.

The Minister has since directed the ACMA to clear parts of the broadcasting services bands for the purposes of the digital dividend (Australian Communications and Media Authority (Realising the Digital Dividend) Direction 2010).

The ACMA must revoke the 2001 Determination in accordance with the Minister’s direction. It is appropriate to do so at this time because the spectrum in the digital dividend covers, in part, the spectrum which was the subject of apparatus licences to be allocated under the 2001 Determination.

Operation

The Determination makes provision for the revocation of the 2001 Determination.

Consultation

No consultation has been undertaken on the revocation of the 2001 Determination. The Minister’s direction requires the ACMA to revoke the 2001 Determination, and has been publicly available since it was registered on the Federal Register of Legislative Instruments in 2007. The ACMA has also consulted widely on proposals to allocate the digital dividend spectrum by allocating spectrum licences, which would prevent the allocation of at least some apparatus licences under the 2001 Determination. The ACMA has not been made aware of any concerns regarding the Minister’s direction, and is not intending to conduct any allocations of datacasting transmitter licences under the 2001 Determination.

Regulation Impact

The ACMA consulted with the Office of Best Practice Regulation (the OBPR) on the requirement for a Regulation Impact Statement (RIS) for the Determination. The OBPR advised that the Determination (OBPR issue reference ID 14370) does not warrant the preparation of a RIS.

Documents incorporated into the Determination by reference or otherwise referred to

The Determination incorporates the following documents by reference, or otherwise refers to them:

>        Radiocommunications Act 1992

>        Radiocommunications (Datacasting Transmitter Licence Allocation) Determination 2001

These instruments and Acts can be found on the Australian Government’s ComLaw website (http://www.comlaw.gov.au/).

Detailed Description of the Instrument

Details of the instrument are in Attachment A.

Statement of Compatibility with Human Rights

In accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011, the ACMA has prepared a Statement of Compatibility with Human Rights (the Statement of Compatibility) to consider the human rights implications of the Determination. The Statement of Compatibility concludes that the content of this legislative instrument does not raise any human rights issues, and is therefore regarded as being compatible with human rights. The Statement of Compatibility prepared for this instrument is provided in Attachment B.

ATTACHMENT A

detailed description of the instrument

Section 1 Name of instrument

This section names the Determination as the Radiocommunications (Datacasting Transmitter Licence Allocation) Revocation Determination 2012.

Section 2 Commencement

This section provides that the Determination commences on the day after it is registered on the Federal Register of Legislative Instruments.

Section 3 Revocation

This section states that the Radiocommunications (Datacasting Transmitter Licence Allocation) Determination 2001 is revoked.


ATTACHMENT B

 

Statement of Compatibility with Human Rights

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

 

Radiocommunications (Datacasting Transmitter Licence Allocation) Revocation Determination 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

The Radiocommunications (Datacasting Transmitter Licence Allocation) Revocation Determination 2012 (the Determination) revokes the Radiocommunications (Datacasting Transmitter Licence Allocation) Determination 2001 (the 2001 Determination).

The 2001 Determination was made in anticipation of a datacasting transmitter licence allocation (by auction) that was scheduled to occur on 21 May 2001. However, the Australian Communications Authority was directed by the then Minister, on 9 May 2001, to cancel that auction.

The 2001 Determination was registered on the Federal Register of Legislative Instruments on 28 April 2005 and remains current. 

In 2007, the Minister directed the ACMA to revoke the 2001 Determination (by way of the Radiocommunications (Datacasting Transmitter Licence Limits) Direction No. 1 of 2007 (the Minister’s direction)). The ACMA has not yet revoked the 2001 Determination.

The Minister has since directed the ACMA to clear parts of the broadcasting services bands for the purposes of the digital dividend (Australian Communications and Media Authority (Realising the Digital Dividend) Direction 2010).

The ACMA must revoke the 2001 Determination in accordance with the Minister’s direction. It is appropriate to do so at this time because the spectrum in the digital dividend covers, in part, the spectrum which was the subject of apparatus licences to be allocated under the 2001 Determination.

Human Rights Implications

This legislative instrument does not engage any of the applicable rights or freedoms.

Conclusion

This legislative instrument is compatible with human rights as it does not raise any human rights issues.

 

 

Overview

The Radiocommunications (Datacasting Transmitter Licence Allocation) Revocation Determination 2012, enacted by the Australian Communications and Media Authority (ACMA) under the Radiocommunications Act 1992, revokes the Radiocommunications (Datacasting Transmitter Licence Allocation) Determination 2001. The 2001 Determination had initially provided a framework for the allocation of datacasting transmitter licences, but was subsequently cancelled before it could be implemented. Despite this, the 2001 Determination remained registered and in effect until the 2012 Determination was enacted to address the outdated and redundant nature of the earlier provisions. The policy objective behind the 2012 Determination is to clear the path for the allocation of spectrum for the digital dividend, which overlaps with the spectrum previously designated under the 2001 Determination. The ACMA, directed by the Minister, was required to revoke the outdated 2001 Determination to facilitate the allocation of new spectrum licences necessary for digital broadcasting advancements. The revocation ensures that the regulatory framework is current and aligned with contemporary broadcasting needs, avoiding any potential conflicts or inefficiencies in spectrum management.

Scope and Application

The Radiocommunications (Datacasting Transmitter Licence Allocation) Revocation Determination 2012 revokes the Radiocommunications (Datacasting Transmitter Licence Allocation) Determination 2001. The 2001 Determination had been made to facilitate an auction for the allocation of datacasting transmitter licences in the 533-826 MHz band, but was cancelled prior to the scheduled auction date. The revocation of the 2001 Determination is made under section 106 of the Radiocommunications Act 1992, which provides the Australian Communications and Media Authority (ACMA) with the power to allocate transmitter licences. The revocation is necessary to clear spectrum for the digital dividend, as directed by the Minister. The Determination applies only to the specified revocation of the 2001 Determination and does not introduce any new provisions or requirements. There are no stated exclusions or exemptions within the Determination, and it has a national jurisdictional reach as it pertains to radiocommunications in Australia.

Key Provisions

The Radiocommunications (Datacasting Transmitter Licence Allocation) Revocation Determination 2012 (the Determination) revokes the Radiocommunications (Datacasting Transmitter Licence Allocation) Determination 2001 (the 2001 Determination) (section 3). The 2001 Determination was created in anticipation of a datacasting transmitter licence allocation by auction, scheduled for 21 May 2001, but was cancelled on 9 May 2001 by a direction from the Minister. The Determination commences on the day after it is registered on the Federal Register of Legislative Instruments (section 2). The ACMA is required to revoke the 2001 Determination under the Minister's direction issued in 2007, which has been publicly available since its registration on the Federal Register of Legislative Instruments in that year. The ACMA has not revoked the 2001 Determination to date. The Determination imposes an obligation on the ACMA to revoke the 2001 Determination, which had established a system for the allocation of apparatus licences for datacasting services. This revocation ensures that the spectrum covered by the 2001 Determination is no longer subject to the allocation system it established, thereby facilitating the reallocation of spectrum for other purposes such as the digital dividend. The ACMA must act in accordance with the Minister’s direction to revoke the 2001 Determination, particularly as it aligns with the objectives of clearing broadcasting services bands for the digital dividend. There are no specific offences, penalties, or consequences for failing to comply with the Determination as it primarily mandates the revocation of an existing determination rather than imposing new obligations. However, non-compliance with the Minister's direction could potentially lead to administrative or legal consequences, as the revocation of the 2001 Determination is a statutory requirement imposed by the Minister under section 4.27 of the Radiocommunications Act 1992. The 2001 Determination itself remains in effect until the Determination is registered and comes into force, but its revocation is necessary to align with current spectrum allocation policies.

Legal classification tags

Area of Law
Telecommunications Law
Instrument
Regulation
Concepts
Repeal & Amendment
Compliance Obligations
Spectrum Management

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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.