EXPLANATORY STATEMENT
Approved by the Australian Communications and Media Authority
Radiocommunications Act 1992
Radiocommunications (Foreign Space Objects) Determination 2025
Authority
The Australian Communications and Media Authority (the ACMA) has made the Radiocommunications (Foreign Space Objects) Determination 2025 (the instrument) under paragraph 16(1)(ca) of the Radiocommunications Act 1992 (the Act) and subsection 33(3) of the Acts Interpretation Act 1901 (the AIA).
Paragraph 16(1)(ca) of the Act provides that the ACMA may, in a written determination, specify the circumstances in which the Act applies outside Australia to foreign space objects.
Subsection 33(3) of the AIA relevantly provides that where an Act confers a power to make a legislative instrument, 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.
Purpose and operation of the instrument
The purpose of the instrument is to regulate foreign space objects to enable authorisation of radiocommunications to and from Australia under the Act. It operates by causing the Act to apply outside Australia in relation to a foreign space object.
By determining the circumstances in which the Act applies to a foreign space object, the transmission and reception of radio emissions by a station on board the space object may be regulated under the Act. This allows the ACMA to issue a space licence (for transmission) and a space receive licence (for reception) authorising operation of a station on board the space object. Space licences and space receive licences are both types of apparatus licences.
The instrument causes the Act to apply outside Australia in relation to a foreign space object if two circumstances exist. First, the foreign space object must be owned, controlled or operated by or for a corporation listed in the instrument. Second, it must operate in a frequency range listed in the Radiocommunications (Communication with Space Object) Class Licence 2025 (the class licence).
The class licence authorises any person to operate an earth station in specified frequencies for the purpose of communication with an Australian or foreign space object. This is provided that the space stations on board the space object are authorised by space and/or space apparatus licences. The class licence is primarily used for satellite systems with numerous or ubiquitous earth stations, such as portable or handheld satellite communications devices. It provides an efficient means of licensing a large number of earth stations and earth receive stations, avoiding the need to obtain a licence for every earth station and earth receive station in a satellite system.
This means that a corporation seeking to access satellite radiocommunications frequencies specified in the class licence must be listed in the instrument as a prerequisite to applying to the ACMA for space and space receive licences.
The ACMA considers that for a corporation to be eligible for entry in the instrument as an owner, controller or operator of a space object, it must have access to a satellite filing that:
has been lodged with the International Telecommunication Union (ITU) by a foreign administration; and
refers to a frequency range listed in the class licence.
Satellite filing is the process of international recognition of the spectrum and orbital resources used by a satellite system. This process is conducted under the ITU Radio Regulations, which require that, before a satellite system is operated, its technical details must be filed with the ITU by an ITU member state.
The Radio Regulations are internationally binding administrative regulations made under the Constitution and Convention of the ITU, which is an international treaty (to which Australia is a signatory) that governs global use of the radiofrequency spectrum and satellite orbits.
An entity with access to a satellite filing that has been lodged with the ITU by the ACMA is not eligible for entry in the instrument. Instead, the entity may be eligible for entry in the Radiocommunications (Australian Space Objects) Determination 2025.
The instrument repeals and replaces the Radiocommunications (Foreign Space Objects) Determination 2014 (the 2014 determination). The ACMA has made the instrument because the 2014 determination was due to “sunset” on 1 April 2025 in accordance with Part 4 of Chapter 3 of the Legislation Act 2003 (the LA). It continues the arrangements made under the 2014 determination, with minor wording and structural changes to clarify its intended effect and operation.
Specifically, section 5 of, and Schedule 3 to, the 2014 determination have been removed. Section 5 provided for the Act to apply outside Australia to the foreign space objects listed in Schedule 3 if a space station on the foreign space object is operating in a frequency range that is not mentioned in class licence. The class licence authorises the operation of stations, other than stations on a space object or the operation of which is authorised by an apparatus licence, to communicate with stations on space objects. The class licence only authorises the operation of these stations on particular frequencies. On other frequencies, the stations must be authorised by an apparatus licence (such as an earth licence, or an earth receive licence). As these stations are authorised by a licence under the Act, such that regulatory action can be taken in relation to the operation of these stations, a station on a foreign space object operating in a frequency range not mentioned in the class licence does not need to be licensed for transmission and reception under the Act. Thus, there is no purpose for causing the Act to apply to these foreign space objects.
The instrument also includes three additional owners, controllers or operators of foreign space objects in Schedule 1:
NSL Comm Ltd (incorporated in Israel);
Plan-S Satellite and Space Technologies Inc. (incorporated in Türkiye); and
Rivada Space Networks GmbH (incorporated in Germany).
These entities wish to apply for space and space receive licences. This will allow them to access frequencies mentioned in the class licence for communication with earth stations and earth receive stations in Australia.
The instrument commences at the start of the day after the day it is registered on the Federal Register of Legislation. It repeals the 2014 determination at the same time.
If the Act applies to a foreign space object, operation of a radiocommunications device on the object may require a licence. It is an offence, and subject to a civil penalty, to operate a radiocommunications device otherwise than as authorised by a licence (section 46 of the Act). The Act prescribes the following maximum penalties for the offence:
if the radiocommunications device is a radiocommunications transmitter and the offender is an individual – imprisonment for 2 years;
if the radiocommunications device is a radiocommunications transmitter and the offender is not an individual – 1,500 penalty units (which is $495,000 based on the current penalty unit amount of $330);
if the radiocommunications device is not a radiocommunications transmitter – 20 penalty units ($6,600).
The Act prescribes the following maximum civil penalties:
if the radiocommunications device is a radiocommunications transmitter – 300 penalty units ($99,000);
if the radiocommunications device is not a radiocommunications transmitter – 20 penalty units ($6,600).
It is an offence, and subject to a civil penalty, to possess a radiocommunications device for the purpose of operating the device otherwise than as authorised by a licence (section 47 of the Act). The Act prescribes the same penalties for this offence and civil penalty contravention as for the offence and civil penalty contravention in section 46.
A provision-by-provision description of the instrument is set out in the notes at Attachment A.
The instrument is a legislative instrument for the purposes of the LA, and is disallowable.
The instrument is subject to the sunsetting provisions of the LA.
Documents incorporated by reference
Section 314A of the Act provides that an instrument under the Act may make provision in relation to a matter by applying, adopting or incorporating (with or without modifications) matters contained in any Act or any other instrument or writing as in force or existing at a particular time or from time to time.
The instrument incorporates all or part of the following Acts and legislative instruments, or otherwise refers to them, as in force from time to time:
- the Act;
- the AIA;
- the Australian Communications and Media Authority Act 2005;
- the LA;
- the Radiocommunications (Australian Space Objects) Determination 2025;
- the Radiocommunications (Communication with Space Object) Class Licence 2025.
The Acts and legislative instruments listed above may be accessed, free of charge, from the Federal Register of Legislation (www.legislation.gov.au).
Consultation
Before making the instrument, the ACMA was satisfied that consultation was undertaken to the extent appropriate and reasonably practicable, in accordance with section 17 of the LA.
On 28 November 2024, the ACMA commenced a public consultation on a proposal to remake the 2014 determination. The ACMA published a page on its website describing the issues for comment, the process for contributing to the consultation and provided a copy of a consultation paper and a draft of the instrument.
The consultation paper proposed remaking the 2014 instrument with minor changes, including to:
- remove section 5 and its associated Schedule 3, relating to foreign space objects operating in a frequency range not mentioned in the class licence; and
- include 3 additional owners, controllers or operators of foreign space objects in Schedule 1.
The consultation closed on 17 January 2024. The ACMA received 5 written submissions in response to the consultation, which are available on the ACMA website. All respondents supported the proposals or had no objections.
The ACMA did not make any changes to the draft instrument.
Regulatory impact assessment
A preliminary assessment of the proposal to make the instrument was conducted by the Office of Impact Analysis (OIA), based on information provided by the ACMA, for the purposes of determining whether a Regulation Impact Statement (RIS) would be required. OIA advised that a RIS would not be required because the proposed regulatory change is minor or machinery in nature (OIA reference number OIA24-08498.
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 LA applies to cause a statement of compatibility with human rights to be prepared in respect of that legislative instrument.
The statement of compatibility set out below has been prepared to meet that requirement.
Overview of the instrument
The purpose of the instrument is to regulate foreign space objects to enable authorisation of radiocommunications to and from Australia under the Act. It operates by causing the Act to apply outside Australia in relation to a foreign space object.
By determining the circumstances in which the Act applies to a foreign space object, the transmission and reception of radio emissions by a station on board the space object may be regulated under the Act. This allows the ACMA to issue a space licence (for transmission) and a space receive licence (for reception) authorising operation of a station on board the space object.
The instrument causes the Act to apply outside Australia in relation to a foreign space object if two circumstances exist. First, the foreign space object must be owned, controlled or operated by or for a corporation listed in the instrument. Second, it must operate in a frequency range listed in the class licence.
Human rights implications
The ACMA has assessed whether the instrument is compatible with human rights, being the rights and freedoms recognised or declared by the international instruments listed in subsection 3(1) of the Human Rights (Parliamentary Scrutiny) Act 2011 as they apply to Australia.
Having considered the likely impact of the instrument and the nature of the applicable rights and freedoms, the ACMA has formed the view that the instrument does not engage any of those rights or freedoms.
Conclusion
The instrument is compatible with human rights as it does not raise any human rights issues.
Attachment A
Notes to the Radiocommunications (Foreign Space Objects) Determination 2025
Section 1 Name
This section provides for the instrument to be cited as the Radiocommunications (Foreign Space Objects) Determination 2025.
Section 2 Commencement
This section provides for the instrument to commence at the start of the day after the day it is registered on the Federal Register of Legislation.
The Federal Register of Legislation may be accessed free of charge at www.legislation.gov.au.
Section 3 Authority
This section identifies the provision of the Act that authorises the making of the instrument, namely paragraph 16(1)(ca).
Section 4 Repeal
This section repeals the Radiocommunications (Foreign Space Objects) Determination 2014 (F2014L01584).
Section 5 Interpretation
This section defines key terms used throughout the instrument. Some other expressions used in the instrument are defined in the Act or in an instrument made under subsection 64(1) of the Australian Communications and Media Authority Act 2005.
Section 6 Application of Act outside Australia — foreign space objects operating in frequency range mentioned in class licence
This section provides for the Act to apply outside Australia in relation to a foreign space object if two circumstances exist. First, the foreign space object must be owned, controlled or operated by or for a corporation mentioned in Schedule 1 to the instrument. Second, a space station on the space object must operate in a frequency range mentioned in paragraph 8(a) or (b) of the class licence.
Schedule 1 – Owners, controllers or operators of foreign space objects operating in a frequency range mentioned in the class licence
Schedule 1 specifies corporations owning, controlling or operating foreign space objects for the purposes of paragraph 6(a) of the instrument.