Radiocommunications (Frequency Assignment Certificates) Determination 2003

Administered by Department of Communications and the Arts

Legislation au F2005B00217 Not in force Legislative Instrument

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The AUSTRALIAN COMMUNICATIONS AUTHORITY makes this Determination under subsection 266A (1) of the Radiocommunications Act 1992.

Dated 23 September 2003

R HORTON
Chair

A HORSLEY
Deputy Chair

Australian Communications Authority

Contents

Part 1 Preliminary

1 Name of Determination

2 Commencement

3 Revocation of previous Determinations

4 Interpretation

Part 2 General conditions relating to issue of certificates

5 Conditions to be met before certificates are issued

6 Certification in circumstances in which conditions are met

7 Certificates not to include false or misleading statements

Part 3 Conditions relating to keeping of records

8 Records to be kept

Part 4 Conditions relating to insurance, indemnity and information

9 Keeping insurance policy

10 Deed of Indemnity

11 Information in certificate (general)

12 Additional information in certificate

Part 1 Preliminary

1 Name of Determination

This Determination is the Radiocommunications (Frequency Assignment Certificates) Determination 2003.

2 Commencement

This Determination commences on gazettal.

3 Revocation of previous Determinations

The following Determinations are revoked:

 Radiocommunications (Frequency Assignment Certificates) Determination No. 1 of 1996

 Radiocommunications (Frequency Assignment Certificates) Determination No. 1 of 1996 Amendment Determination 1998.

4 Interpretation

(1) In this Determination:

accredited person means a person to whom the ACA has given an accreditation under section 263 of the Act.

Act means the Radiocommunications Act 1992.

approved Deed of Indemnity means a Deed of Indemnity approved under section 7 of the Radiocommunications (Accreditation — Prescribed Certificates) Principles 2003.

certificate means a frequency assignment certificate mentioned in subsection 100 (4A) of the Act.

frequency channel means a sub-band that is in a frequency band and has a particular centre frequency.

government body means:

(a) the Commonwealth or a State or Territory; or

(b) a body corporate established for a public purpose by or under a law of the Commonwealth or a State or Territory; or

(i) incorporated under a law of the Commonwealth or a State or Territory; and

(ii) in which the Commonwealth or a State or Territory has a controlling interest.

government service means employment in a government body, or service as a member of the Defence Force, that includes the function of issuing certificates.

insurance policy means an insurance policy that:

(a) is issued by a body corporate for which an authorisation under Part III of the Insurance Act 1973 to carry on insurance business is in force; and

(b) indemnifies an accredited person for any loss or damage up to $2 000 000 as a result of the person’s negligence when issuing a certificate or otherwise acting as an accredited person.

Note An application for accreditation must include an undertaking to have a policy of this kind: see section 6 of the Radiocommunications (Accreditation — Prescribed Certificates) Principles 2003.

ITU means the International Telecommunication Union.

procedural document means any document published by the ACA setting out spectrum management objectives, or procedures to achieve those objectives, that are relevant to this Determination, including Radiocommunications Assignment and Licensing Instructions, Policy Information Papers, Business Operating Procedures and Advisory Guidelines.

Note For definitions of other expressions used in this Determination, see the Act and the Radiocommunications Regulations 1993.

(2) A reference in this Determination to:

(a) another instrument made under the Act; or

(b) a publication by the ITU; or

is a reference to the instrument, publication or other document as in force or existing from time to time.

Part 2 General conditions relating to issue of certificates

5 Conditions to be met before certificates are issued

(1) A certificate must be consistent with:

(a) the law, as set out in:

(i) the Act; and

(ii) the spectrum plan in force under section 30 of the Act (subject to subsection (4)); and

(iii) the relevant frequency band plan (subject to subsection (4)); and

(b) to the extent that it is consistent with paragraph (a):

(i) any procedural document, specified in the frequency assignment certificate, that applies to the frequency or frequencies, or frequency channel, specified under paragraph (2) (a); or

(ii) if subparagraph (i) does not apply  the interference management criteria:

(A) devised, and used, by the accredited person; and

(B) recorded in accordance with Part 3.

(2) The accredited person must believe, on reasonable grounds that the device is, at the time the certificate would be issued, a device for which the ACA would issue an apparatus licence for operation of the device:

(a) on a frequency or frequencies, or on a frequency channel; and

(b) at a constancy; and

(d) subject to technical conditions;

specified in the certificate.

(3) In deciding whether to issue a certificate, an accredited person must have regard to the following:

(a) whether there would be an adverse effect on licensed radiocommunications because of the proposed operation of radiocommunications devices that would be authorised under a licence for a device to which the certificate relates;

(b) any other matter that is reasonable to have regard to in the circumstances (including the matters set out in this section);

(i) the relevant part of the ITU Radio Regulations; and

(ii) a publication by the ITU in the series known as ‘ITU-R Recommendations’.

Note In considering whether a device would have an adverse effect on licensed radiocommunications, an accredited person should consider:

(a) the interference protection criteria specified in procedural documents; or

(b) if there are no applicable procedural documents, the interference management criteria used by the accredited person and recorded under Part 3.

(4) A certificate may be inconsistent with the spectrum plan in force under section 30 of the Act or the relevant frequency band plan only if:

(a) the certificate is for an apparatus licence sought to be issued under subsection 104 (1) of the Act; and

(b) the accredited person has consulted the ACA before issuing the certificate.

(5) If the accredited person believes that the device may fall within the special circumstances provisions of the spectrum plan or the relevant frequency band plan, the accredited person must consult the ACA before issuing the certificate.

(6) Subsection (7) applies to the operation of a device at frequencies that are within part of the spectrum:

(a) that is designated under section 36 of the Act to be allocated by issuing spectrum licences; or

(b) for which a spectrum re-allocation declaration under section 153B of the Act is in force.

(7) The accredited person may issue a certificate for the operation of a device at frequencies mentioned in subsection (6) only if:

(a) an apparatus licence could be issued for the device under subsection 105 (2), 153P (2) or 153P (3) of the Act; and

(b) the accredited person believes, on reasonable grounds, that the device is, at the time when the certificate would be issued, a device for the operation of which the ACA would issue an apparatus licence.

6 Certification in circumstances in which conditions are met

An accredited person who issues a certificate for the operation of a device must state in the certificate that:

(a) the operation of the device, as specified in the certificate, will satisfy the conditions that are required to be satisfied under section 5 in relation to the issue of a certificate; and

(b) he or she believes, on reasonable grounds, that the device is, at the time when the certificate would be issued, a device for the operation of which the ACA would issue an apparatus licence.

7 Certificates not to include false or misleading statements

An accredited person must not issue a certificate that includes a statement that is false or misleading.

Part 3 Conditions relating to keeping of records

8 Records to be kept

(1) In addition to complying with Part 2, an accredited person who issues a certificate must keep records, for the certificate, of:

(a) the interference management criteria used by the accredited person in issuing the certificate; and

(b) the method used by the accredited person to apply the criteria; and

(2) The accredited person must:

(a) keep the records for 5 years; and

(b) make the records available to the ACA on request.

Part 4 Conditions relating to insurance, indemnity and information

9 Keeping insurance policy

(1) This section applies if an accredited person proposes to issue a certificate otherwise than in the course of government service.

(2) The accredited person must be covered by a current insurance policy for at least the lesser of:

(a) the period of the person’s accreditation, counted from when the person first issues a certificate; and

(b) 5 years after the person last issues a certificate.

Note It is in the interests of people who cease to be accredited less than 5 years after issuing a certificate to keep an insurance policy covering that certificate for at least the 5 year period.

10 Deed of Indemnity

(1) An accredited person may issue a certificate only if an approved Deed of Indemnity relating to the issue of certificates by the accredited person is in force.

(2) The Deed of Indemnity must either:

(a) have been given by the government body in which the accredited person serves if the certificate is to be issued in the course of government service; or

(b) have been given by the accredited person personally if the certificate is to be issued otherwise than in the course of government service.

Note For information about Deeds of Indemnity, see sections 6 and 7 of the Radiocommunications (Accreditation — Prescribed Certificates) Principles 2003.

11 Information in certificate (general)

An accredited person who issues a certificate must state in the certificate whether or not the certificate is issued in the course of government service.

12 Additional information in certificate

(1) This section applies if an accredited person proposes to issue a certificate otherwise than in the course of government service.

(2) For the first certificate the accredited person issues, the accredited person must attach to the certificate:

(a) a copy of the insurance policy covering the accredited person; or

(b) a certificate of currency for the policy; or

(3) For a later certificate the accredited person issues, the accredited person must state in the certificate the reference number and expiry date of the policy.

(4) If the insurance policy covering the accredited person is changed or renewed, the accredited person must comply with subsection (2) when issuing the first certificate after the policy is changed or renewed.

Overview

The Radiocommunications (Frequency Assignment Certificates) Determination 2003 was enacted by the Australian Communications Authority under subsection 266A(1) of the Radiocommunications Act 1992. This Determination was introduced to address the need for clear guidelines and conditions surrounding the issuance of frequency assignment certificates, ensuring the proper management of radiocommunications frequencies and the adherence to legislative requirements. The Radiocommunications Act 1992 itself was established to provide a framework for the regulation of radiocommunications, addressing issues such as the efficient use of the radio spectrum, the protection of radiocommunication services, and the coordination of radiocommunications activities. The policy objective of the Determination is to maintain the integrity and consistency of frequency assignment certificates, ensuring they align with legislative and procedural requirements, thereby facilitating orderly and efficient radiocommunications management. The Radiocommunications (Frequency Assignment Certificates) Determination 2003 outlines various conditions that must be satisfied before a certificate is issued, including consistency with relevant laws and plans, the accredited person’s belief that the device would be eligible for an apparatus licence, and the consideration of potential adverse effects on other licensed radiocommunications. Additionally, it mandates the maintenance of records related to interference management criteria and methods used in issuing certificates, as well as the requirement for accredited persons to maintain appropriate insurance coverage and Deeds of Indemnity. These provisions are designed to uphold the standards of accountability and reliability in the issuance of frequency assignment certificates.

Scope and Application

The Radiocommunications (Frequency Assignment Certificates) Determination 2003 applies to the issuance of frequency assignment certificates under the Radiocommunications Act 1992. It pertains specifically to accredited persons who are authorised to issue these certificates, ensuring that they adhere to specific conditions, records maintenance, and compliance with insurance and indemnity requirements. This Determination affects entities and individuals involved in the issuance of frequency assignment certificates within Australia, including those operating under Commonwealth, state, or territory governance, as well as any corporate bodies established for public purposes by these entities. It does not explicitly exclude any specific persons, entities, or types of conduct but rather sets out comprehensive conditions that must be met to ensure the proper management and allocation of radiocommunications frequencies. The Determination revokes previous related instruments, such as the Radiocommunications (Frequency Assignment Certificates) Determination No. 1 of 1996 and its amendment from 1998, to streamline and update the legislative framework governing frequency assignments.

Key Provisions

The Radiocommunications (Frequency Assignment Certificates) Determination 2003 outlines the key provisions for the issuance of frequency assignment certificates under the Radiocommunications Act 1992. It specifies that a certificate must be consistent with the law, the spectrum plan, and the relevant frequency band plan, and that it must be issued only if the accredited person believes, on reasonable grounds, that the device is suitable for an apparatus licence (ss 5(1)-(2)). The accredited person must also consider potential adverse effects on licensed radiocommunications and any applicable procedural documents or ITU Radio Regulations (s 5(3)). Certificates can deviate from the spectrum plan or frequency band plan only if they pertain to an apparatus licence and the accredited person has consulted with the Australian Communications Authority (ACA) beforehand (s 5(4)). If the device falls under special circumstances, consultation with the ACA is mandatory before issuing the certificate (s 5(5)). For devices operating at certain frequencies, the accredited person may issue a certificate only if an apparatus licence can be issued and the person believes the device qualifies for such a licence (s 5(6)-(7)). When issuing a certificate, the accredited person must confirm that the operation of the device will meet the specified conditions and that they believe the device qualifies for an apparatus licence (s 6). The certificate must not contain any false or misleading statements (s 7). The Act imposes several obligations on accredited persons. These include maintaining records of the interference management criteria used, the method applied, and a rationale for their use, which must be kept for five years and made available to the ACA upon request (s 8). If the accredited person issues a certificate outside of government service, they must maintain an appropriate insurance policy for at least the lesser of their accreditation period or five years after their last certificate issuance (s 9). Furthermore, an accredited person must have an approved Deed of Indemnity in force, either provided by the government body if acting in the course of government service or personally if acting otherwise (s 10). The certificate must specify whether it is issued in the course of government service and include details of the insurance policy for certificates issued outside of government service (ss 11-12). Violations of the provisions outlined in the Determination may lead to civil or criminal consequences. For instance, issuing a certificate that includes false or misleading statements could result in penalties under the Radiocommunications Act 1992. The specific penalties for such breaches are detailed in the Act itself, but they could include fines or other sanctions. Failure to maintain proper records, adhere to the insurance requirements, or obtain an approved Deed of Indemnity could also lead to penalties, including potential revocation of accreditation or other administrative actions. The exact penalties and consequences for non-compliance are governed by the broader legislative framework provided by the Radiocommunications Act 1992 and associated regulations.

Area of Law: Telecommunications Law
Instrument: Legislative Instrument
Concepts: Definitions & Interpretation; Commencement Provisions; Regulatory Standards; Licensing & Registration

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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.

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