Radiocommunications (Interpretation) Amendment Determination 2011 (No. 2)

Administered by Department of Communications and the Arts

Legislation au F2011L02526 Not in force Legislative Instrument

Legislation content

 

EXPLANATORY STATEMENT

 

Issued by the authority of the Australian Communications and Media Authority

Radiocommunications (Interpretation) Amendment Determination 2011 (No. 2)

Radiocommunications Act 1992

 

Purpose

The purpose of the Radiocommunications (Interpretation) Amendment Determination 2011 (No. 2) (the Amendment Determination), and related instruments, is to delete legislative references to the aeronautical non assigned station and the aircraft non assigned apparatus licence types.

Both apparatus licence types are redundant as they have expired.  Aircraft stations and aeronautical radiocommunications that operate on a common group of aviation frequencies are now authorised under the associated Radiocommunications (Aircraft and Aeronautical Mobile Stations) Class Licence 2006.  Therefore, there is no need to issue any non assigned licences in the future.

The Amendment Determination amends the Radiocommunications (Interpretation) Determination 2000 (Interpretation Determination).

Legislative Provisions

Subsection 64 (1) of the Australian Communications and Media Authority Act 2005 (the ACMA Act) provides that the Australian Communications and Media Authority (the ACMA) may make a written determination defining one or more expressions used in specified instruments, being instruments made under one or more specified laws of the Commonwealth. The ACMA has made the Interpretation Determination under this provision.

The Interpretation Determination defines expressions used in numerous legislative instruments made under the Radiocommunications Act 1992 (the Radiocommunications Act), including expressions used in determinations made under paragraph 107(1)(f) of the Radiocommunications Act.

Subsection 33(3) of the Acts Interpretation Act 1901 provides that when exercising its power to make written instruments under an Act, the ACMA also has the power to repeal, rescind, revoke, amend, or vary such instruments.

A determination made under subsection 64 (1) of the ACMA Act is a legislative instrument for the purposes of the Legislative Instruments Act 2003 (the LIA).

Background

Following a review into the licensing framework for aircraft and aeronautical licensing arrangements, the ACMA formed the view that the range of ground-based mobile aeronautical stations, operating on the same common group of aviation frequencies, could logically and practicably be included in a class licence.

The Radiocommunications (Aircraft and Aeronautical Mobile Stations) Class Licence 2006 (the Class Licence) was introduced to authorise the operation of aircraft stations and most hand-held and mobile aeronautical stations operating on a common group of aviation frequencies.

The Radiocommunications Licence Conditions (Aeronautical Licence) Determination No. 1 of 1997 was also amended to introduce a new licensing option (aeronautical assigned system) designed to replace the two existing licensing options (aeronautical assigned and aeronautical non-assigned) to allow networks to authorise all related aeronautical stations under one aeronautical licence. 

The changes to the aeronautical and aircraft licensing regime also meant that no new aeronautical non assigned and aircraft non assigned licences were issued, and existing aeronautical and aircraft non assigned licences were allowed to expire.

Currently, there are no valid aeronautical non assigned and aircraft non assigned licences. 

Package of Legislative Instruments

The Amendment Determination forms part of a package of instruments made simultaneously to remove legislative references to the aeronautical non assigned station and aircraft non assigned licence types from subordinate legislation.

References to aeronautical non assigned station and aircraft non assigned station apparatus licences also appear in the following: 

  • Radiocommunications Licence Conditions (Aeronautical Licence) Determination No. 1 of 1997.
  • Radiocommunications Licence Conditions (Aircraft Licence) Determination No. 1 of 1997.

Consultation

In accordance with paragraph 18(2)(a) of the LIA, consultation is considered unnecessary as the changes made by the Amendment Determination are of a minor or machinery nature, and do not substantially alter existing arrangements.

Regulatory Impact

The ACMA has undertaken a preliminary assessment of the regulatory impact in accordance with the requirements of the Office of Best Practice Regulation (OBPR). It has been determined that the Amendment Determination would have no direct or significant indirect impact on business or the economy. For those reasons, an exemption from the need to provide a Regulatory Impact Statement (RIS) and Business Cost Calculator Report has been obtained. The OBPR RIS exemption reference number is 12565. 

Determination Details

Details of the Amendment Determination are provided in Attachment A.


Attachment A

Notes on Determination

Section 1 Name of Determination

  Section 1 provides the name of the Determination.

Section 2 Commencement

Section 2 provides that the Determination commences on the day after it is registered.

Section 3 Amendment of Radiocommunications (Interpretation) Determination 2000

 Section 3 provides that Schedule 1 amends the Radiocommunications (Interpretation) Determination 2000.

Schedule 1  Amendments (section 3)

 

[1] Schedule 1, Dictionary

Item 1 deletes the “aeronautical non assigned station” definition.

[2] Schedule 1, Dictionary

Item 2 deletes the “aircraft non assigned station” definition. 

 

Overview

The Radiocommunications (Interpretation) Amendment Determination 2011 (No. 2) was enacted to address the redundancy of the aeronautical non-assigned station and aircraft non-assigned apparatus licence types within the existing legislative framework. These licence types had expired and were no longer necessary as the operation of aircraft stations and aeronautical radiocommunications on a common group of aviation frequencies is now authorised under the Radiocommunications (Aircraft and Aeronautical Mobile Stations) Class Licence 2006. This amendment ensures that the legislative instruments accurately reflect the current licensing practices and eliminates outdated references. The Australian Communications and Media Authority (ACMA), established under the Australian Communications and Media Authority Act 2005, has the authority to make such determinations to clarify and update the definitions used in the Radiocommunications Act 1992 and its subordinate legislation. The policy objective is to streamline the licensing framework and ensure that the regulatory environment is both efficient and contemporary, without imposing any significant regulatory impact on businesses or the economy.

Scope and Application

The Radiocommunications (Interpretation) Amendment Determination 2011 (No. 2) pertains to the amendment of the Radiocommunications (Interpretation) Determination 2000 to delete references to certain redundant aeronautical and aircraft licence types under the Radiocommunications Act 1992. Specifically, the Amendment Determination removes references to the aeronautical non-assigned station and aircraft non-assigned licence types, which have expired and are no longer in use. These references were deemed redundant following the introduction of the Radiocommunications (Aircraft and Aeronautical Mobile Stations) Class Licence 2006, which now authorises the operation of aircraft stations and most hand-held and mobile aeronautical stations operating on a common group of aviation frequencies. The Amendment Determination applies to the legislative instruments made under the Radiocommunications Act, including the Interpretation Determination, and is made under the authority of the Australian Communications and Media Authority (ACMA) as provided by the Australian Communications and Media Authority Act 2005. There are no exclusions or exemptions specified in the Amendment Determination, and it is expected that no new aeronautical non-assigned or aircraft non-assigned licences will be issued in the future. The changes made by the Amendment Determination are considered minor or of a machinery nature and do not substantially alter existing arrangements, hence consultation was deemed unnecessary.

Key Provisions

The Radiocommunications (Interpretation) Amendment Determination 2011 (No. 2) (Amendment Determination) primarily serves to remove outdated references to the aeronautical non-assigned station and aircraft non-assigned licence types within the Radiocommunications Act 1992. This is achieved by amending the Radiocommunications (Interpretation) Determination 2000 (Interpretation Determination). The legislative changes are a result of the expiry and redundancy of these licence types, which have been replaced by the Radiocommunications (Aircraft and Aeronautical Mobile Stations) Class Licence 2006. This class licence now authorises the operation of aircraft stations and most hand-held and mobile aeronautical stations operating on a common group of aviation frequencies. The Amendment Determination imposes specific obligations on entities governed by the Radiocommunications Act. Primarily, it mandates that no new non-assigned licences will be issued in the future, and any existing non-assigned licences have already expired. This change aligns with the introduction of the class licence, which provides a streamlined authorisation for a broader range of aeronautical and aircraft stations. The class licence also offers a new licensing option known as the aeronautical assigned system, designed to replace the previous two licensing options. The focus is now on using a single aeronautical licence to authorise all related aeronautical stations. Breaches of the provisions within the Radiocommunications Act, including those amended by the Amendment Determination, may lead to various penalties. These can include civil penalties for non-compliance, administrative actions to enforce adherence to the Act, and potential criminal penalties for more serious violations. The exact penalties can vary depending on the nature and severity of the breach, but the Act provides a framework for enforcement actions to ensure compliance with radiocommunications regulations. The Amendment Determination itself does not introduce new offences or penalties but ensures that outdated licensing provisions are no longer in effect. This helps maintain a current and effective regulatory framework for radiocommunications. The legislative instruments related to the Amendment Determination aim to streamline and modernise the licensing regime, ensuring that it is both efficient and aligned with current operational needs. The removal of redundant licence types simplifies the regulatory environment, making it easier for operators to comply with the law.

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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.