Radiocommunications Licence Conditions (Fixed Receive Licence) Amendment Determination 2005 (No. 1)

Administered by Department of Communications and the Arts

Legislation au F2005L00760 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Issued by the Authority of the Australian Communications Authority

 

Radiocommunications Licence Conditions (Fixed Receive Licence) Amendment

Determination 2005 (No. 1)

 

Radiocommunications Act 1992

 

Legislative Provisions

 

Paragraph 107(1)(f) of the Radiocommunications Act 1992 (the Act) allows the Australian Communications Authority (the ACA) to determine, by written instrument, conditions applicable to particular types of apparatus licences.

 

A Determination made under paragraph 107(1)(f) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

 

Purpose of Amendment

 

This amendment to the Radiocommunications Licence Conditions (Fixed Receive Licence) Determination No. 1 of 1997 (the Fixed Receive LCD) adds an inconsistency clause to clarify that, where a condition in an LCD is inconsistent with a special condition printed on a licence, the condition specified on the licence applies.

 

Background

 

The operation of radiocommunications equipment authorised by an apparatus licence is subject to:

  • conditions specified in the Act, including an obligation to comply with the Act;
  • a condition that any radiocommunications device operated under the licence must comply with all the standards applicable to it;
  • conditions specified in the Radiocommunications Licence Conditions (Apparatus Licence) Determination No. 1 of 1997 and any other determinations made by the ACA under paragraph 107(1)(f) of the Act;
  • conditions specified in the licence; and
  • any further conditions imposed by the ACA under section 111 of the Act.

 

Under paragraph 107(1)(f) of the Act, the ACA may determine, by written instrument, conditions relating to a particular type of apparatus licence.  These instruments are known as Licence Conditions Determinations (LCDs).  LCDs contain the generic conditions particular to various radiocommunications licence types and licensing options, including details of any common frequencies or frequency bands, permitted power levels, type of communications permitted, persons with whom the licensee is permitted to communicate, callsign usage and any other relevant transmission parameters.  Conditions applicable to the licences referred to in this explanatory statement are specified in the Radiocommunications Licence Conditions (Apparatus Licence) Determination 2003 and the Radiocommunications Licence Conditions (Fixed Receive Licence) Determination No. 1 of 1997.

Any other conditions of operation, which apply to an individual licence but are not included in the LCD, are printed on the licence under the heading ‘Special Conditions’.

Discussion of Issues

 

The Act does not provide direction on whether precedence is to be given to conditions in an LCD or to special conditions on an apparatus licence, should there be an inconsistency between the two. The ACA currently has 16 LCDs in effect. Ten of these LCDs contain the following inconsistency clause to address this issue:

 

‘However, if a condition in this Determination is inconsistent with a condition specified in the licence, the condition specified in the licence applies.’

 

To avoid potential conflict between conditions in the LCDs and special conditions on licences and to be consistent, the Fixed Receive LCD has been amended with the addition of this clause.

 

Two other minor amendments have been included. For consistency in drafting conventions, the Radiocommunications Licence Conditions (Fixed Receive Licence) Determination No. 1 of 1997 has been renamed the Radiocommunications Licence Conditions (Fixed Receive Licence) Determination 1997. Additionally, the note in Subsection 3(1) has been amended to update the Instruments listed as a source for definitions of expressions used in this Determination.

 

The Radiocommunications Licence Conditions (Fixed Receive Licence) Amendment

Determination 2005 (No. 1) commences on registration.

 

Consultation

 

The ACA consulted the Office of Regulation Review (ORR) who advised that a Regulation Impact Statement is not required for the amendment to the Fixed Receive LCD (ORR ID: 3857).  ORR noted that the proposed amendments are of a minor and machinery nature.

 

Further external consultation was not considered necessary as the amendments have no direct or significant indirect impact on business. They are intended to clarify conditions for licence holders.

 

Details of the Determination are set out in Attachment 1.

 

 

 

 

 

 

 

 

 

 

 

ATTACHMENT 1

 

Notes about instrument

 

Section 1 Name of Determination 

 

Section 1 provides for the citation of the Determination.

 

Section 2 Commencement

 

Section 2 states the day on which the Determination has effect.

 

Section 3 Amendment of the Radiocommunications Licence Conditions (Fixed Receive Licence) Determination No.1 of 1997

 

Section 3 provides that Schedule 1 amends the Radiocommunications Licence Conditions (Fixed Receive Licence) Determination No.1 of 1997.

 

Schedule 1 Amendments

 

[1] Section 1

 

Item [1] amends the name of the LCD to the Radiocommunications Licence Conditions (Fixed Receive Licence) Determination 1997.

 

 [2] & [3] Section 2

 

Items [2] & [3] insert a new subsection to clarify that where there is any inconsistency between the provisions of the Radiocommunications Licence Conditions (Fixed Receive Licence) Determination 1997 and any condition specified in an individual licence, the condition that is specified in the licence is to be given precedence.

 

[4] Section 3 (1), note

 

Item [4] updates the Acts listed as a source for definitions of expressions used in the Determination.

 

 

Overview

The Radiocommunications Licence Conditions (Fixed Receive Licence) Amendment Determination 2005 (No. 1) was enacted to address a gap in the Radiocommunications Act 1992 regarding the precedence of conditions between Licence Conditions Determinations (LCDs) and special conditions specified on apparatus licences. This amendment, introduced by the Australian Communications Authority (ACA), seeks to clarify that in the event of an inconsistency between a condition in an LCD and a special condition on an individual licence, the special condition specified on the licence takes precedence. The ACA, authorised by paragraph 107(1)(f) of the Radiocommunications Act, made this amendment to ensure consistency and avoid potential conflicts between the generic conditions in LCDs and the specific conditions on individual licences. The amendment also includes minor changes for consistency in drafting conventions and updates the reference source for definitions in the Determination. This amendment aims to provide clear guidance to licence holders and ensure the smooth operation of radiocommunications equipment authorised by apparatus licences.

Scope and Application

The Radiocommunications Licence Conditions (Fixed Receive Licence) Amendment Determination 2005 (No. 1) amends the Radiocommunications Licence Conditions (Fixed Receive Licence) Determination No. 1 of 1997, addressing inconsistencies between general conditions set forth in Licence Conditions Determinations (LCDs) and specific conditions printed on individual apparatus licences. This Amendment Determination applies to entities and individuals holding fixed receive licences under the Radiocommunications Act 1992. The amendment ensures that where there is a conflict between a condition specified in an LCD and a special condition on a licence, the special condition on the licence takes precedence. The Amendment Determination is made under the authority granted by paragraph 107(1)(f) of the Act, which allows the Australian Communications Authority (ACA) to determine conditions for specific types of apparatus licences. The amendment extends nationally across Australia and is consistent with other LCDs, as it incorporates a standard inconsistency clause that is already present in ten other LCDs. The Amendment Determination is a disallowable instrument under section 46A of the Acts Interpretation Act 1901. The changes are of a minor and clarifying nature, designed to avoid potential conflicts and to ensure uniformity in the application of licence conditions.

Key Provisions

The Radiocommunications Licence Conditions (Fixed Receive Licence) Amendment Determination 2005 (No. 1) introduces specific amendments to the Radiocommunications Licence Conditions (Fixed Receive Licence) Determination No. 1 of 1997 (section 3). The primary change is the addition of an inconsistency clause (item 2) to clarify that, in cases of conflict between the conditions specified in the Radiocommunications Licence Conditions Determination and those specified in an individual licence, the conditions on the licence take precedence (section 2). Additionally, the name of the Determination has been altered from "Radiocommunications Licence Conditions (Fixed Receive Licence) Determination No. 1 of 1997" to "Radiocommunications Licence Conditions (Fixed Receive Licence) Determination 1997" (item 1), and the note under Section 3(1) has been updated to reflect the correct sources for definitions of expressions used in the Determination (item 4). Under this Amendment Determination, licence holders are required to adhere to conditions specified in both the Radiocommunications Licence Conditions Determination and their individual licence. When an inconsistency arises, the specific condition on the licence must be followed. This ensures that any special conditions pertinent to an individual licence, which may not be covered in the general licence conditions, are given due consideration and priority. Additionally, the renaming of the Determination to a more consistent format and the update to the note in Section 3(1) aim to improve clarity and reduce potential confusion. Should a party or entity fail to comply with the amended conditions specified in the Radiocommunications Licence Conditions (Fixed Receive Licence) Determination 1997, they may face legal consequences. Specifically, the Radiocommunications Act 1992 outlines penalties for non-compliance, which may include fines, cancellation of the licence, or other enforcement actions. The maximum penalties for breaches of the Act can vary depending on the severity of the infringement, with potential fines reaching up to $1.1 million for corporations and $220,000 for individuals, as per the applicable Commonwealth legislation. The Australian Communications Authority retains the authority to impose these penalties to ensure adherence to the stipulated conditions and to uphold the integrity of the radiocommunications licensing system.

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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.