Radiocommunications (Limitation of Authorisation of Third Party Users and Transfer of Apparatus Licences) Determination 2015

Radiocommunications (Limitation of Authorisation of Third Party Users and Transfer of Apparatus Licences) Determination 2015

made under sections115 and 131AC of the

Radiocommunications Act 1992

Compilation No.  1

Compilation date:   4 February 2025

Includes amendments: F2025L00056

Prepared by the Australian Communications and Media Authority, Melbourne

About this compilation

This compilation

This is a compilation of the Radiocommunications (Limitation of Authorisation of Third Party Users and Transfer of Apparatus Licences) Determination 2015 that shows the text of the law as amended and in force on 4 February 2025 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

1 Name of Determination

  This Determination is the Radiocommunications (Limitation of Authorisation of Third Party Users and Transfer of Apparatus Licences) Determination 2015.

4 Definitions

 (1) In this Determination, unless the contrary intention appears:

ABC means the Australian Broadcasting Corporation established under subsection 5 (1) of the Australian Broadcasting Corporation Act 1983.

broadcasting service has the meaning given by subsection 6 (1) of the Broadcasting Services Act 1992.

eligible person has the meaning given by:

(a) the Radiocommunications (Transmitter Licence Tax) Determination 2025; or

(b) if a later instrument replaces that determination and defines the expression – the later instrument.

Note: The Radiocommunications (Transmitter Licence Tax) Determination 2025 is a legislative instrument and is available, free of charge, from the Federal Register of Legislation at www.legislation.gov.au.

exempt broadcasting service has the meaning given by subsection 18A (3) of the Broadcasting Services Act 1992.

exempt person means a person who is exempt, under regulations made for the purpose of subsection 8(1) of the Radiocommunications Taxes Collection Act 1983, from the payment of apparatus licence tax.

SBS means the Special Broadcasting Service Corporation established under subsection 5 (1) of the Special Broadcasting Service Act 1991.

Note 1  In accordance with paragraph 13(1)(b) of the Legislative Instruments Act 2003, other expressions in this Determination have the same meaning as in the Act, including:

 ACMA

 apparatus licence

 apparatus licence tax

 Australia

 international broadcasting licence

 international broadcasting service

Note 2  In accordance with section 64 of the Australian Communications and Media Authority Act 2005, other expressions in this Determination have the same meaning as in the Radiocommunications (Interpretation) Determination 2015, including:

 Act

 (2) In this Determination, unless the contrary intention appears, a reference to another legislative instrument is a reference to that other legislative instrument as in force from time to time.

Note 1  For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislative Instruments Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.

Note 2  All Commonwealth Acts and legislative instruments are available on the ComLaw website at http://www.comlaw.gov.au.

5 Circumstances in persons must not be authorised to operate radiocommunications devices (paragraph 115(c) of the Act)

 (1) For paragraph 115 (c) of the Act, a licensee of an apparatus licence must not authorise another person to operate a radiocommunications device under the licence if:

 (a) the licensee is an exempt person; and

 (b) the other person is not an exempt person.

 (2) For paragraph 115 (c) of the Act, a licensee of an apparatus licence must not authorise another person to operate a radiocommunications device under the licence if:

 (a) the licensee is an eligible person; and

 (b) the other person is not:

 (i) an eligible person; or

 (ii) an exempt person.

 (3) For paragraph 115 (c) of the Act, a licensee of an apparatus licence must not authorise another person to operate a radiocommunications device under the licence if:

 (a) the apparatus licence authorises the operation of a radiocommunications device for the provision of an international broadcasting service; and

 (b) there is no international broadcasting licence in force that authorises the provision of that service.

 (4) For paragraph 115 (c) of the Act, the ABC or the SBS, as licensee of an apparatus licence providing a broadcasting service to locations outside Australia, must not authorise another person to operate a radiocommunications device under the licence if:

 (a) the person intends to provide an international broadcasting service using the device; or

 (b) the person intends to provide a broadcasting service within Australia using the device.

 (5) For paragraph 115 (c) of the Act, a licensee of an apparatus licence must not authorise another person to operate a radiocommunications device under the licence if:

 (a) the licence authorises the licensee to operate a radiocommunications device that is used in the provision of an exempt broadcasting service; and

 (b) the person intends to use the device for a purpose other than the provision of an exempt broadcasting service.

6 Circumstances in which apparatus licences are not transferable (paragraph 131AC(b) of the Act)

 (1) For paragraph 131AC (b) of the Act, an apparatus licence is not transferable under Division 8 of Part 3.3 of the Act if:

 (a) the licensee is an exempt person; and

 (b) the proposed transferee is not an exempt person.

 (2) For paragraph 131AC (b) of the Act, an apparatus licence is not transferable under Division 8 of Part 3.3 of the Act if:

 (a) the licensee is an eligible person; and

 (b) the proposed transferee is not:

 (i) an eligible person; or

 (ii) an exempt person.

 (3) For paragraph 131AC (b) of the Act, an apparatus licence is not transferable under Division 8 of Part 3.3 of the Act if:

 (a) the licence authorises the operation of a radiocommunications device for the provision of an international broadcasting service; and

 (b) there is no international broadcasting licence in force that authorises the provision of that service.

 (4) For paragraph 131AC (b) of the Act, an apparatus licence that authorises the ABC or the SBS to operate a radiocommunications device to provide a broadcasting service to locations outside Australia is not transferable under Division 8 of Part 3.3 of the Act if:

 (a) the proposed transferee intends to operate a radiocommunications device under the licence to provide an international broadcasting service; or

 (b) the proposed transferee intends to operate a radiocommunications device under the licence to provide a broadcasting service within Australia.

 (5) For paragraph 131AC (b) of the Act, an apparatus licence is not transferable under Division 8 of Part 3.3 of the Act if:

 (a) the licence authorises the licensee to operate a radiocommunications device that is used in an exempt broadcasting service; and

 (b) the proposed transferee intends to use the device for a purpose other than the provision of an exempt broadcasting service.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history