Radiocommunications (Specified Radiocommunications Receivers and Types of Transmitter Licences and Receiver Licences) Determination 2014

Overview

The Radiocommunications (Specified Radiocommunications Receivers and Types of Transmitter Licences and Receiver Licences) Determination 2014, made under the Radiocommunications Act 1992, was introduced to address the need for specific licensing of certain radiocommunications receivers and transmitter types in Australia. This legislative instrument, prepared by the Australian Communications and Media Authority, delineates the types of radiocommunications receivers and transmitter licences that the ACMA is authorised to issue, thereby providing a structured approach to managing and regulating radiocommunications within the country. The objective of this determination is to ensure that the use of specified radiocommunications equipment is properly authorised and regulated, facilitating the efficient use of the radio spectrum and ensuring compliance with national and international standards. This determination has been amended over time to reflect changes in technology and regulatory needs, as evidenced by its amendment history detailed in the endnotes of the compiled law.

Scope and Application

The Radiocommunications (Specified Radiocommunications Receivers and Types of Transmitter Licences and Receiver Licences) Determination 2014 applies to the issuance of transmitter and receiver licences within the scope of the Radiocommunications Act 1992. It specifically pertains to entities and individuals involved in the operation of specified radiocommunications receivers and the issuance of transmitter and receiver licences. These specified receivers and licences are integral to various types of radiocommunications stations, including earth receive stations, fixed receive stations, major coast receive stations, space receive stations, defence receive stations, and area-wide receive stations. The determination provides a structured framework for the Australian Communications and Media Authority (ACMA) to issue licences for different types of transmitters and receivers, as outlined in Schedules 1 and 2 of the determination. The jurisdictional reach of this legislation is national, as it operates under the Commonwealth provisions outlined in the Radiocommunications Act 1992. The application of this determination is governed by subordinate instruments, such as the Radiocommunications (Interpretation) Determination 2015, which provides detailed descriptions of the specified licences and receivers. Any amendments to this determination, such as those made by the Radiocommunications Legislation (2020 Measures No. 1) Instrument 2020, are incorporated into this compilation and reflect the current legal framework governing radiocommunications in Australia.

Key Provisions

The Radiocommunications (Specified Radiocommunications Receivers and Types of Transmitter Licences and Receiver Licences) Determination 2014 (the Determination) specifies the types of radiocommunications receivers and the types of transmitter and receiver licences that the Australian Communications and Media Authority (ACMA) may issue under the Radiocommunications Act 1992 (the Act). According to section 4 of the Determination, a radiocommunications receiver is specified if it is, or forms part of, an earth receive station, a fixed receive station, a major coast receive station, a space receive station, a defence receive station, or an area-wide receive station. Section 5 of the Determination details the types of transmitter licences that the ACMA may issue, which include aeronautical, aircraft, amateur, broadcasting, earth, fixed, land mobile, maritime coast, maritime ship, outpost, PTS, radiodetermination, scientific, space, datacasting, defence, and area-wide licences. Section 6 of the Determination lists the types of receiver licences that the ACMA may issue, which include earth receive, fixed receive, major coast receive, space receive, defence receive, and area-wide receive licences. The Determination imposes obligations on the ACMA to issue specified types of transmitter and receiver licences for specified radiocommunications receivers as outlined in sections 5 and 6. Additionally, it requires the ACMA to adhere to the definitions and descriptions provided in the Radiocommunications (Interpretation) Determination 2015 for the various types of stations, transmitter licences, and receiver licences. The Determination also mandates that the ACMA ensure that the licensing process aligns with the provisions of the Act. There are no explicit offences, penalties, or civil/criminal consequences for breach directly stated within the Determination itself. However, breaches of the Radiocommunications Act 1992, which the Determination operates under, can lead to penalties. For example, section 127 of the Act stipulates that a person who contravenes a direction or an order made under the Act is liable to a penalty of up to 100 penalty units for an individual and 500 penalty units for a body corporate, with a penalty unit currently being AUD 222. Any enforcement actions or penalties would be pursuant to the Act, not the Determination itself.