Radiocommunications (Specified Radiocommunications Receivers and Types of Transmitter Licences and Receiver Licences) Determination 2024

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2024L01191 In force Legislative Instrument

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EXPLANATORY STATEMENT

Approved by the Australian Communications and Media Authority

Radiocommunications Act 1992

Radiocommunications (Specified Radiocommunications Receivers and Types of Transmitter Licences and Receiver Licences) Determination 2024

Authority

The Australian Communications and Media Authority (the ACMA) has made the Radiocommunications (Specified Radiocommunications Receivers and Types of Transmitter Licences and Receiver Licences) Determination 2024 (the instrument) under paragraph 7(1)(b) and subsection 98(1) of the Radiocommunications Act 1992 (the Act), and under subsection 33(3) of the Acts Interpretation Act 1901 (the AIA).

Paragraph 7(1)(b) of the Act provides that for the purposes of the Act, a radiocommunications receiver of a kind specified in a written determination made by the ACMA for the purposes of that paragraph is a radiocommunications device.

Under subsection 98(1) of the Act, the ACMA may, by legislative instrument, determine the types of transmitter licences and the types of receiver licences that it may issue.

Subsection 33(3) of the AIA relevantly provides that where an Act confers a power to make a legislative instrument, the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend or vary any such instrument.

Purpose and operation of the instrument

The instrument repeals and remakes the Radiocommunications (Specified Radiocommunications Receivers and Types of Transmitter Licences and Receiver Licences) Determination 2014 (Types Determination 2014). It does so without making any significant changes to the regulatory arrangements created by the Types Determination 2014.

The purpose and operation of the instrument is twofold. First, it specifies that certain kinds of radiocommunications receivers are radiocommunications devices for the purposes of the Act. In doing so, the instrument makes those radiocommunications receivers subject to provisions in the Act that regulate the possession, operation, and supply of radiocommunications devices.

The instrument specifies radiocommunications receivers that are, or form part of, one of 6 types of station:

  1.     an area-wide receive station;
  2.    a defence receive station;
  3.     an earth receive station;
  4.    a fixed receive station;
  5.     a major coast receive station;
  6.      a space receive station.

Second, the instrument specifies the types of transmitter licences and receiver licences that the ACMA may issue under the Act. The instrument specifies 17 types of transmitter licence and 6 types of receiver licence.

The ACMA has made the instrument because the Types Determination 2014 was due to be automatically repealed (or ‘sunset’) on 1 April 2025 by operation of Part 4 of Chapter 3 of the Legislation Act 2003 (the LA).

A provision-by-provision description of the instrument is set out in the notes at Attachment A.

The instrument is a legislative instrument for the purposes of the LA and is disallowable.

The instrument is subject to the sunsetting provisions in Part 4 of Chapter 3 of the LA.

Documents incorporated by reference

The instrument does not incorporate any document by reference.

Consultation

Before the instrument was made, the ACMA was satisfied that consultation was undertaken to the extent appropriate and reasonably practicable, in accordance with section 17 of the LA.

Between 17 June 2024 and 9 August 2024, both inclusive, the ACMA consulted on a proposal to make the instrument. The ACMA published a consultation paper and draft of the instrument on its website. The consultation paper sought comments on the ACMA’s proposal to repeal and remake the Types Determination 2014. The paper also explained the nature of, and the reasons for, some minimal differences between the Types Determination 2014 and the draft instrument: the reordering of the stations specified in section 6 of the instrument into alphabetic order; the insertion of the word ‘licence’ after the names of the transmitter licences and receiver licences specified in Schedule 1 and Schedule 2 to the instrument, respectively; the reordering of those transmitter licences and receiver licences into alphabetical order; and other changes were of a formatting and grammatical nature.

The ACMA received no submissions in response to the consultation paper.

Regulatory impact assessment

A preliminary assessment of the proposal to make the instrument was conducted by the Office of Impact Analysis (OIA), based on information provided by the ACMA, for the purposes of determining whether detailed impact analysis was required. OIA advised that this was not required because the proposed changes were only administrative in nature and would not change existing compliance requirements or impose new compliance requirements (OIA reference number OIA24‑07452).

Statement of compatibility with human rights

Subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011 requires the rule maker in relation to a legislative instrument to which section 42 of the LA applies (disallowance), to cause a statement of compatibility with human rights to be prepared in respect of that legislative instrument.

The statement of compatibility with human rights set out below has been prepared to meet that requirement.

Overview of the instrument

The instrument is made under paragraph 7(1)(b) and subsection 98(1) of the Act.

The instrument repeals and remakes the Radiocommunications (Specified Radiocommunications Receivers and Types of Transmitter Licences and Receiver Licences) Determination 2014.

The instrument has two substantive purposes. First, it specifies that certain kinds of radiocommunications receivers are radiocommunications devices for the purposes of the Act. In doing so, the instrument makes those receivers subject to provisions in the Act that regulate the possession, operation, and supply of radiocommunications devices. Second, it specifies the types of transmitter licence and receiver licence that the ACMA may issue for the purposes of section 97 of the Act.

Human rights implications

The ACMA has assessed whether the instrument is compatible with human rights, being the rights and freedoms recognised or declared by the international instruments listed in subsection (3)(1) of the Human Rights (Parliamentary Scrutiny) Act 2011 as they apply to Australia.

Having considered the likely impact of the instrument and the nature of the applicable rights and freedoms, the ACMA has formed the view that the instrument does not engage any of those rights or freedoms.

Conclusion

The instrument is compatible with human rights as it does not raise any human rights issues.


Attachment A

Notes to the Radiocommunications (Specified Radiocommunications Receivers and Types of Transmitter Licences and Receiver Licences) Determination 2024

Section 1 Name

This section provides for the instrument to be cited as the Radiocommunications (Specified Radiocommunications Receivers and Types of Transmitter Licences and Receiver Licences) Determination 2024.

Section 2 Commencement

This section provides for the instrument to commence at the start of the day after it is registered on the Federal Register of Legislation. The Federal Register of Legislation may be accessed free of charge at www.legislation.gov.au.

Section 3 Authority

This section identifies the provisions of the Act under which the instrument is made, namely paragraph 7(1)(b) and subsection 98(1).

Section 4 Repeal

Section 4 provides that the Types Determination 2014 is repealed.

Section 5 References to other instruments

This section provides that where the instrument refers to other legislative instruments, the references are to those legislative instruments as they are in force from time to time. Similarly, references to any other instrument or writing are also to them as they are in force or existence from time to time.

Section 6 Radiocommunications receivers

This section specifies which radiocommunications receivers are radiocommunications devices for the purposes of the Act. A radiocommunications receiver is a radiocommunications device for the purposes of paragraph 7(1)(b), if it is, or forms part of, one of 6 types of station.

Section 7 Transmitter licences

This section provides that the ACMA may issue a type of transmitter licence that is specified in column 2 of an item in Schedule 1.

Section 8 Receiver licences

This section provides that the ACMA may issue a type of receiver licence that is specified in column 2 of an item in Schedule 2.

Schedule 1—Transmitter licences

Schedule 1 specifies the 17 types of transmitter licence that the ACMA may issue.

Schedule 2—Receiver licences

Schedule 2 specifies the 6 types of receiver licence that the ACMA may issue.

 

Overview

The Radiocommunications (Specified Radiocommunications Receivers and Types of Transmitter Licences and Receiver Licences) Determination 2024 was enacted to address the impending automatic repeal of the Radiocommunications (Specified Radiocommunications Receivers and Types of Transmitter Licences and Receiver Licences) Determination 2014, as stipulated by the Legislation Act 2003. This determination was made by the Australian Communications and Media Authority (ACMA) under the authority granted by the Radiocommunications Act 1992 and the Acts Interpretation Act 1901. The primary objective of this legislative instrument is to re-specify certain types of radiocommunications receivers as radiocommunications devices under the Act, thus subjecting them to the regulatory provisions governing the possession, operation, and supply of such devices. Additionally, it delineates the types of transmitter and receiver licences that the ACMA is authorised to issue. The ACMA determined that this re-specification was necessary to ensure the continuity of regulatory oversight and to maintain the administrative coherence of the existing licensing framework. The ACMA undertook a consultation process between 17 June 2024 and 9 August 2024 to gather feedback on the proposed changes, which were primarily administrative and did not alter existing compliance requirements. No submissions were received during this period. The Office of Impact Analysis found that detailed impact analysis was not required due to the nature of the changes. Furthermore, the ACMA concluded that the determination does not engage any human rights as recognised or declared by the international instruments applicable to Australia. Consequently, the determination is compatible with human rights.

Scope and Application

The Radiocommunications (Specified Radiocommunications Receivers and Types of Transmitter Licences and Receiver Licences) Determination 2024 made by the Australian Communications and Media Authority (ACMA) under the Radiocommunications Act 1992 and the Acts Interpretation Act 1901, is a legislative instrument that specifies certain kinds of radiocommunications receivers as radiocommunications devices for the purposes of the Act. This determination subjects these receivers to the regulatory provisions of the Act that govern the possession, operation, and supply of radiocommunications devices. Additionally, the instrument details the types of transmitter and receiver licences that the ACMA can issue, ensuring compliance with section 97 of the Act. The instrument repeals the 2014 version of the same determination due to its scheduled automatic repeal under the Legislation Act 2003. It does not incorporate any documents by reference and, while the ACMA consulted on the proposal to make the instrument, no submissions were received. The instrument is subject to disallowance and sunset provisions under the Legislation Act 2003. The ACMA has determined that the instrument is compatible with human rights as it does not engage any of the rights and freedoms recognised or declared by the international instruments listed in the Human Rights (Parliamentary Scrutiny) Act 2011. The instrument applies nationally and regulates the specified radiocommunications receivers and the types of transmitter and receiver licences that the ACMA can issue.

Key Provisions

The Radiocommunications (Specified Radiocommunications Receivers and Types of Transmitter Licences and Receiver Licences) Determination 2024, made under the Radiocommunications Act 1992 (section 7(1)(b) and subsection 98(1)), and the Acts Interpretation Act 1901 (subsection 33(3)), serves to specify certain radiocommunications receivers as radiocommunications devices and to outline the types of transmitter and receiver licences the Australian Communications and Media Authority (ACMA) can issue. The instrument identifies specific types of radiocommunications receivers that are subject to the regulatory provisions governing the possession, operation, and supply of radiocommunications devices under the Act. These receivers are categorised into six types of stations: area-wide receive stations, defence receive stations, earth receive stations, fixed receive stations, major coast receive stations, and space receive stations. Additionally, the instrument delineates the 17 types of transmitter licences and 6 types of receiver licences that the ACMA can issue under the Act, thereby formalising the regulatory framework for these radiocommunications activities. The Determination imposes several obligations on entities involved with the specified radiocommunications receivers and licences. It mandates that any radiocommunications receiver falling within the specified categories is subject to the Act’s regulatory provisions. This includes adhering to licensing requirements, obtaining the appropriate licences for transmitters and receivers, and ensuring compliance with the operational standards set forth by the ACMA. The Determination also requires the ACMA to issue licences for the specified types of transmitters and receivers, ensuring that all activities related to these devices are authorised and regulated appropriately. In terms of consequences for non-compliance, the Determination does not explicitly outline offences or penalties within its text. However, the overarching Radiocommunications Act 1992 provides a framework under which breaches of its provisions can result in enforcement actions, fines, and other legal consequences. For instance, unauthorised operation of a radiocommunications device or non-compliance with licensing requirements could lead to penalties as prescribed by the Act, which may include substantial fines and, in severe cases, criminal charges. Additionally, the Determination is disallowable, meaning that Parliament has the power to review and potentially invalidate the instrument, further underscoring the seriousness of adhering to its stipulations.

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Technology Law
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Regulation
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Commencement Provisions
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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.