Radiocommunications (Spectrum Re-allocation) Declaration No. 1 of 2005

Administered by Department of Communications and the Arts

Legislation au F2005L00898 Not in force Legislative Instrument

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Radiocommunications (Spectrum Re‑allocation) Declaration No. 1 of 2005

as amended

made under subsection 153B (1) of the

Radiocommunications Act 1992

This compilation was prepared on 18 April 2006
taking into account amendments up to Radiocommunications (Spectrum Re‑allocation) Declaration No. 1 of 2005 (Amendment No. 1 of 2006)

Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra

Contents

1 Name of Declaration [see Note 1]

2 Commencement [see Note 1]

3 Definition

4 Spectrum re‑allocation

Schedule 1 2010–2025 MHz band — designated areas

Notes

1 Name of Declaration [see Note 1]

This Declaration is the Radiocommunications (Spectrum Re‑allocation) Declaration No. 1 of 2005.

2 Commencement [see Note 1]

This Declaration commences on the day after it is registered on the Federal Register of Legislative Instruments.

3 Definition

In this Declaration:

Act means the Radiocommunications Act 1992.

4 Spectrum re‑allocation

(1) The part of the spectrum from 2010 MHz to 2025 MHz is subject to re‑allocation under Part 3.6 of the Act in relation to the re‑allocation period.

(2) For the part of the spectrum mentioned in subsection (1), this Declaration applies for the designated areas described in Schedule 1 to the extent that the areas are within the territorial limits of Australia.

(3) For subsection (1), the re‑allocation period:

(a) begins at the beginning of the day after the date of commencement of this Declaration; and

(b) ends at midnight on 31 December 2007.

(4) For subsection 153B (5) of the Act, the re-allocation deadline for this Declaration is midnight on 31 December 2006.

(5) Each part of the spectrum mentioned in subsection (1) may be re‑allocated only by issuing spectrum licences under Subdivision B of Division 1 of Part 3.2 of the Act.

(6) In subsection (1), each frequency band includes all frequencies that are greater than the lower frequency, up to and including the higher frequency.

Schedule 1 2010–2025 MHz band — designated areas

(subsection 4 (2))

Description of designated areas

A designated area is an area bounded by a notional line starting at the intersection of the first map grid coordinates listed in a following table and passing sequentially‑ through the intersection of each following set of coordinates in the table to the point where the line started.

NEW SOUTH WALES/AUSTRALIAN CAPITAL TERRITORY
Point	   East	   South
1.	144 00 00	35 00 00
2.	144 00 00	34 00 00
3.	146 00 00	34 00 00
4.	146 00 00	33 00 00
5.	147 00 00	33 00 00
6.	147 00 00	32 00 00
7.	148 00 00	32 00 00
8.	148 00 00	31 00 00
9.	149 00 00	31 00 00
10.	149 00 00	29 00 00
11.	150 00 00	29 00 00
12.	150 00 00	28 50 00
13.	152 10 00	28 50 00
14.	152 10 00	28 35 00
15.	154 00 00	28 35 00
16.	154 00 00	32 00 00
17.	153 00 00	32 00 00
18.	153 00 00	33 00 00
19.	152 00 00	33 00 00
20.	152 00 00	35 00 00
21.	151 00 00	35 00 00
22.	151 00 00	38 00 00
23.	150 00 00	38 00 00
24.	150 00 00	37 30 00
25.	149 50 00	37 30 00
26.	149 50 00	37 25 00
27.	149 40 00	37 25 00
28.	149 40 00	37 20 00
29.	149 25 00	37 20 00
30.	149 25 00	37 15 00
31.	149 15 00	37 15 00
32.	149 15 00	37 10 00
33.	149 00 00	37 10 00
34.	149 00 00	37 05 00
35.	148 50 00	37 05 00
36.	148 50 00	37 00 00
37.	148 35 00	37 00 00
38.	148 35 00	36 55 00
39.	148 25 00	36 55 00
40.	148 25 00	36 50 00
41.	148 10 00	36 50 00
42.	148 10 00	36 30 00
43.	148 05 00	36 30 00
44.	148 05 00	36 05 00
45.	148 00 00	36 05 00
46.	148 00 00	36 00 00
47.	147 40 00	36 00 00
48.	147 40 00	35 30 00
49.	146 50 00	35 30 00
50.	146 50 00	35 15 00
51.	146 30 00	35 15 00
52.	146 30 00	35 00 00
53.	144 00 00	35 00 00

VICTORIA
Point	   East	   South
1.	141 00 00	36 35 00
2.	141 00 00	33 00 00
3.	143 00 00	33 00 00
4.	143 00 00	34 00 00
5.	144 00 00	34 00 00
6.	144 00 00	35 00 00
7.	146 30 00	35 00 00
8.	146 30 00	35 15 00
9.	146 50 00	35 15 00
10.	146 50 00	35 30 00
11.	147 40 00	35 30 00
12.	147 40 00	36 00 00
13.	148 00 00	36 00 00
14.	148 00 00	36 05 00
15.	148 05 00	36 05 00
16.	148 05 00	36 30 00
17.	148 10 00	36 30 00
18.	148 10 00	36 50 00
19.	148 25 00	36 50 00
20.	148 25 00	36 55 00
21.	148 35 00	36 55 00
22.	148 35 00	37 00 00
23.	148 50 00	37 00 00
24.	148 50 00	37 05 00
25.	149 00 00	37 05 00
26.	149 00 00	37 10 00
27.	149 15 00	37 10 00
28.	149 15 00	37 15 00
29.	149 25 00	37 15 00
30.	149 25 00	37 20 00
31.	149 40 00	37 20 00
32.	149 40 00	37 25 00
33.	149 50 00	37 25 00
34.	149 50 00	37 30 00
35.	150 00 00	37 30 00
36.	150 00 00	38 00 00
37.	149 00 00	38 00 00
38.	149 00 00	40 00 00
39.	143 00 00	40 00 00
40.	143 00 00	39 00 00
41.	141 15 00	39 00 00
42.	141 15 00	37 30 00
43.	141 10 00	37 30 00
44.	141 10 00	36 35 00
45.	141 00 00	36 35 00

DARWIN
Point	   East	   South
1.	130 00 00	13 00 00
2.	130 00 00	12 00 00
3.	132 00 00	12 00 00
4.	132 00 00	13 00 00
5.	130 00 00	13 00 00

NORTH QUEENSLAND
Point	   East	   South
1.	145 00 00	19 00 00
2.	145 00 00	16 00 00
3.	147 00 00	16 00 00
4.	147 00 00	19 00 00
5.	149 00 00	19 00 00
6.	149 00 00	20 00 00
7.	150 00 00	20 00 00
8.	150 00 00	21 00 00
9.	151 00 00	21 00 00
10.	151 00 00	23 00 00
11.	152 00 00	23 00 00
12.	152 00 00	24 00 00
13.	153 00 00	24 00 00
14.	153 00 00	24 25 00
15.	151 00 00	24 25 00
16.	151 00 00	24 35 00
17.	150 45 00	24 35 00
18.	150 45 00	24 40 00
19.	150 25 00	24 40 00
20.	150 25 00	24 45 00
21.	149 00 00	24 45 00
22.	149 00 00	24 00 00
23.	148 00 00	24 00 00
24.	148 00 00	21 00 00
25.	146 00 00	21 00 00
26.	146 00 00	19 00 00
27.	145 00 00	19 00 00

WESTERN AUSTRALIA
Point	   East	   South
1.	113 00 00	29 00 00
2.	113 00 00	28 00 00
3.	117 00 00	28 00 00
4.	117 00 00	30 00 00
5.	118 00 00	30 00 00
6.	118 00 00	32 00 00
7.	119 00 00	32 00 00
8.	119 00 00	36 00 00
9.	116 00 00	36 00 00
10.	116 00 00	35 00 00
11.	114 00 00	35 00 00
12.	114 00 00	33 00 00
13.	115 00 00	33 00 00
14.	115 00 00	31 00 00
15.	114 00 00	31 00 00
16.	114 00 00	29 00 00
17.	113 00 00	29 00 00

SOUTH QUEENSLAND
Point	   East	   South
1.	149 00 00	25 00 00
2.	149 00 00	24 45 00
3.	150 25 00	24 45 00
4.	150 25 00	24 40 00
5.	150 45 00	24 40 00
6.	150 45 00	24 35 00
7.	151 00 00	24 35 00
8.	151 00 00	24 25 00
9.	153 00 00	24 25 00
10.	153 00 00	24 00 00
11.	154 00 00	24 00 00
12.	154 00 00	28 35 00
13.	152 10 00	28 35 00
14.	152 10 00	28 50 00
15.	150 00 00	28 50 00
16.	150 00 00	25 00 00
17.	149 00 00	25 00 00

TASMANIA
Point	   East	   South
1.	143 00 00	41 00 00
2.	143 00 00	40 00 00
3.	149 00 00	40 00 00
4.	149 00 00	44 00 00
5.	145 00 00	44 00 00
6.	145 00 00	42 00 00
7.	144 00 00	42 00 00
8.	144 00 00	41 00 00
9.	143 00 00	41 00 00

SOUTH AUSTRALIA
Point	   East	   South
1.	130 00 00	32 00 00
2.	130 00 00	31 00 00
3.	135 00 00	31 00 00
4.	135 00 00	32 00 00
5.	139 00 00	32 00 00
6.	139 00 00	33 00 00
7.	141 00 00	33 00 00
8.	141 00 00	36 35 00
9.	141 10 00	36 35 00
10.	141 10 00	37 30 00
11.	141 15 00	37 30 00
12.	141 15 00	39 00 00
13.	140 00 00	39 00 00
14.	140 00 00	38 00 00
15.	139 00 00	38 00 00
16.	139 00 00	37 00 00
17.	136 00 00	37 00 00
18.	136 00 00	36 00 00
19.	135 00 00	36 00 00
20.	135 00 00	34 00 00
21.	134 00 00	34 00 00
22.	134 00 00	33 00 00
23.	132 00 00	33 00 00
24.	132 00 00	32 00 00
25.	131 00 00	32 00 00
26.	130 00 00	32 00 00

Notes to the Radiocommunications (Spectrum Re-allocation) Declaration No. 1 of 2005

Note 1

The Radiocommunications (Spectrum Re-allocation) Declaration No. 1 of 2005 (in force under subsection 153B (1) of the Radiocommunications Act 1992) as shown in this compilation is amended as indicated in the Tables below.

Table of Instruments

Title	Date of FRLI registration	Date of commencement	Application, saving or transitional provisions
Radiocommunications (Spectrum Re-allocation) Declaration No. 1 of 2005	12 Apr 2005 (see F2005L00898)	13 Apr 2005
Radiocommunications (Spectrum Re-allocation) Declaration No. 1 of 2005 (Amendment No. 1 of 2006)	13 Apr 2006 (see F2006L01128)	14 Apr 2006	—

Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
S. 4.................	am. 2006 No. 1
Schedule 1
Schedule 1............	rs. 2006 No. 1

Overview

The Radiocommunications (Spectrum Re-allocation) Declaration No. 1 of 2005 was enacted to address the need for reallocating spectrum resources in Australia, ensuring efficient use of the radio spectrum for communication services. This legislative instrument was made under subsection 153B(1) of the Radiocommunications Act 1992 by the Parliament of Australia. The primary objective of this Declaration is to reallocate the spectrum from 2010 MHz to 2025 MHz for specified designated areas within Australia, ensuring orderly transition and avoiding interference with existing services. The reallocation process is subject to a defined period, beginning on the day after the Declaration's commencement and ending on 31 December 2007. The reallocation must be completed by issuing spectrum licences under the Act.

Scope and Application

The Radiocommunications (Spectrum Re-allocation) Declaration No. 1 of 2005 made under the Radiocommunications Act 1992 specifies the re-allocation of the spectrum from 2010 MHz to 2025 MHz for designated areas within Australia. The Declaration applies to the re-allocated spectrum within the territorial limits of Australia, specifically in New South Wales, Australian Capital Territory, Victoria, Darwin, North Queensland, Western Australia, South Queensland, Tasmania, and South Australia. This re-allocation is limited to a specific period, beginning the day after the Declaration's commencement and ending on 31 December 2007, with a re-allocation deadline of midnight on 31 December 2006. The spectrum can only be re-allocated through the issuance of spectrum licences under the Act. The designated areas are defined in Schedule 1, which outlines specific geographic coordinates for each area. The Declaration has been amended, with the amendments coming into effect on 14 April 2006, as detailed in the Radiocommunications (Spectrum Re-allocation) Declaration No. 1 of 2005 (Amendment No. 1 of 2006).

Key Provisions

The Radiocommunications (Spectrum Re-allocation) Declaration No. 1 of 2005, as amended, specifies the reallocation of the spectrum from 2010 MHz to 2025 MHz (section 4(1)). This re-allocation applies to designated areas within Australia, as detailed in Schedule 1, for a period starting on the day after the Declaration is registered and ending on 31 December 2007 (section 4(3)). The re-allocation must be completed by issuing spectrum licences under the Radiocommunications Act 1992 by midnight on 31 December 2006 (sections 4(4) and 4(5)). This Act imposes specific obligations on entities operating within the designated areas during the re-allocation period. Operators must ensure that their use of the spectrum complies with the licensing conditions stipulated under the Act. They are also required to submit any necessary documentation and adhere to the timeline set for reallocation. Additionally, entities must avoid any interference with the designated spectrum to ensure the efficiency of the reallocation process. Failure to comply with the provisions of this Act may result in civil and criminal penalties. Civil penalties may include fines and other monetary penalties, while criminal penalties may include imprisonment or fines, depending on the severity and nature of the breach. The exact penalties are not specified within the text of this legislation but would be determined by the courts based on the circumstances of the case.

Area of Law: Environmental Law
Instrument: Legislative Instrument
Concepts: Definitions & Interpretation; Regulatory Standards; Enforcement Powers

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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.

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