Radiocommunications (Spread Spectrum Devices) Class Licence (Revocation) 2005

Administered by Department of Communications and the Arts

Legislation au F2005L02340 Not in force Legislative Instrument

Legislation content

 

EXPLANATORY STATEMENT

 

Issued by the Authority of the Australian Communications and Media Authority

 

Radiocommunications (Spread Spectrum Devices) Class Licence (Revocation) 2005

 

Radiocommunications Act 1992

 

Legislative Provisions

 

This instrument is the Radiocommunications (Spread Spectrum Devices) Class Licence (Revocation) 2005 (the Revocation Instrument) and is made under s 135 of the Radiocommunications Act 1992 (the Act). Section 135 empowers the Australian Communications and Media Authority (ACMA) to revoke a class licence made under section 132 of the Act.

 

ACMA’s power to revoke a class licence is subject to ACMA complying with consultation requirements set out in subsection 136(2).

 

A class licence is a legislative instrument for the purposes of the Legislative Instruments Act 2003.

 

Background

 

It is a requirement of the Act that the operation of all radiocommunications transmitters within Australia be authorised by a radiocommunications licence.

 

Class licensing is an effective and efficient means of spectrum management for services where a limited set of common frequencies is employed, and equipment is operated under a common set of conditions.  It also involves minimum licence administration by ACMA.  A class licence sets out the conditions under which any person is permitted to operate devices; it is not issued to an individual user, and does not involve the payment of licence fees.

 

Class licences authorise users of designated segments of spectrum to operate on a shared basis.  The licences are issued by ACMA by a notice published in the Commonwealth of Australia Gazette (the Gazette).

 

The Radiocommunications (Spread Spectrum Devices) Class Licence 2002 (the Spread Spectrum Class Licence) authorised the operation of devices that employ direct sequence spread spectrum modulation techniques, frequency hopping spread spectrum modulation techniques, or both, to transmit information.  The Spread Spectrum Class Licence supported the use of short-range spread spectrum devices, which are used in applications such as bar code readers, point-of-sale networks, radio local area networks (RLANs), and wireless private automatic branch exchanges.

 

The Revocation Instrument revokes the Spread Spectrum Class Licence.

 

 

 

Purpose

 

The Spread Spectrum Class Licence has been revoked to remove uncertainty and duplication caused by having two class licences authorising the operation of spread spectrum devices. Some classes of spread spectrum devices were authorised under both Spread Spectrum Class Licence and the Radiocommunications (Low Interference Potential Devices) Class Licence 2000 (the LIPD Class Licence). One class of spread spectrum devices known as frequency hopping spread spectrum devices was authorised under only the Spread Spectrum Class Licence.

 

In order to rationalise authorisation of all classes of spread spectrum devices ACMA varied the LIPD Class Licence so that it also covered the frequency hopping spread spectrum devices previously authorised under the Spread Spectrum Class Licence. As a consequence of authorising frequency hopping spread spectrum devices under the LIPD Class Licence, the Spread Spectrum Class Licence was made redundant.  

 

Impact and Effect

 

There are two changes to the authorised operation of these devices under the LIPD Class Licence.  The first change is that one of the frequency bands previously authorised under the Spread Spectrum Class Licence has been reduced from 5725-5875 MHz to 5725-5850 MHz in the LIPD Class Licence.  This reduction will not impact on the use of any currently supplied equipment. 

 

The second change is that the maximum EIRP of spread spectrum devices operating in the band 5725-5850 MHz has increased from 1 W to 4 W under the LIPD Class Licence.  This is in line with the current limit in the LIPD Class Licence for digital modulation transmitters operating in the same band.

 

Consultation

In accordance with subsection 136(2) of the Act, before making the Revocation Instrument, ACMA’s predecessor, the Australian Communications Authority (the ACA) published a notice in the Gazette. The written notice advised interested persons of the ACA’s intention to revoke the Spread Spectrum Class Licence. The notice was published on 25 May 2005 and sought interested persons to make representations about the proposed revocation by 28 June 2005.  Two submissions were received; both supported the revocation.

 

The Office of Regulation Review (ORR) advised that a Regulation Impact Statement was not required for the revocation.  The ORR reference number is 7002.

 

Detailed description of the Revocation Instrument

 

Details of the Revocation Instrument are set out in Attachment 1.

ATTACHMENT 1

 

Notes about instrument

 

Section 1 Name of Instrument

 

Section 1 provides that the name of the instrument is the Radiocommunications (Spread Spectrum Devices) Class Licence (Revocation) 2005 (the Revocation Instrument).

 

Section 2 Commencement

 

Section 2 provides that the Revocation Instrument takes effect on the day after it is registered.

 

Section 3 Revocation

 

Section 3 has the effect of revoking the Radiocommunications (Spread Spectrum Devices) Class Licence 2002 (the Spread Spectrum Class Licence).

 

 

Overview

The Radiocommunications (Spread Spectrum Devices) Class Licence (Revocation) 2005, enacted under section 135 of the Radiocommunications Act 1992, was introduced to address the redundancy and duplication in the authorisation of spread spectrum devices. This instrument, made by the Australian Communications and Media Authority (ACMA), revokes the Radiocommunications (Spread Spectrum Devices) Class Licence 2002 to streamline spectrum management and eliminate confusion caused by overlapping authorisations. The revocation aims to consolidate all classes of spread spectrum devices under a single class licence, specifically the Radiocommunications (Low Interference Potential Devices) Class Licence 2000, thereby ensuring more efficient and effective spectrum use. ACMA's decision followed consultation with interested parties and was supported by the Office of Regulation Review, which deemed a Regulation Impact Statement unnecessary for this revocation.

Scope and Application

The Radiocommunications (Spread Spectrum Devices) Class Licence (Revocation) 2005 applies to the revocation of the Radiocommunications (Spread Spectrum Devices) Class Licence 2002, which previously authorised the operation of devices employing direct sequence spread spectrum modulation techniques, frequency hopping spread spectrum modulation techniques, or both. The revocation is made under section 135 of the Radiocommunications Act 1992 and is subject to consultation requirements set out in subsection 136(2). This revocation affects any person or entity operating spread spectrum devices within Australia, as all radiocommunications transmitters require authorisation under the Act. The revocation aims to rationalise the authorisation of spread spectrum devices by integrating them under the Radiocommunications (Low Interference Potential Devices) Class Licence 2000, thereby eliminating duplication and uncertainty. The revocation is effective from the day after it is registered, and no licence fees are involved as class licences do not require individual issuance.

Key Provisions

The main operative sections of the Radiocommunications (Spread Spectrum Devices) Class Licence (Revocation) 2005 (the Revocation Instrument) include section 1, which names the instrument, and section 3, which revokes the Radiocommunications (Spread Spectrum Devices) Class Licence 2002. Section 2 states that the Revocation Instrument takes effect on the day after it is registered. This means that once the instrument is registered, the revocation of the class licence becomes effective immediately thereafter. The Revocation Instrument imposes specific obligations and requirements on parties and entities governed by the Radiocommunications Act 1992. Primarily, it mandates that all operations of radiocommunications transmitters within Australia must be authorised by a radiocommunications licence. The Revocation Instrument revokes the Spread Spectrum Class Licence, which previously allowed for the operation of spread spectrum devices under certain conditions. As a result, any operations that were previously authorised under this class licence must now comply with the updated or alternative licensing conditions, specifically under the Radiocommunications (Low Interference Potential Devices) Class Licence 2000. Any breach of the requirements set forth in the Radiocommunications Act 1992, including the operation of radiocommunications devices without proper authorisation, may result in offences and penalties. The Act stipulates that unauthorised operation of radiocommunications devices can lead to civil and criminal consequences. While the specific penalties are not detailed in the Revocation Instrument, breaches of the Radiocommunications Act can generally incur significant fines and potential imprisonment, depending on the severity and frequency of the infringement. The Revocation Instrument also ensures that the revocation process complies with the consultation requirements set out in subsection 136(2) of the Act. Before revoking the Spread Spectrum Class Licence, the Australian Communications Authority (the ACA), predecessor to the Australian Communications and Media Authority (ACMA), published a notice in the Commonwealth of Australia Gazette. This notice sought representations from interested parties regarding the proposed revocation. Additionally, the Office of Regulation Review determined that a Regulation Impact Statement was not required for this revocation, as indicated by the ORR reference number 7002.

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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.