Radiocommunications (Transfer of Apparatus Licences) Determination 2000

Overview

The Radiocommunications (Transfer of Apparatus Licences) Determination 2000 was made under the Radiocommunications Act 1992 by the Australian Communications Authority, with the aim of addressing specific circumstances under which apparatus licences are not transferable. This Determination was introduced to provide clarity and ensure the proper administration of radiocommunications apparatus licences, particularly in relation to exemptions and the provision of broadcasting services both within Australia and internationally. The Determination revoked earlier versions to consolidate and update the regulatory framework governing the transfer of these licences. The policy objective is to maintain the integrity and purpose of the licensing system by preventing transfers that could compromise the intended use or exempt status of the licences.

Scope and Application

The Radiocommunications (Transfer of Apparatus Licences) Determination 2000 applies to the transfer of apparatus licences under the Radiocommunications Act 1992, affecting both natural and legal persons, including entities operating radiocommunication devices. The geographic reach of this Determination is national, applying across Australia, as it is a Commonwealth instrument. The Determination outlines specific circumstances under which apparatus licences are not transferable, such as when the licensee is an exempt person and the transferee is not, or when the licensee is an eligible person and the transferee is neither an exempt person nor an eligible person. Additionally, it specifies that an apparatus licence used for international broadcasting services is not transferable unless an international broadcasting licence is in effect, and similarly restricts the transfer of licences used by the Australian Broadcasting Corporation (ABC) and the Special Broadcasting Service (SBS) for services outside Australia. The Determination revokes previous determinations, signalling an update to the legislative framework governing the transfer of such licences.

Key Provisions

The Radiocommunications (Transfer of Apparatus Licences) Determination 2000 specifies circumstances under which apparatus licences cannot be transferred. For instance, section 5(1) states that a licence is not transferable if the licensee is an exempt person and the proposed transferee is not exempt. Similarly, section 5(2) states that a licence is not transferable if the licensee is an eligible person and the proposed transferee is neither an exempt person nor an eligible person. Furthermore, section 5(3) provides that a licence authorising the operation of a radiocommunications device for an international broadcasting service cannot be transferred unless there is an active international broadcasting licence for that service. Additionally, section 5(4) prohibits the transfer of a licence if the proposed transferee intends to provide an international broadcasting service or a service within Australia. Finally, section 5(5) states that a licence authorising a radiocommunications device used in an exempt broadcasting service cannot be transferred to a proposed transferee not eligible for exemption. The Determination imposes specific obligations on parties involved in the transfer of apparatus licences. For example, section 5(1) and section 5(2) require that both the licensee and the proposed transferee be classified appropriately—either as exempt or eligible persons. Section 5(3) mandates that for international broadcasting services, an active international broadcasting licence must be in force before a transfer can occur. Furthermore, section 5(4) stipulates that the proposed use of the apparatus licence must not conflict with the original intent of the licence, particularly if the service is to be provided within or outside Australia. Finally, section 5(5) necessitates that the proposed transferee must be eligible for exemption if the apparatus licence pertains to an exempt broadcasting service. Breaches of the provisions outlined in this Determination can lead to various consequences. While the Determination does not explicitly list penalties, violations of the Radiocommunications Act 1992, under which this Determination is made, can incur significant penalties. Generally, contraventions of the Act may result in fines and imprisonment. For instance, section 131M of the Radiocommunications Act 1992 stipulates that unauthorised use of radiocommunications apparatus can lead to a penalty of up to $11,000 for individuals and $55,000 for corporations. Additionally, sections 131N and 131P of the Act may impose penalties for failure to comply with licence conditions, which can include fines of up to $55,000 for individuals and $275,000 for corporations. Therefore, any breach of the transfer restrictions under this Determination could potentially lead to these or other penalties under the overarching Act.