Radiocommunications (Transmitter and Receiver Licences) Determination

Overview

The Radiocommunications (Transmitter and Receiver Licences) Determination was enacted in 1995 under subsection 98(1) of the Radiocommunications Act 1992 by the Australian Parliament. The purpose of this legislative instrument was to address the need for a comprehensive and updated regulatory framework governing the licensing of radiocommunications transmitters and receivers in Australia. This Determination provides a structured approach to the classification, issuance, and management of licences for various types of transmitters and receivers, replacing previous fragmented and outdated determinations. By doing so, it ensures that the licensing process is more efficient and better suited to the current technological landscape, ultimately serving the policy objective of facilitating orderly and effective radiocommunications in Australia.

Scope and Application

The Radiocommunications (Transmitter and Receiver Licences) Determination made under subsection 98(1) of the Radiocommunications Act 1992 applies to the issuance of transmitter and receiver licences within the Commonwealth of Australia. The Australian Communications and Media Authority (ACMA) is authorised to issue specific types of transmitter and receiver licences as outlined in Schedules 1 and 2 respectively. These licences cater to various sectors, including aeronautical, aircraft, amateur, broadcasting, earth, fixed, land mobile, maritime coast, maritime ship, outpost, PTS, radiodetermination, scientific, space, datacasting, and defence. The Determination revokes previous licensing determinations, effective from 3 April 1995, but provides transitional arrangements to ensure that existing licences remain in effect until their specified period or until suspended or cancelled. The ACMA’s authority to issue these licences is further detailed through subordinate instruments, which amend the original Determination to reflect changes in regulatory needs over time.

Key Provisions

The Radiocommunications (Transmitter and Receiver Licences) Determination (2010) provides the framework for the issuance of transmitter and receiver licences under the Radiocommunications Act 1992. According to sections 4 and 5, the Australian Communications and Media Authority (ACMA) is authorised to issue transmitter licences of the types specified in column 2 of Schedule 1 and receiver licences of the types specified in column 2 of Schedule 2. This Determination, which came into effect on 3 April 1995, revokes previous determinations, such as the Radiocommunications (Receivers) Determination No. 1 of 1993 and the Radiocommunications (Transmitters) Determination No. 1 of 1993, ensuring that all current licensing practices are governed by the updated provisions. The Act imposes specific obligations on both the ACMA and licence holders. The ACMA must ensure that all issued licences are in compliance with the Radiocommunications Act 1992 and the conditions specified in the licence itself. Licence holders are required to operate their transmitters or receivers in accordance with the terms of their licence and any additional conditions imposed by the ACMA. Additionally, licence holders must maintain their equipment to prevent interference with other radiocommunications services and must notify the ACMA of any changes to their operations or circumstances that could affect their compliance. Failure to comply with the provisions of the Radiocommunications Act 1992 or the Radiocommunications (Transmitter and Receiver Licences) Determination can result in significant penalties. Civil penalties may include fines up to a specified amount, while criminal penalties may include fines of a higher amount and/or imprisonment for offences involving serious interference or non-compliance. The exact penalties are determined by the seriousness of the breach and are outlined in the Radiocommunications Act 1992. The Determination ensures that any breach of its provisions will be met with appropriate consequences to maintain the integrity and efficiency of radiocommunications in Australia.