Radiocommunications Act 1992 (Cth)

Radiocommunications Act 1992

No. 174, 1992

Compilation No. 81

Compilation date: 11 December 2024

Includes amendments: Act No. 113, 2024

About this compilation

This compilation

This is a compilation of the Radiocommunications Act 1992 that shows the text of the law as amended and in force on 11 December 2024 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents Chapter 1—Preliminary Part 1.1—Formal matters 1 Short title 2 Commencement Part 1.2—Object of this Act 3 Object 4 Outline of this Act Part 1.3—Interpretative provisions 5 Definitions 6 Definition of radiocommunication 7 Definitions of radiocommunications device, radiocommunications transmitter and radiocommunications receiver 7A Designated radiocommunications receiver 8 Definitions of radio emission and transmitter 9 Application of labels 9B Digital mode 9C Digital community radio broadcasting representative company 9D Incumbent digital radio broadcasting licensees 10 Public or community services 10A ACMA determinations about space objects 10B Authorised defence supplier 11 References to offences against this Act etc. Part 1.4—Application of this Act 12 Outline of this Part Division 1—General 13 Crown to be bound Division 2—Provisions relating to location and similar matters 14 Operation of this Division 15 Application to external Territories 16 Application outside Australia 17 Offshore areas 17A Greater Sunrise special regime area, Greater Sunrise pipeline international offshore area and Bayu‑Undan pipeline international offshore area 18 Application to the atmosphere etc. Division 3—Provisions extending the concept of radiocommunication 19 Operation of this Division 20 Radio transmissions for the purpose of measurement 21 Astronomical and meteorological observations 22 Lighthouses etc. Division 4—Matters to which this Act does not apply 23 Foreign space objects, vessels and aircraft 24 Defence research and intelligence 25 Special defence undertakings 26 Additional exemption for defence matters 27 Exemption for defence, law enforcement and emergency personnel 28 Use of devices by the ACMA Part 1.5—Ministerial policy statements 28A Simplified outline of this Part 28B Ministerial policy statements 28C The ACMA must have regard to Ministerial policy statements Part 1.6—The ACMA's work program 28D Simplified outline of this Part 28E The ACMA's work program 28F Consultation Chapter 2—Radio frequency planning 29 Outline of this Chapter Part 2.1—Spectrum plans and frequency band plans 30 Spectrum plans 31 Planning of broadcasting services bands 32 Frequency band plans 33 Publication etc. of plans Part 2.2—Marketing plans 37 Preparation or variation of frequency band plans 39 Marketing plans—unencumbered spectrum 39A Marketing plans—re‑allocation of spectrum 41 Delays in preparing marketing plans 42 Variation of marketing plans 44 Expressions of interest in spectrum licences Part 2.3—Digital radio channel plans 44A Preparation of digital radio channel plans Chapter 3—Licensing of radiocommunications 45 Outline of this Chapter Part 3.1—Unlicensed radiocommunications Division 1—Offences and civil penalties 46 Unlicensed operation of radiocommunications devices 47 Unlawful possession of radiocommunications devices 48 Additional provisions about possession of radiocommunications devices 49 Emergency operation etc. of radiocommunications devices Division 2—Civil proceedings 50 Civil proceedings Part 3.2—Spectrum licences 51 Outline of this Part Division 1—Issuing spectrum licences Subdivision B—Issuing spectrum licences 60 Procedures for allocating spectrum licences 60A Direct allocation of spectrum licences 60B Restriction on allocation of spectrum licences 61 Preparation of draft spectrum licences 62 Issue of spectrum licences 63 Compliance with marketing plans Subdivision C—Contents of spectrum licences 64 Authorisation to use part of the spectrum 65 Duration of spectrum licences 65A Renewal statements etc. 66 Core conditions of spectrum licences 67 Conditions about payment of charges 68 Conditions about third party use 68A Authorisation under spectrum licence taken to be an acquisition of an asset and conduct 69 Conditions about registration of radiocommunications transmitters 69A Conditions about residency etc. 71 Other conditions of spectrum licences Subdivision D—Rules about section 50 and related provisions of the Competition and Consumer Act 71A Issue of spectrum licence taken to be an acquisition of an asset and conduct Division 2—Varying spectrum licences 72 Variation with agreement 73 Variation without agreement 73A Conditions included in a spectrum licence—decision‑making powers Division 3—Suspending and cancelling spectrum licences 74 Application of this Division 75 Suspending spectrum licences 76 Period of suspension 77 Cancelling spectrum licences Division 3A—Renewal of spectrum licences 77A Applications for renewal of spectrum licences 77B Further information 77C Renewal of spectrum licences 77D Notice of refusal to renew spectrum licence etc. 77E Application of other provisions Division 4—Issuing further spectrum licences (otherwise than by way of renewal) 78 Notice of spectrum licences that are about to expire 79 Preparation of draft further spectrum licences 80 Procedures for re‑allocating spectrum licences 81 Issue of further spectrum licences 83 General rules about newly‑issued spectrum licences apply to re‑issued spectrum licences 84 Commencement of re‑issued spectrum licences Division 5—Trading spectrum licences 85 Trading spectrum licences 86 Registration of assignments etc. 87 Variation etc. of spectrum licences to take assignments into account 88 Rules about assignments etc. Division 6—Resuming spectrum licences Subdivision A—Resuming spectrum licences by agreement 89 ACMA may resume spectrum licences by agreement 90 Effect of resumption Subdivision B—Resuming spectrum licences by compulsory process 91 ACMA may resume spectrum licences compulsorily 92 Effect of resumption 93 Payment of compensation 94 Interest payable on resumption etc. 95 Reaching agreements during the compulsory process Part 3.3—Apparatus licences 96 Outline of this Part Division 1A—Use of spectrum for community broadcasting 96A Policy in relation to certain community broadcasting services and open narrowcasting television services 96B Licences of certain kinds must not be granted to new holders after 30 June 2021 96C Declaration to make spectrum available for alternative uses 96D Determination of specified day Division 1—Kinds of apparatus licences 97 Transmitter licences and receiver licences 98 Types of transmitter licences and receiver licences 98C Foundation category 1 digital radio multiplex transmitter licence 98D Foundation category 2 digital radio multiplex transmitter licence 98E Limit on declaration of foundation digital radio multiplex transmitter licences Division 2—Issuing apparatus licences 99 Applications for apparatus licences 100 Issuing apparatus licences 100AA NBS transmitter licences—authorised channels 100A NBS transmitter licences—authorisation of datacasting services 100C NBS transmitter licences—authorisation of radio broadcasting services 100D NBS transmitter licences—authorisation of SDTV multi‑channelled national television broadcasting services 100E NBS transmitter licences—authorisation of HDTV multi‑channelled national television broadcasting services 101 Testing of radiocommunications devices 101A Transmitter licences for temporary community broadcasting 102 Transmitter licences for certain broadcasting services 102AD Transmitter licences—authorised channels 102AE Consolidating transmitter licences for certain broadcasting services 102C Category 1 digital radio multiplex transmitter licences 102D Category 2 digital radio multiplex transmitter licences 102E Category 3 digital radio multiplex transmitter licences 102F Limit on issue of non‑foundation digital radio multiplex transmitter licences 102G Limits on use of the spectrum 103 Duration of apparatus licences 103A Renewal statements etc. 103B Variation of renewal statements etc. with agreement 103C Variation of renewal statements etc. without agreement 104 Compliance with plans 105 Restrictions on issuing apparatus licences 105A Notice of apparatus licences that are about to expire 106 Price‑based allocation system for certain transmitter licences 106A Issue of apparatus licence taken to be an acquisition of an asset and conduct Division 3—Conditions of apparatus licences 107 General conditions 108 Additional conditions for transmitter licences 108A Conditions of transmitter licences for temporary community broadcasters 109 Conditions of transmitter licences for certain broadcasting services 109B Conditions of digital radio multiplex transmitter licences—general 109C Conditions of category 1 and category 2 digital radio multiplex transmitter licences—access etc. 109D Conditions of foundation digital radio multiplex transmitter licences 110 Conditions relating to interference 110A Conditions determined by the ACMA 111 Changes to licence conditions 111A Licence conditions may confer powers on the ACMA or a person who holds an accreditation 112 Guidelines relating to conditions etc. 113 Contravention of conditions 113A Constitutional safety net—issue of shares to digital community radio broadcasting representative company Division 4—Third party users 114 Licensees may authorise third party users 114A Authorisation under apparatus licence taken to be an acquisition of an asset and conduct 115 Determinations limiting authorisation of third party users 116 Revocation of authorisations 117 Licensees must keep records of authorisations 118 Licensees must notify authorised persons of certain matters Division 4B—Access to digital radio multiplex transmitter licences Subdivision A—Introduction 118N Simplified outline 118NA Scope 118NB Definitions 118NC National broadcasters Subdivision B—Access undertakings 118ND Digital radio multiplex transmitter licensees must give the ACCC access undertakings 118NE Further information about access undertakings 118NF ACCC to accept or reject access undertakings 118NG Duration of access undertakings etc. 118NH Variation of access undertakings 118NI Further information about variation of access undertakings 118NJ Decision‑making criteria 118NK Register of access undertakings Subdivision C—Standard access obligations, excess‑capacity access obligations and distributed‑capacity access obligations 118NL Standard access obligations 118NM Excess‑capacity access obligations 118NN Distributed‑capacity access obligations 118NO Compliance with access obligations 118NP Other obligations 118NQ Standard access entitlements of commercial broadcasters 118NR Standard access entitlements of community broadcasters 118NS Standard access entitlements of national broadcasters 118NT Excess‑capacity access entitlements etc. 118NU Distributed‑capacity access entitlements etc. 118NV Capacity cap—digital commercial radio broadcasting licensees 118NW Suspension of access entitlements 118NX Transfer of digital radio multiplex transmitter licence 118NY Renewal of digital radio multiplex transmitter licence Subdivision D—Enforcement 118NZ Judicial enforcement of access obligations etc. 118P Enforcement of access undertakings Subdivision E—External audits 118PA External audits 118PB Eligibility for appointment 118PC External auditor may have regard to the results of previous audit 118PD External auditors Subdivision F—Review of decisions 118PE Review by Australian Competition Tribunal 118PF Functions and powers of Australian Competition Tribunal 118PG Provisions that do not apply in relation to a Australian Competition Tribunal review 118PH Statement of reasons for reviewable decision—specification of documents Subdivision G—Injunctions 118PI Injunctions 118PJ Interim injunctions 118PK Discharge or variation of injunctions 118PL Certain limits on granting injunctions not to apply 118PM Other powers of the Federal Court unaffected Subdivision H—Miscellaneous 118PN Annual reports 118PO Procedural Rules 118PP Constitutional safety net Division 4C—Access to broadcasting transmission towers etc. by digital radio multiplex transmitter licensees and authorised persons Subdivision A—Introduction 118Q Simplified outline 118QA Definitions 118QB Designated associated facilities 118QC Extended meaning of access Subdivision B—Access to broadcasting transmission towers etc. by digital radio multiplex transmitter licensees 118QD Access to broadcasting transmission towers 118QE Access to designated associated facilities 118QF Access to sites of broadcasting transmission towers 118QG Terms and conditions of access 118QH Code relating to access Subdivision C—Miscellaneous 118QI Arbitration—acquisition of property 118QJ Relationship between this Division and the National Transmission Network Sale Act 1998 Division 5—Qualified operators 119 ACMA to determine the need for qualified operators 120 Applications for certificates of proficiency 121 Issuing certificates of proficiency 122 Restrictions on issuing certificates of proficiency 122A Delegating the power to issue certificates of proficiency 123 Re‑examination of qualified operators 124 Cancelling certificates of proficiency Division 6—Suspending and cancelling apparatus licences Subdivision A—General provisions 125 Application of this Subdivision 126 Suspending apparatus licences 127 Period of suspension 128 Cancelling apparatus licences Subdivision B—International broadcasting services 128A Application of this Subdivision 128B Cancelling transmitter licences Division 7—Renewing apparatus licences 129 Applications for renewal of apparatus licences 129A Further information 130 Renewing apparatus licences 131 Application of other provisions Division 8—Transfer of apparatus licences 131AA Applications for transfer of apparatus licences 131AB Transfer of apparatus licences 131AC Apparatus licences not transferable in certain circumstances Division 10—Provisional international broadcasting certificates 131AE Applications for certificates 131AF Issuing certificates 131AG Duration of certificates Part 3.4—Class licences Division 1—General 132 ACMA may issue class licences 133 Conditions of class licences 134 Varying class licences 136 Consultation on variations and revocations 137 Compliance with plans 138 Parts of the spectrum allocated for spectrum licences Division 2—Requests for advice 140 Requests for advice on operation of radiocommunications devices 141 ACMA to advise on the operation of radiocommunications devices 142 The effect of the ACMA's advice Part 3.5—Registration of licences 143 The Register of Radiocommunications Licences 144 Contents of the Register—spectrum licences 145 Refusal to register radiocommunications transmitters for operation under spectrum licences 146 Updating the Register to take variations etc. of spectrum licences into account 147 Contents of the Register—apparatus licences 148 Updating the Register to take variations etc. of apparatus licences into account 149 Contents of the Register—class licences 150 Updating the Register to take variations etc. of class licences into account 151 Inspection of the Register 152 Parts of the Register may be kept confidential 153 Correction of the Register Part 3.6—Re‑allocation of encumbered spectrum 153A Outline of this Part 153B Spectrum re‑allocation declaration 153D Affected apparatus licences and licensees 153H Effect of spectrum re‑allocation declaration 153J Revocation and variation of spectrum re‑allocation declaration 153K Automatic revocation of spectrum re‑allocation declaration if no licences allocated by re‑allocation deadline 153L Re‑allocation by means of issuing spectrum licences 153M Re‑allocation by means of issuing apparatus licences 153N Restriction on issuing spectrum licences for parts of the spectrum subject to re‑allocation 153P Restriction on issuing apparatus licences for parts of the spectrum subject to re‑allocation Chapter 4—General regulatory provisions 154 Outline of this Chapter Part 4.1—Equipment Division 1—Introduction 155 Simplified outline of this Part Division 2—Equipment rules 156 Equipment rules 157 Constitutional limits 158 Standards 159 Obligations, prohibitions and permits 160 Breach of equipment rules and permit conditions 161 Equipment rules may confer powers on the ACMA 162 Equipment rules may confer powers on accredited persons 163 Equipment rules may authorise the charging of fees by certain persons 164 Divisions 4 and 5 do not limit the ACMA's power to make equipment rules Division 3—Protected symbols 165 Use or application of protected symbols 166 Protected symbol Division 4—Bans on equipment Subdivision A—Interim bans 167 Interim bans on equipment 168 Duration of interim bans 169 Revocation of interim bans 170 Compliance with interim bans 171 Actions for damages Subdivision B—Permanent bans 172 Permanent bans on equipment 173 When permanent bans come into force 174 Revocation of permanent bans 175 Compliance with permanent bans—offences 176 Compliance with permanent bans—civil penalties 177 Actions for damages Subdivision C—Presumptions 178 Presumptions Subdivision D—Amnesty for banned equipment 179 Amnesty for banned equipment 180 The ACMA may take possession of equipment 181 Forfeiture of equipment to the Commonwealth 182 Forfeited equipment may be sold, destroyed or otherwise disposed of Division 5—Recall of equipment Subdivision A—Compulsory recall of equipment 183 Compulsory recall of equipment 184 Contents of a recall notice 185 Obligations of a supplier in relation to a recall notice 186 Compliance with recall notices 187 Actions for damages Subdivision B—Voluntary recall of equipment 188 Notification requirements for a voluntary recall of equipment Part 4.2—Offences relating to radio emission 192 Interference likely to prejudice safe operation of vessels, aircraft or space objects 193 Interference in relation to certain radiocommunications 194 Interference likely to endanger safety or cause loss or damage 195 Transmission from foreign vessel, aircraft or space object 196 Emergency transmissions etc. 197 Causing interference etc. 198 Transmission of false information 199 Transmission likely to cause explosion 200 Imputed knowledge 201 Operation of laws of States or Territories Part 4.3—Settlement of interference disputes Division 1—Conciliators 202 Conciliator Division 2—Referral of matters to conciliators 205 Referral of complaints to conciliators 206 Referral of other matters to conciliators 207 Consideration of whether to refer a matter Division 3—The conciliation process 208 Conciliator may effect settlement in relation to disputed conduct 209 Conciliator may decide not to make inquiry 210 Compulsory conference 211 Protection from civil actions Division 4—Directions 212 ACMA may issue directions 213 Complainants to be kept informed 214 Contravention of a direction 215 Commonwealth not liable for costs Division 5—Miscellaneous 216 Offences relating to settlement of interference disputes 217 Operation of State and Territory laws Part 4.4—Restricted use zones Division 1—Declarations of emergency 219 Declaration of period of emergency 220 Circumstances in which Proclamation may be made 221 Termination of period of emergency 221A Effect of a national emergency declaration Division 2—Restrictive orders 222 Restrictive orders 223 Publication of restrictive orders 224 Application of orders to broadcasting 225 Revocation of orders 226 Orders may have extended operation 227 Contravention of orders 228 Orders to prevail over inconsistent laws 229 Restrictive orders are legislative instruments Division 3—Guidelines for making restrictive orders 230 Minister may make guidelines Chapter 5—Administration and enforcement 231 Outline of this Chapter Part 5.1—Delegation 238 Delegation Part 5.3—Advisory guidelines 262 ACMA may make advisory guidelines Part 5.4—Accreditation 263 ACMA may accredit persons 264 Conditions of accreditation 264A Withdrawal of accreditation 265 Procedure for withdrawing accreditation 266 Accreditation rules 266A ACMA determination in relation to certificates Part 5.5—Enforcement Division 1—Introduction 267 Simplified outline of this Part Division 2—Enforcement 268 Remedial directions—breach of civil penalty provision 269 Civil penalty provisions—enforcement 270 Infringement notices 271 Enforceable undertakings 272 Injunctions Division 3—Forfeiture notices 273 Provisions subject to a forfeiture notice 274 When a forfeiture notice may be given 275 Matters to be included in a forfeiture notice 276 Extension of time to agree to forfeit a thing to the Commonwealth 277 Withdrawal of a forfeiture notice 278 Effect of agreeing to forfeit a thing to the Commonwealth 279 The ACMA may take possession of a thing 280 Forfeiture of a thing to the Commonwealth 281 Forfeited things may be sold, destroyed or otherwise disposed of 282 Effect of this Division 283 Designated forfeiture officer Division 4—Inspectors 284 Inspectors Division 5—Monitoring and investigation powers 284A Monitoring powers 284B Investigation powers—general 284C Identity card 284D Retention of thing seized etc. 284E Securing evidential material 284F Directions to licensees—managing interference with radiocommunications 284H Powers of inspectors to require operation of transmitters 284J General powers of inspectors 284K Self‑incrimination etc. Division 6—Power of inspectors to enter premises and adjust transmitters in emergencies Subdivision A—Powers of inspectors 284KA Power of inspectors to enter premises and adjust transmitters in emergencies Subdivision B—Investigation warrants 284KB Transmitter access warrants 284KC Offence relating to warrants Subdivision C—Issuing officers 284KD Issuing officer 284KE Powers of issuing officers Division 7—Court‑ordered forfeiture 284L Court may order forfeiture 284M Forfeited goods may be sold, destroyed or otherwise disposed of Division 8—Public warning notices 284N Public warning notices Division 9—Miscellaneous 284P Act not to affect performance of duties by inspectors 284Q Inspectors not authorised to enter or search certain land or premises etc. used for defence purposes Part 5.5A—Information‑gathering powers 284R Simplified outline of this Part 284S The ACMA may obtain information or documents 284T Copying documents—compensation 284U Copies of documents 284V ACMA may retain documents 284W Self‑incrimination Part 5.6—Review of decisions 285 Decisions that may be subject to reconsideration by the ACMA 286 Deadlines for reaching certain decisions 287 Statements to accompany notification of decisions 288 Applications for reconsideration of decisions 289 Reconsideration by the ACMA 290 Deadlines for reconsiderations 291 Statements to accompany notification of decisions on reconsideration 292 Review by the ART Part 5.7—Charges 294 Spectrum access charges 295 Publication of determinations 296 Collection of charges on behalf of the ACMA 297 Limits on charges 298 Recovery of charges 298A Fees imposed by bodies or organisations Chapter 6—Miscellaneous 299 International agreements etc. 300 Labelling of radiocommunications transmitters for purposes of identification 300A Transitional—failure to comply with requirements to be met after a label has been applied to a device 300B Transitional—general powers of inspectors 300C Transitional—retention of records of the supply of radiocommunications devices 302 Exemptions from certain compliance provisions 303 Compilation etc. of information 304 Applications in electronic form 304A Service of notices and instruments by electronic means 305 Evidentiary certificates 305A Computerised decision‑making 306 Conduct by directors, employees and agents 307 Surrender of licences, certificates and permits 308 No compensation for suspensions and cancellations 308A Compensation for acquisition of property 309 Officers and employees of governments and authorities 310 Operation of this Act in relation to the Broadcasting Services Act 311 Act not to affect performance of functions by States or certain Territories 312 Application of the Competition and Consumer Act 313 Legislation of the Australian Antarctic Territory 313A Application of the Criminal Code 313B Legislative rules 314 Regulations 314A Instruments under this Act may provide for matters by reference to other instruments Schedule—Resuming spectrum licences by compulsory process Part 1—Resumption Procedures 1 Pre‑acquisition declarations 2 Service on licensees and third party users 3 Resumption notices 4 Date of effect of resumptions 5 Notification of licensees Part 2—Compensation 1 The basis on which compensation is payable 2 Amounts of compensation payable 3 Claims for compensation 4 Consideration of claims by the ACMA 5 Deadline for consideration of claims 6 Consideration of offers by licensees 7 Determination of compensation by the ART 8 Determination of compensation by the Federal Court 9 Determination of compensation by independent valuers Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history