Whole Act

11 provisions in continuous reading order

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Name

This is the Radiocommunications (Interpretation) Determination 2025.

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Commencement

This instrument commences on 31 March 2025.

Note:

The Federal Register of Legislation is available, free of charge, at www.legislation.gov.au.

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Authority

This instrument is made under subsection 64(1) of the Australian Communications and Media Authority Act 2005.

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Repeal

The Radiocommunications (Interpretation) Determination 2015 [F2015L00178] is repealed.

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References to other instruments

In this instrument, unless the contrary intention appears:

(a)

a reference to any other legislative instrument is a reference to that other legislative instrument as in force from time to time; and

(b)

a reference to any other kind of instrument or writing is a reference to that other instrument or writing as in force, or existing, from time to time.

Note 1:

For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.

Note 2:

All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.

Note 3:

See section 65 of the ACMA Act.

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Definitions in the Schedule

Generally

(1)

Unless the contrary intention appears, the definition of an expression in the Schedule applies to each use of the expression in the following instruments:

(a)

this instrument;

(b)

a determination made under any of the following:

(i)

subsection 60(1) of the ACMA Act;

(ii)

subsection 7(1) of the Radiocommunications (Receiver Licence Tax) Act 1983;

(iii)

subsection 7(1) of the Radiocommunications (Spectrum Licence Tax) Act 1997;

(iv)

subsection 7(1) of the Radiocommunications (Transmitter Licence Tax) Act 1983;

(c)

a determination made under any of the following provisions of the Act:

(i)

section 5 (definition of Australian space object);

(ii)

paragraph 7(1)(a);

(iii)

paragraph 7(1)(b);

(iv)

section 10A;

(v)

paragraph 16(1)(ca);

(vi)

subsection 98(1);

(vii)

subsection 110A(1);

(viii)

subsection 110A(2);

(ix)

subsection 115(1);

(x)

subsection 119(1);

(xi)

subsection 131AC(1);

(xii)

paragraph 144(1)(c);

(xiii)

paragraph 144(1)(d);

(xiv)

paragraph 144(1)(e);

(xv)

paragraph 147(1)(c);

(xvi)

paragraph 147(1)(d);

(xvii)

paragraph 147(1)(e);

(xviii)

subsection 300(1);

(d)

a spectrum plan prepared under subsection 30(1) of the Act;

(e)

a frequency band plan prepared under subsection 32(1) of the Act;

(f)

a class licence issued under subsection 132(1) of the Act;

(g)

equipment rules made under subsection 156(1) of the Act.

Note:

For the definitions in the Schedule, section 23 of the Acts Interpretation Act 1901 provides that words in the singular number include the plural, and words in the plural number include the singular. The application of that section to the definitions is subject to a contrary intention.

Transitional

(2)

Unless the contrary intention appears, if:

(a)

an instrument is specified in subsection (1) (the specified instrument); and

(b)

the specified instrument was in force immediately before 31 March 2025; and

(c)

the specified instrument has not been amended since 31 March 2025; and

(d)

the specified instrument uses either or both of the following expressions:

(i)

PABX cordless telephone service;

(ii)

major coast B station;

the definition of that expression in the Radiocommunications (Interpretation) Determination 2015, as in force immediately before this instrument commenced, applies to the expression in the specified instrument.

(3)

Subsection (4) applies in relation to a place (the relevant place) if:

(a)

immediately before 31 March 2025, the relevant place was not a communal site, within the meaning given by the Radiocommunications (Interpretation) Determination 2015, as in force at that time; and

(b)

but for subsection (4), the relevant place would be a communal site at the start of 31 March 2025, within the meaning of this instrument as in force at that time.

Note:

The definition of communal site in this instrument only requires 2 or more fixed transmitters to be operating from a place. The definition in the Radiocommunications (Interpretation) Determination 2015, as in force immediately before 31 March 2025, required 3 or more fixed transmitters to be operated from the place.

(4)

Despite Schedule 1, the relevant place is not a communal site until the first time, on or after 31 March 2025, that the place is a communal site within the meaning given by the Radiocommunications (Interpretation) Determination 2015, as in force immediately before 31 March 2025.

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Definitions of Act and ACMA Act

(1)

Unless the contrary intention appears, Act means the Radiocommunications Act 1992 in each of the following instruments:

(a)

this instrument;

(b)

a determination made under any of the following provisions of the Act:

(i)

section 5 (definition of Australian space object);

(ii)

paragraph 7(1)(a);

(iii)

paragraph 7(1)(b);

(iv)

section 10A;

(v)

paragraph 16(1)(ca);

(vi)

subsection 98(1);

(vii)

subsection 110A(1);

(viii)

subsection 110A(2);

(ix)

subsection 115(1);

(x)

subsection 119(1);

(xi)

subsection 131AC(1);

(xii)

paragraph 144(1)(c);

(xiii)

paragraph 144(1)(d);

(xiv)

paragraph 144(1)(e);

(xv)

paragraph 147(1)(c);

(xvi)

paragraph 147(1)(d);

(xvii)

paragraph 147(1)(e);

(xviii)

subsection 300(1);

(c)

a spectrum plan prepared under subsection 30(1) of the Act;

(d)

a frequency band plan prepared under subsection 32(1) of the Act;

(e)

a class licence issued under subsection 132(1) of the Act;

(f)

equipment rules made under subsection 156(1) of the Act.

(2)

In this instrument, ACMA Act means the Australian Communications and Media Authority Act 2005.

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References to Radiocommunications (Interpretation) Determination 2015

Unless the contrary intention appears, a reference to the Radiocommunications (Interpretation) Determination 2015 in each of the following instruments is taken to be a reference to this instrument:

(a)

a determination made under any of the following provisions:

(i)

subsection 60(1) of the ACMA Act;

(ii)

subsection 7(1) of the Radiocommunications (Receiver Licence Tax) Act 1983;

(iii)

subsection 7(1) of the Radiocommunications (Spectrum Licence Tax) Act 1997;

(iv)

subsection 7(1) of the Radiocommunications (Transmitter Licence Tax) Act 1983;

(b)

a determination made under any of the following provisions of the Act:

(i)

section 5 (definition of Australian space object);

(ii)

paragraph 7(1)(a);

(iii)

paragraph 7(1)(b);

(iv)

section 10A;

(v)

paragraph 16(1)(ca);

(vi)

subsection 98(1);

(vii)

subsection 110A(1);

(viii)

subsection 110A(2);

(ix)

subsection 115(1);

(x)

subsection 119(1);

(xi)

subsection 131AC(1);

(xii)

paragraph 144(1)(c);

(xiii)

paragraph 144(1)(d);

(xiv)

paragraph 144(1)(e);

(xv)

paragraph 147(1)(c);

(xvi)

paragraph 147(1)(d);

(xvii)

paragraph 147(1)(e);

(xviii)

subsection 300(1);

(c)

a class licence issued under subsection 132(1) of the Act;

(d)

equipment rules made under subsection 156(1) of the Act.

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Interpretation – references to a spectrum plan

Unless the contrary intention appears, in each of:

(a)

this instrument;

(b)

a determination made under any of the following provisions of the Act:

(i)

section 5 (definition of Australian space object);

(ii)

paragraph 7(1)(a);

(iii)

paragraph 7(1)(b);

(iv)

section 10A;

(v)

paragraph 16(1)(ca);

(vi)

subsection 98(1);

(vii)

subsection 110A(1);

(viii)

subsection 110A(2);

(ix)

subsection 115(1);

(x)

subsection 131AC(1);

(xi)

paragraph 144(1)(c);

(xii)

paragraph 144(1)(d);

(xiii)

paragraph 144(1)(e);

(xiv)

paragraph 147(1)(c);

(xv)

paragraph 147(1)(d);

(xvi)

paragraph 147(1)(e);

(xvii)

subsection 300(1);

(c)

a frequency band plan prepared under subsection 32(1) of the Act;

(d)

a class licence issued under subsection 132(1) of the Act;

(e)

equipment rules made under subsection 156(1) of the Act;

a reference to a plan prepared under subsection 30(1) of the Act, however described, is taken to be a reference to the spectrum plan as in force from time to time.

Example:

At the time this instrument was made, a reference in an instrument to the Australian Radiofrequency Spectrum Plan 2013 was taken to be a reference to the Australian Radiofrequency Spectrum Plan 2021.

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Interpretation – parts of the spectrum and frequency bands

Unless the contrary intention appears, in this instrument, a reference to a part of the spectrum or a frequency band includes all frequencies that are greater than but not including the lower frequency, up to and including the higher frequency.

Note:

This means the lower number in the reference to the part of the spectrum or frequency band is not included in the part or band.

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Interpretation – terms defined in the Act

Unless the contrary intention appears, an expression used in this instrument that is defined in the Act has the same meaning as in the Act.

Note:

A number of expressions used in this instrument are defined in the Act, including the following:

(a)

aircraft;

(b)

Australia;

(c)

broadcasting services bands;

(d)

broadcasting station;

(e)

certificate of proficiency;

(f)

commercial broadcasting service;

(g)

community broadcasting service;

(h)

datacasting service;

(i)

frequency band;

(j)

interference;

(k)

national broadcasting service;

(l)

operate;

(m)

radiocommunication;

(n)

radiocommunications device;

(o)

radiocommunications receiver;

(p)

radiocommunications transmitter;

(q)

radio emission;

(r)

receiver licence;

(s)

spectrum plan;

(t)

transmitter licence.

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