Commonwealth Consolidated Acts Commonwealth Consolidated ActsIn this Act, unless the contrary intention appears:
"AAT" means the Administrative Appeals Tribunal.
"ACCC" means the Australian Competition and Consumer Commission.
"accreditation" means an accreditation given under section 263.
"accreditation rules" means rules made under section 266.
"ACMA" means the Australian Communications and Media Authority.
"advisory guideline" means an advisory guideline made under section 262.
"aircraft" includes a balloon.
"apparatus licence" means an apparatus licence issued under Part 3.3.
"apparatus licence tax" means a tax imposed under the Radiocommunications (Receiver Licence Tax) Act 1983 or the Radiocommunications (Transmitter Licence Tax) Act 1983 .
"Australia" , when used in a geographical sense, includes the external Territories.
"Australian aircraft" means an aircraft that is in Australian control or is registered, or required to be registered, under regulations made under the Civil Aviation Act 1988 .
"Australian space object" means a space object that the ACMA, by legislative instrument, determines to be an Australian space object for the purposes of this Act.
"Australian vessel" means a vessel that is in Australian control or:
(a) not being an air - cushion vehicle--is an Australian boat within the meaning of the Fisheries Management Act 1991 ; or
(b) being an air - cushion vehicle--would be an Australian boat within the meaning of that Act if it were a boat within the meaning of that Act.
"authorised defence supplier" has the meaning given by section 10B.
"authority" , in relation to the Commonwealth, a State or a Territory, means:
(b) a body (whether incorporated or unincorporated) established for a public purpose by or under the law of the Commonwealth, the State or the Territory, as the case may be; or
(c) any other body corporate in which:
(i) the Commonwealth, the State or the Territory, as the case may be; or
(ii) a body corporate referred to in paragraph (b);
"broadcasting services bands licence" has the same meaning as in the Broadcasting Services Act 1992 .
"broadcasting station" means a transmitter that is operating for the purposes of:
(a) a broadcasting services bands licence; or
(b) the provision of a national broadcasting service within the meaning of the Broadcasting Services Act 1992 .
(a) sections 54A and 56A of the Broadcasting Services Act 1992 ; and
(b) clause 41 of Schedule 6 to the Broadcasting Services Act 1992 .
"BSA coverage area" means coverage area within the meaning of Schedule 4 to the Broadcasting Services Act 1992 .
"BSA datacasting licence" means a datacasting licence under Schedule 6 to the Broadcasting Services Act 1992 .
"BSA exempt re-transmission service" means a service that, under subsection 212(1) of the Broadcasting Services Act 1992 , is exempt from the regulatory regime established by that Act.
"BSA licence area" means licence area within the meaning of the Broadcasting Services Act 1992 .
"BSA television licence area plan" means a television licence area plan within the meaning of the Broadcasting Services Act 1992 .
"category 1 digital radio multiplex transmitter licence" means a transmitter licence for one or more multiplex transmitters that are for use for transmitting either or both of the following services in a designated BSA radio area:
(a) one or more digital commercial radio broadcasting services;
(b) one or more digital community radio broadcasting services.
"category 2 digital radio multiplex transmitter licence" means a transmitter licence for one or more multiplex transmitters that are for use for transmitting any or all of the following services in a designated BSA radio area:
(a) one or more digital commercial radio broadcasting services;
(b) one or more digital community radio broadcasting services;
(c) one or more digital national radio broadcasting services.
"category 3 digital radio multiplex transmitter licence" means a transmitter licence for one or more multiplex transmitters that are for use for transmitting one or more digital national radio broadcasting services in a designated BSA radio area.
(i) a certificate of proficiency; or
(ii) a compliance certificate; or
(iii) a frequency assignment certificate referred to in subsection 100(4A); or
(iv) any other kind of certificate that may be issued under this Act.
"certificate of proficiency" means a certificate of proficiency issued under section 121.
"change" , in relation to information in the Register, means any one or more of the following:
(a) the addition of matter to the information;
(b) the alteration of matter included in the information;
(c) the deletion of matter from the information.
"class licence" means a class licence issued under Part 3.4.
"commercial broadcasting service" has the same meaning as in the Broadcasting Services Act 1992 .
"commercial radio broadcasting licence" has the same meaning as in the Broadcasting Services Act 1992 .
"commercial television broadcasting licence" has the same meaning as in the Broadcasting Services Act 1992 .
(b) a person who, whether on a full - time or a part - time basis, and whether in a permanent capacity or otherwise:
(i) is in the service or employment of the Commonwealth, the Administration of a Territory or an authority of the Commonwealth; or
(ii) holds or performs the duties of any office or position established by or under a law of the Commonwealth or a Territory; or
(c) a member of the Defence Force; or
(d) the Commissioner of the Australian Federal Police, a Deputy Commissioner of the Australian Federal Police, an AFP employee or a special member of the Australian Federal Police (all within the meaning of the Australian Federal Police Act 1979 ); or
(e) a member of the police force of a Territory.
"community broadcasting service" has the same meaning as in the Broadcasting Services Act 1992 .
"conciliator" has the meaning given by section 202.
"conciliator's report" means a report by a conciliator under section 208.
"constitutional corporation" means a corporation to which paragraph 51(xx) of the Constitution applies.
"core condition" means a condition included in a spectrum licence under section 66.
"datacasting service" has the same meaning as in the Broadcasting Services Act 1992 .
"Defence Department" means the Department of State that deals with defence and that is administered by the Minister administering section 1 of the Defence Act 1903 .
(a) in relation to the Commonwealth--an Agency within the meaning of the Public Service Act 1999 ; or
(b) in relation to a State or Territory--a body that, in relation to that State or Territory, is a body of such a kind.
"designated BSA radio area" means:
(a) the BSA licence area of a commercial radio broadcasting licence; or
(b) the BSA licence area of a community radio broadcasting licence, where that BSA licence area is the same as the BSA licence area of a commercial radio broadcasting licence.
Note: See also section 8AD of the Broadcasting Services Act 1992 , which deals with deemed radio broadcasting licence areas.
"designated community radio broadcasting licence" has the same meaning as in the Broadcasting Services Act 1992 .
"designated datacasting service" has the same meaning as in Schedule 6 to the Broadcasting Services Act 1992 .
"designated forfeiture officer" has the meaning given by section 283.
"designated radiocommunications receiver" has the meaning given by section 7A.
"designated teletext service" has the same meaning as in Schedule 6 to the Broadcasting Services Act 1992 .
"device" means an item of equipment.
"digital commercial radio broadcasting licence" means a commercial radio broadcasting licence that authorises the provision of one or more digital commercial radio broadcasting services.
"digital commercial radio broadcasting service" has the same meaning as in the Broadcasting Services Act 1992 .
"digital community radio broadcasting licence" means a designated community radio broadcasting licence that authorises the provision of one or more digital community radio broadcasting services.
"digital community radio broadcasting representative company" , in relation to a designated BSA radio area, has the meaning given by section 9C.
"digital community radio broadcasting service" has the same meaning as in the Broadcasting Services Act 1992 .
"digital national radio broadcasting service" has the same meaning as in the Broadcasting Services Act 1992 .
"digital radio channel plan" means a plan under section 44A.
"digital radio multiplex transmitter licence" means:
(a) a category 1 digital radio multiplex transmitter licence; or
(b) a category 2 digital radio multiplex transmitter licence; or
(c) a category 3 digital radio multiplex transmitter licence.
"digital radio start-up day" has the same meaning as in the Broadcasting Services Act 1992 .
"direct allocation" has the meaning given by section 60A.
"disputed conduct" means conduct (including any act and any refusal or omission to act) of a kind referred to in paragraph 205(1)(a).
"environment" means the physical environment.
(a) a radiocommunications transmitter; or
(b) a radiocommunications receiver; or
(c) anything designed or intended for radio emission; or
(d) anything, irrespective of its use or function or the purpose of its design, that is capable of radio emission; or
(e) anything that has a use or function that is capable of being interfered with by radio emission.
"equipment rules" means rules made under section 156.
"Federal Court" means the Federal Court of Australia.
"foreign aircraft" means an aircraft that is not an Australian aircraft.
"foreign space object" means a space object that is not an Australian space object.
"foreign vessel" means a vessel that is not an Australian vessel.
"forfeiture notice" means a notice under section 274.
"foundation category 1 digital radio multiplex transmitter licence" has the meaning given by section 98C.
"foundation category 2 digital radio multiplex transmitter licence" has the meaning given by section 98D.
"foundation digital radio multiplex transmitter licence" means:
(a) a foundation category 1 digital radio multiplex transmitter licence; or
(b) a foundation category 2 digital radio multiplex transmitter licence.
"frequency band" means any contiguous range of radio frequencies.
"frequency band plan" means a plan prepared under section 32.
"HDTV digital mode" has the same meaning as in Schedule 4 to the Broadcasting Services Act 1992 .
"import" means import into Australia.
"in Australian control" means in the control or possession of one or more of any of the following:
(a) the Commonwealth (including an arm of the Defence Force) or a State or Territory;
(b) an authority of the Commonwealth;
(d) an authority of a Territory.
"incumbent digital commercial radio broadcasting licensee" has the meaning given by subsection 9D(1).
"incumbent digital community radio broadcasting licensee" has the meaning given by subsection 9D(2).
"inspector" has the meaning given in section 284.
(a) in relation to radiocommunications--interference to, or with, radiocommunications that is attributable, whether wholly or partly and whether directly or indirectly, to an emission of electromagnetic energy by equipment; or
(b) in relation to the uses or functions of equipment--interference to, or with, those uses or functions that is attributable, whether wholly or partly and whether directly or indirectly, to an emission of electromagnetic energy by equipment.
"interim ban" has the meaning given by section 167.
"interim tax" means tax imposed by the Commercial Broadcasting (Tax) Act 2017 .
"international broadcasting licence" means an international broadcasting licence under the Broadcasting Services Act 1992 .
"international broadcasting service" has the same meaning as in the Broadcasting Services Act 1992 .
(b) a QR code, or a similar thing, if the relevant link is to information on a website.
"legislative rules" means rules made under section 313B.
"licence" means a spectrum licence, an apparatus licence or a class licence.
(a) in relation to a spectrum licence--the person specified in the licence as the licensee, whether the licence was originally issued to that person or subsequently assigned to him or her; or
(b) in relation to an apparatus licence--the person who holds the licence;
and, in Part 2 of the Schedule, includes the person from whom the spectrum licence in question, or the part of the spectrum licence in question, was resumed.
"marketing plan" means a plan prepared under section 39 or 39A.
"member" , in relation to the Australian Federal Police, includes a special member of the Australian Federal Police.
"member of a civilian component of a visiting force" has the meaning given by subsection 5(3) of the Defence (Visiting Forces) Act 1963 .
"member of a visiting force" has the meaning given by subsection 5(2) of the Defence (Visiting Forces) Act 1963 .
"member of the crew" , in relation to an vessel, aircraft or space object, includes the person in charge of the vessel, aircraft or space object.
"Ministerial policy statement" has the meaning given by section 28B.
"national broadcaster" has the same meaning as in the Broadcasting Services Act 1992 .
"national broadcasting service" has the same meaning as in the Broadcasting Services Act 1992 .
"national emergency declaration" has the same meaning as in the National Emergency Declaration Act 2020.
"NBS transmitter licence" means a transmitter licence for a transmitter that is for use for transmitting, to the public, a national broadcasting service, but does not include a digital radio multiplex transmitter licence.
"newspaper" means a newspaper that is in the English language and is published on at least 4 days in each week, but does not include a publication if less than 50% of its circulation is by way of sale.
"non-foundation digital radio multiplex transmitter licence" means:
(a) a category 1 digital radio multiplex transmitter licence; or
(b) a category 2 digital radio multiplex transmitter licence;
that is not a foundation digital radio multiplex transmitter licence.
(a) make available for supply; and
"open narrowcasting television service" has the same meaning as in the Broadcasting Services Act 1992 .
(i) a radiocommunications transmitter; or
(ii) a radiocommunications receiver; or
(iii) a radiocommunications device; or
(iv) a transmitter that is a radiocommunications transmitter; or
(v) equipment that is a radiocommunications transmitter; or
(vi) equipment that is a radiocommunications receiver;
means operate for the purposes of, or in connection with, radiocommunications; or
(b) when used in relation to a transmitter that is not a radiocommunications transmitter--means operate (within the ordinary meaning of that expression); or
(c) when used in relation to equipment that is neither a radiocommunications transmitter nor a radiocommunications receiver--means operate (within the ordinary meaning of that expression).
"part" , in relation to a spectrum licence, means:
(a) a specified portion of the frequencies at which operation of radiocommunications devices is authorised under the licence; or
(b) a specified portion of the area within which operation of radiocommunications devices is so authorised; or
(c) a specified portion of the frequencies at which operation of radiocommunications devices is so authorised in a specified portion of the area within which operation of radiocommunications devices is so authorised.
"period of emergency" means a period declared to be a period of emergency under subsection 219(1).
Note: If a national emergency declaration is in force, the period for which the declaration is in force is taken to be a period of emergency for the purposes of this Act (see section 221A).
"permanent ban" has the meaning given by section 172.
"permit" means a permit issued by the ACMA under the equipment rules.
"pre-acquisition declaration" means a declaration published in the Gazette under clause 1 of Part 1 of the Schedule.
"protected symbol" has the meaning given by section 166.
"provisional international broadcasting certificate" means a provisional international broadcasting certificate issued under section 131AF.
(a) for a spectrum licence--has the meaning given by section 65A; or
(b) for an apparatus licence--has the meaning given by section 103A.
"public or community service" has the meaning given in section 10.
"qualified company" means a company that:
(a) is formed in Australia; and
"qualified operator" means a person who holds a certificate of proficiency.
"radiocommunication" has the meaning given in section 6.
"radiocommunications device" has the meaning given in subsection 7(1).
"radiocommunications receiver" has the meaning given in subsection 7(3).
"radiocommunications transmitter" has the meaning given in subsection 7(2).
"radio emission" has the meaning given in subsection 8(1).
"re-allocation deadline" , in relation to a spectrum re - allocation declaration, has the meaning given by section 153B.
"re-allocation period" , in relation to a spectrum re - allocation declaration, has the meaning given by section 153B.
"recall notice" means a notice issued under subsection 183(1), (2), (3) or (4).
"receiver licence" means an apparatus licence of the kind referred to in subsection 97(3).
"reception" , in relation to radio emission, includes interception.
"Register" means the Register of Radiocommunications Licences established under section 143.
"Regulatory Powers Act" means the Regulatory Powers (Standard Provisions) Act 2014 .
"renewal application period" :
(a) for a spectrum licence--has the meaning given by section 65A; or
(b) for an apparatus licence--has the meaning given by section 103A.
"renewal application period statement" :
(a) for a spectrum licence--has the meaning given by section 65A; or
(b) for an apparatus licence--has the meaning given by section 103A.
"renewal decision-making period" , for a spectrum licence, has the meaning given by section 65A.
"renewal decision-making period statement" , for a spectrum licence, has the meaning given by section 65A.
(a) for a spectrum licence--has the meaning given by section 65A; or
(b) for an apparatus licence--has the meaning given by section 103A.
"restrictive order" means an order made under subsection 222(1).
"resumption notice" means a notice published in the Gazette under clause 3 of Part 1 of the Schedule.
"SDTV digital mode" has the same meaning as in Schedule 4 to the Broadcasting Services Act 1992 .
"space object" means an object (whether artificial or natural) that is beyond, has been beyond or is intended to go beyond the major portion of the Earth's atmosphere, or any part of such an object, even if the part is intended to go only some of the way towards leaving the major portion of the Earth's atmosphere.
Note: Under section 10A, the ACMA may determine that a particular object is not a space object for the purposes of this Act.
"spectrum" means the range of frequencies within which radiocommunications are capable of being made.
"spectrum access charge" means a spectrum access charge fixed under section 294.
"spectrum licence" means a spectrum licence issued under Part 3.2.
"spectrum licence tax" means a tax imposed under the Radiocommunications (Spectrum Licence Tax) Act 1997 .
"spectrum management functions" , in relation to the ACMA, has the same meaning as in the Australian Communications and Media Authority Act 2005 .
(a) this Act; or
(b) the Radiocommunications (Receiver Licence Tax) Act 1983 ; or
(c) the Radiocommunications (Spectrum Licence Tax) Act 1997 ; or
(d) the Radiocommunications Taxes Collection Act 1983 ; or
(e) the Radiocommunications (Transmitter Licence Tax) Act 1983 ; or
(f) Part 14AA of the Broadcasting Services Act 1992 ; or
(g) section 12 of the Australian Communications and Media Authority Act 2005 , to the extent that the powers relate to the performance of the ACMA's spectrum management functions.
(a) in relation to a time before the first plan prepared under section 30 comes into effect--the last plan prepared under section 18 of the Radiocommunications Act 1983 ; and
(b) in relation to a time after the first plan prepared under section 30 comes into effect--a plan prepared under section 30.
"spectrum re-allocation declaration" means a declaration under section 153B.
"State officer" means a person who, whether on a full - time basis or a part - time basis, and whether in a permanent capacity or otherwise:
(a) is in the service or employment of a State or an authority of a State; or
(b) holds or performs the duties of any office or position established by or under a law of a State;
and includes a member of the police force of a State.
"subscription television broadcasting service" has the same meaning as in the Broadcasting Services Act 1992 .
"supply" includes supply (including re - supply) by way of sale, exchange, lease, hire or hire - purchase.
"television program" includes so much of a television program as consists only of sounds or images.
"temporary community broadcasting licence" has the same meaning as in the Broadcasting Services Act 1992 .
"this Act" includes the regulations.
"transmitter" has the meaning given in subsection 8(2).
"transmitter access warrant" means a warrant issued under section 284KB.
"transmitter licence" means an apparatus licence of the kind referred to in subsection 97(2).
"vessel" means a vessel or boat of any description, and includes:
(a) an air - cushion vehicle; and
(b) any floating structure.