Australian citizens ordinarily resident in Australia, in respect of radio emissions intended to be received in Australia, other than:

radio emissions made by a genuine member of the crew of a foreign vessel, foreign aircraft or foreign space object in the course of his or her duties as such a member; or

radio emissions made from a foreign country by a person in the performance of a duty imposed by the law of that country; and

members of the crew of Australian aircraft, Australian vessels and Australian space objects; and

Australian aircraft, Australian space objects and Australian vessels; and

foreign space objects, in the circumstances specified in a determination by the ACMA; and

anything to which this Act extends because of section 17 or 17A.

acts, matters and things directly or indirectly connected with exploration of, or exploitation of the resources of, the continental shelf of Australia or of an external Territory; and

acts done by or in relation to, and matters, circumstances and things affecting, or any person who is in offshore area for a reason directly or indirectly connected with such exploration or exploitation.

acts, matters and things directly or indirectly connected with:

Petroleum Activities (within the meaning of the Timor Sea Maritime Boundaries Treaty) relating to the Greater Sunrise Fields (within the meaning of that treaty); or

construction, operation, maintenance or decommissioning of a pipeline in the Greater Sunrise pipeline international offshore area; or

operation, maintenance or decommissioning of the Bayu-Undan Pipeline (within the meaning of that treaty); and

acts done by or in relation to, and matters, circumstances and things affecting, any person who is:

in the Greater Sunrise special regime area for a reason directly or indirectly connected with such Petroleum Activities; or

in the Greater Sunrise pipeline international offshore area for a reason directly or indirectly connected with the construction, operation, maintenance or decommissioning of a pipeline in the area; or

in the Bayu-Undan pipeline international offshore area for a reason directly or indirectly connected with the operation, maintenance or decommissioning of the Bayu-Undan Pipeline.

only applies in relation to anything to which this Act extends under Division 2; and

has effect subject to Division 4.

a measurement transmission made in the course of, or in relation to:

trade and commerce between Australia and places outside Australia; or

trade and commerce among the States; or

trade and commerce within a Territory, between a State and a Territory or between 2 Territories; or

any trading activity of a trading corporation, or any other activity of the corporation carried on for the purpose of its trading activities; or

any other activity carried on by a trading corporation; or

any financial activity of a financial corporation, or any other activity of the corporation carried on for the purpose of its financial activities; or

any other activity carried on by a financial corporation; or

the operation of lighthouses, lightships, beacons or buoys; or

the making of astronomical or meteorological observations; or

a measurement transmission made by or on behalf of the Commonwealth, an authority or instrumentality of the Commonwealth, a foreign corporation or a body corporate incorporated in a Territory; or

a measurement transmission made in a Territory or a place outside Australia; or

any other measurement transmission;

in the same way as it applies in relation to radiocommunication.

a measurement transmitter used in the course of, or in relation to:

trade and commerce between Australia and places outside Australia; or

trade and commerce among the States; or

trade and commerce within a Territory, between a State and a Territory or between 2 Territories; or

any trading activity of a trading corporation, or any other activity of the corporation carried on for the purpose of its trading activities; or

any other activity carried on by a trading corporation; or

any financial activity of a financial corporation, or any other activity of the corporation carried on for the purpose of its financial activities; or

any other activity carried on by a financial corporation; or

the operation of lighthouses, lightships, beacons or buoys; or

the making of astronomical or meteorological observations; or

a measurement transmitter used by or on behalf of the Commonwealth, an authority or instrumentality of the Commonwealth, a foreign corporation or a body corporate incorporated in a Territory; or

a measurement transmitter in a Territory or a place outside Australia; or

any other measurement transmitter;

in the same way as it applies in relation to a radiocommunications transmitter.

State banking that does not extend beyond the limits of the State concerned; or

State insurance that does not so extend.

banking within the meaning of paragraph 51(xiii) of the Constitution; or

insurance within the meaning of paragraph 51(xiv) of the Constitution.

foreign corporation means a foreign corporation to which paragraph 51(xx) of the Constitution applies.

measurement transmission means radio emission for purposes connected with making a measurement by means of the propagation or other qualities of radio emission.

measurement transmitter means a transmitter designed or intended for measurement transmission.

trading corporation means a trading corporation to which paragraph 51(xx) of the Constitution applies.

from a point outside Australia to a port in Australia; or

from a port in Australia to a point outside Australia; or

from a point outside Australia to another point outside Australia.

from a point outside Australia to an airport in Australia; or

from an airport in Australia to a point outside Australia; or

from a point outside Australia to another point outside Australia.

research for purposes connected with defence; or

intelligence.

Australia; or

a foreign country whose military is acting in co-operation with the Defence Force;

to the extent that those functions or duties:

relate to an activity that is approved in writing by a member of the Defence Force or an officer of the Defence Department; and

are for a purpose that relates to:

research for purposes connected with defence; or

intelligence.

research for purposes connected with defence; or

intelligence.

the Australian Secret Intelligence Service; or

the Australian Security Intelligence Organisation; or

the Australian Signals Directorate.

the act or omission takes place in the performance of one of his or her functions or duties as such a member or officer; and

the function or duty concerned is, under the regulations, taken for the purposes of this subsection to be a function or duty that relates to:

military command and control; or

intelligence; or

weapons systems; or

safety; or

security.

the act or omission takes place in the performance of one of the member’s functions or duties in relation to the defence, security or international relations of:

Australia; or

a foreign country whose military is acting in co-operation with the Defence Force; and

the act or omission relates to an activity that is approved in writing by a member of the Defence Force or an officer of the Defence Department; and

the function or duty concerned is, under the regulations, taken for the purposes of this subsection to be a function or duty that relates to:

military command and control; or

intelligence; or

weapons systems; or

safety; or

security.

the act or omission takes place in the in the performance of one of the supplier’s functions or duties in relation to the supply of goods or services to the Defence Force or the Defence Department; and

the function or duty concerned is, under the regulations, taken for the purposes of this subsection to be a function or duty that relates to:

military command and control; or

intelligence; or

weapons systems; or

safety; or

security.

the defence, security or international relations of:

Australia; or

a foreign country whose naval, military or air force is acting in co-operation with the Defence Force of Australia; or

the Australian Federal Police or the police force of a State or Territory; or

(baa) the performance of the functions of the National Anti-Corruption Commissioner (within the meaning of the National Anti-Corruption Commission Act 2022); or

one of the following bodies or offices:

the Independent Commission Against Corruption of New South Wales;

the Corruption and Crime Commission of Western Australia;

the Independent Commission Against Corruption of South Australia; or

one of the following bodies:

the New South Wales Crime Commission;

the Crime and Corruption Commission of Queensland; or

the Australian Crime Commission; or

the Law Enforcement Conduct Commission of New South Wales; or

a body that:

performs functions related to the investigation, prevention or prosecution of serious crime, or of corruption (whether or not the body also performs other functions); and

is covered by a written determination made by the ACMA for the purposes of this paragraph; or

a fire-fighting, civil defence or rescue organisation; or

an ambulance service; or

the Royal Flying Doctor Service; or

any other organisation whose sole or principal purpose involves securing the safety of persons during an emergency.

all or any of Parts 3.1, 4.1 and 4.2;

specified provisions of those Parts.

The exemption may be expressed to apply generally or in specified circumstances.

a spectrum licence; or

an apparatus licence; or

a class licence.

if the radiocommunications device is a radiocommunications transmitter:

if the offender is an individual—imprisonment for 2 years; or

otherwise—1,500 penalty units; or

if the radiocommunications device is not a radiocommunications transmitter—20 penalty units.

a spectrum licence; or

an apparatus licence; or

a class licence.

if the radiocommunications device is a radiocommunications transmitter—300 penalty units; or

if the radiocommunications device is not a radiocommunications transmitter—20 penalty units.

a spectrum licence; or

an apparatus licence; or

a class licence.

if the radiocommunications device is a radiocommunications transmitter:

if the offender is an individual—imprisonment for 2 years; or

otherwise—1,500 penalty units; or

if the radiocommunications device is not a radiocommunications transmitter—20 penalty units.

a spectrum licence; or

an apparatus licence; or

a class licence.

if the radiocommunications device is a radiocommunications transmitter—300 penalty units; or

if the radiocommunications device is not a radiocommunications transmitter—20 penalty units.

at a particular time, a person has a radiocommunications device in the person’s possession, otherwise than for the purpose of supplying the radiocommunications device to another person; and

the radiocommunications device can be operated;

it must be presumed that the person has the radiocommunications device in the person’s possession for the purpose of operating the radiocommunications device, unless the person adduces or points to evidence that suggests a reasonable possibility that, at that time, the person did not have the radiocommunications device in the person’s possession for the purpose of operating the radiocommunications device.

immediately; or

after taking one or more steps (for example, the connection of the radiocommunications device to a power supply).

securing the safety of a vessel, aircraft or space object that was in danger; or

dealing with an emergency involving a serious threat to the environment; or

dealing with an emergency involving risk of death of, or injury to, persons; or

dealing with an emergency involving risk of substantial loss of, or substantial damage to, property; or

if a national emergency declaration is in force—dealing with the emergency to which the declaration relates.

operates a radiocommunications device in a way that is not in accordance with any licence; and

(b) that operation causes interference to radiocommunications carried on by another person (the plaintiff) under a spectrum licence;

the plaintiff may apply to the Federal Court for relief.

an injunction restraining the defendant from causing such interference, from causing interference of a similar kind or from causing or permitting others to cause interference of the same or a similar kind;

an order directing the defendant to do a specified act for the purpose of:

placing the plaintiff as nearly as practicable in the position in which he or she would have been but for the interference; or

otherwise mitigating detriment to the plaintiff arising out of the interference;

damages against the defendant in respect of loss suffered by the plaintiff as a result of the interference, including loss of any benefit that the plaintiff might reasonably have been expected to obtain but for the interference;

such other relief as the court thinks just.

by auction; or

by tender; or

by allocation for a pre-determined price or a negotiated price; or

by direct allocation; or

by a combination of any or all of the following:

auction;

tender;

allocation for a pre-determined price or a negotiated price;

direct allocation.

the types of auction;

advertising of auctions;

entry fees for prospective bidders;

eligibility requirements (if any) for participation in auctions;

credits (if any) for prospective bidders;

reserve prices (if any);

deposits (if any) payable by successful bidders;

methods of payment for licences.

the types of tender;

advertising of tenders;

entry fees for prospective tenderers;

eligibility requirements (if any) for submission of a tender;

credits (if any) for prospective tenderers;

reserve prices (if any);

the method for resolving which of 2 or more equal tenders is to be successful;

deposits (if any) payable by successful tenderers;

methods of payment for licences.

the way in which prices are to be determined or negotiated;

advertising of proposed allocations;

eligibility requirements (if any) for prospective licensees;

credits (if any) for prospective licensees;

methods of payment for licences.

impose limits on the aggregate of the parts of the spectrum that:

under transmitter licences; and

under existing spectrum licences; and

as a result of the allocation of spectrum licences under this Subdivision;

may be used by:

any one person; or

a specified person; or

impose limits on the aggregate of the parts of the spectrum that:

under transmitter licences; and

under existing spectrum licences; and

as a result of the allocation of spectrum licences under this Subdivision;

may, in total, be used by the members of a specified group of persons.

a specified part of the spectrum;

a specified area;

a specified population reach.

For example, procedures might specify an aggregate limit of 15 MHz per person in the band between 1200 MHz and 1300 MHz (inclusive) for a particular area. This subsection does not, by implication, limit subsection (5).

on a specified frequency or frequencies, or on a specified frequency channel; and

at a specified constancy; and

at a specified location; and

subject to specified technical conditions;

will satisfy any conditions that are required to be satisfied, in relation to the issue of such a certificate, under a determination made under section 266A.

pays to the ACMA the spectrum access charge for issuing the licence; or

reaches an agreement with the ACMA for the payment of that spectrum access charge.

issuing the licence; or

the procedures to be followed prior to its issue;

that are imposed by the relevant marketing plan.

the person specified in the licence as the licensee; and

subject to section 68, any person authorised by that person;

to operate a radiocommunications device in accordance with the licence.

a statement to the effect that the licence cannot be renewed; or

a statement to the effect that the licence may be renewed at the discretion of the ACMA; or

a statement to the effect that the licence may be renewed at the discretion of the ACMA so long as specified circumstances exist.

a statement to the effect that the licence cannot be renewed;

a statement to the effect that the licence may be renewed at the discretion of the ACMA;

a statement to the effect that the licence may be renewed at the discretion of the ACMA so long as specified circumstances exist.

a statement to the effect that the licence may be renewed at the discretion of the ACMA; or

a statement to the effect that the licence may be renewed at the discretion of the ACMA so long as specified circumstances exist;

the licence must also include a statement to the effect that a specified period is the renewal application period for the licence.

begin at a time when the licence is in force; and

end before the licence is due to expire.

a statement to the effect that the licence may be renewed at the discretion of the ACMA; or

a statement to the effect that the licence may be renewed at the discretion of the ACMA so long as specified circumstances exist;

the licence may also include a statement to the effect that the ACMA will not renew the licence unless the ACMA is satisfied that it is in the public interest to do so.

both:

a marketing plan was applicable to the issue of the licence; and

the marketing plan was prepared before the commencement of this section; or

the licence was issued as the result of an offer under repealed section 56.

a condition specifying the part or parts of the spectrum in which operation of radiocommunications devices is authorised under the licence;

a condition specifying the maximum permitted level of radio emission, in parts of the spectrum outside such a part, that may be caused by operation of radiocommunications devices under the licence;

a condition specifying the area within which operation of radiocommunications devices is authorised under the licence;

a condition specifying the maximum permitted level of radio emission, outside that area, that may be caused by operation of radiocommunications devices under the licence.

must include a condition that any operation of a radiocommunications device under the licence by a person other than the licensee must comply with any rules made under subsection (3); and

must include a condition that the licensee must notify any persons whom he or she authorises to operate radiocommunications devices under the licence of their obligations under this Act, in particular:

the registration requirements under Part 3.5 for operation of radiocommunications devices under the licence; and

any rules made under subsection (3).

an acquisition by the person of an asset of another person; and

conduct engaged in by the person.

section 50 and subsections 81(1) and (1A); and

the remaining provisions of that Act, to the extent that those provisions relate to section 50 of that Act; and

the acquisitions provisions (within the meaning of that Act).

the licensee is to be an Australian resident (see subsection (3)); or

the income, profits or gains are to be attributable to a permanent establishment (see subsection (3)) in Australia through which the licensee carries on business.

the authorised person is to be an Australian resident; or

the income, profits or gains are to be attributable to a permanent establishment in Australia through which the authorised person carries on business.

(a) if the licensee or authorised person (as appropriate) is a resident of a country or other jurisdiction with which Australia has an agreement, within the meaning of the International Tax Agreements Act 1953—that agreement; or

(b) in any other case—the Income Tax Assessment Act 1997.

an acquisition by the person of an asset of another person; and

conduct engaged in by the person.

section 50 and subsection 81(1); and

the remaining provisions of that Act, to the extent that those provisions relate to section 50 of that Act; and

the acquisitions provisions (within the meaning of that Act).

including one or more further conditions; or

revoking or varying any conditions of the licence.

varying the renewal statement included in the licence; or

omitting the renewal statement included in the licence and substituting another renewal statement; or

varying the renewal application period statement included in the licence; or

omitting the public interest statement included in the licence; or

omitting the renewal decision-making period statement included in the licence; or

varying the renewal decision-making period statement included in the licence.

including one or more further conditions; or

revoking or varying any conditions of the licence, other than core conditions.

varying the circumstances specified in the renewal statement included in the licence; or

omitting the renewal statement included in the licence and substituting another renewal statement to the effect that the licence may be renewed at the discretion of the ACMA so long as specified circumstances exist.

if, within 28 days after the suspension, proceedings for an offence against this Act are instituted against the licensee, or against a person authorised by the licensee to operate a radiocommunications device under the licence, and he or she is convicted of the offence—on the expiration of 14 days after the date of the conviction; or

if such proceedings are instituted within 28 days after the suspension and he or she is not convicted of the offence—on the completion of the proceedings; or

in any other case—on the expiration of 28 days after the suspension.

the notice of suspension specifies a day as the day on which the suspension of the spectrum licence ceases; and

that day occurs before the day fixed under subsection (1);

the suspension of the licence, unless it is sooner revoked, ceases on the day so specified.

be made in a manner approved, in writing, by the ACMA; and

be in a form approved, in writing, by the ACMA; and

be accompanied by such information (if any) as is specified in an instrument under subsection (6); and

be accompanied by such documents (if any) as are specified in an instrument under subsection (7).

the ACMA gives a person a notice that is expressed to be a licence renewal notice; and

the notice relates to one or more spectrum licences held by the person; and

in response to the notice, the person:

pays to the ACMA (on behalf of the Commonwealth) the amount specified in the notice as the amount due; and

does so on or before the day specified in the notice as the payment due date;

then:

if the notice relates to a single spectrum licence—the person is taken to have made an application under subsection (1) for the licence to be renewed; and

if the notice relates to 2 or more spectrum licences—the person is taken to have made separate applications under subsection (1) for each of those licences to be renewed; and

subsection (4) does not apply to that application or those applications, as the case requires.

refuse to consider the application; or

refuse to take any action, or any further action, in relation to the application.

paying to the ACMA the spectrum access charge for issuing the new spectrum licence; or

reaching an agreement with the ACMA for payment of that spectrum access charge.

all matters that it considers relevant; and

without limiting paragraph (a), the effect on radiocommunications of the proposed operation of the radiocommunications devices that would be authorised under the new spectrum licence.

whether the applicant has an outstanding liability to pay an amount of:

apparatus licence tax; or

spectrum licence tax; or

spectrum access charge; or

interim tax;

whether the applicant has contravened a condition of the licence;

whether the following conditions are satisfied:

a person authorised by the applicant under section 68 in relation to the licence has contravened a condition of the licence;

the applicant was aware, or ought reasonably to have been aware, of the contravention;

the applicant failed to take reasonable steps to prevent the contravention;

whether the applicant held another licence that was cancelled during the previous 2 years (otherwise than under section 87, 128B, 153H or 307).

refuses to renew a spectrum licence; or

renews a spectrum licence but not on the same conditions;

the ACMA must give the licensee a written notice stating that fact.

the licensee may request a statement of reasons for the decision; and

a request must be made within 28 days of receipt of the notice.

a draft of a new spectrum licence that would wholly or partly replace that licence; or

drafts of 2 or more new spectrum licences that, taken together, would wholly or partly replace that licence.

pays to the ACMA the spectrum access charge for issuing the licence; or

reaches an agreement with the ACMA for payment of that spectrum access charge.

a change in the licensee; or

the issue of a spectrum licence; or

the variation of the conditions of a spectrum licence; or

the cancellation of one or more existing spectrum licences;

must give to the ACMA such information about the assignment as the ACMA requires (if any) for the purpose of amending the Register to take account of the assignment.

vary a spectrum licence by specifying in it as the licensee a different person from the person currently specified;

vary the conditions of a spectrum licence by:

including one or more further conditions; or

revoking or varying any conditions;

issue one or more new spectrum licences;

cancel one or more existing spectrum licences.

for assignments of spectrum licences; and

setting out the circumstances in which spectrum licences are to be varied, issued or cancelled under section 87.

at the end of the day specified for that purpose in the agreement; or

if such a day is not specified—at the end of the day on which the agreement is entered into.

that part of the licence ceases to have effect at the end of the day on which the ACMA makes the necessary changes to the information in the Register under section 146 to take the resumption into account; and

the ACMA must vary, in a way that gives effect to the variations specified in the agreement, the conditions included in the remaining part of the licence.

Subdivision B—Resuming spectrum licences by compulsory process

the Minister has given his or her written approval for the resumption; and

the ACMA has followed the resumption procedures set out in Part 1 of the Schedule.

on the day specified for that purpose in the notice of resumption; or

if such a day is not specified—at the end of the day on which the notice is given.

that part of the licence ceases to have effect at the end of the day on which the ACMA makes the necessary changes to the information in the Register under section 146 to take the resumption into account; and

the ACMA must vary, in the way that in its opinion best gives effect to the resumption, the conditions included in the remaining part of the licence.

resuming the licence or the part of the licence; or

publishing a pre-acquisition declaration that is revoked before resumption of the licence, or the part of the licence, takes place.

starting:

if the licence or the part of the licence is resumed—on the day the resumption took place; or

if the pre-acquisition declaration was revoked before the resumption took place—on the day the pre-acquisition declaration was served on the licensee; and

finishing at the end of the day on which the compensation is paid.

community broadcasting services provided under a CTV licence;

open narrowcasting television services provided for community or educational non-profit purposes that are transmitted from one or more radiocommunications transmitters, the operation of which is authorised under an apparatus licence issued under section 100.

Adelaide; or

Melbourne; or

an area prescribed in an instrument under subsection (2).

a CTV licence;

(b) a licence under Broadcasting Services Act 1992 to provide a community broadcasting service that provides television programs;Part 6A of the

an apparatus licence issued under section 100 that:

authorises the operation of one or more radiocommunications transmitters; and

includes a condition that the licence may only be used to provide a transmission in standard definition digital mode of an open narrowcasting television service for community and educational non-profit purposes.

transitioning of other technologies;

consolidation of the spectrum to achieve a digital dividend;

setting aside parts of the spectrum for future demand.

(a) subsection 89(2) of the Broadcasting Services Act 1992; and

subsection 103(2A) and paragraph 103(4A)(c) of this Act.

transmitter licences; and

receiver licences.

the person specified in the licence as the licensee; and

subject to Division 4, any person authorised by that person under section 114;

to operate:

specified radiocommunications transmitters; or

radiocommunications transmitters of a specified kind; or

if neither paragraph (c) nor (d) applies—radiocommunications transmitters of any kind.

the person specified in the licence as the licensee; and

subject to Division 4, any person authorised by that person under section 114;

to operate:

specified radiocommunications receivers; or

radiocommunications receivers of a specified kind; or

if neither paragraph (c) nor (d) applies—radiocommunications receivers of any kind.

(a) the issue of the licence is in accordance with a decision of the ACMA under subsection 34(1) or (3) of the Broadcasting Services Act 1992; or

the issue of the licence is in accordance with a determination under subsection 31(2) of this Act; or

the licence is a digital radio multiplex transmitter licence.

(a) the licence authorises operation of the transmitter only within a part of the spectrum that constitutes capacity reserved under paragraph 31(1)(a) of the Broadcasting Services Act 1992; and

the broadcasting service in question is a broadcasting service of a kind for which the capacity has been so reserved.

the Australian Broadcasting Corporation; or

the Special Broadcasting Service Corporation; or

the Commonwealth.

(3AA) Subsection (2) does not prevent the ACMA from issuing an NBS transmitter licence that authorises the operation of one or more transmitters for transmitting one or more national broadcasting services that are covered by a licence area plan in force under Broadcasting Services Act 1992.section 26 of the

the ACMA has reasonable grounds to believe that the application for the licence is part of a scheme:

entered into; or

being carried out; or

that has been carried out;

for the sole or dominant purpose of avoiding the application of any provision of the Commercial Broadcasting (Tax) Act 2017 (other than section 14 of that Act); and

the applicant has not satisfied the ACMA that the application for the licence is not part of such a scheme.

(3BB) For the purposes of subsection (3BA), scheme means:

any agreement, arrangement, understanding, promise or undertaking, whether express or implied; or

any scheme, plan, proposal, action, course of action or course of conduct, whether unilateral or otherwise.

a provisional international broadcasting certificate is in force in relation to an application for a transmitter licence; and

the application for the licence is made by the holder of the certificate; and

the conditions set out in the certificate are satisfied;

the ACMA must not refuse to issue the transmitter licence unless the ACMA is satisfied that there are exceptional circumstances that warrant the refusal.

all matters that it considers relevant; and

without limiting paragraph (a), the effect on radiocommunications of the proposed operation of the radiocommunications devices that would be authorised under the licence.

on a specified frequency or frequencies, or on a specified frequency channel; and

at a specified constancy; and

at a specified location; and

subject to specified technical conditions;

will satisfy any conditions that are required to be satisfied, in relation to the issue of such a certificate, under a determination made under section 266A.

within a part of the spectrum designated under subsection 31(1) or (1A); and

(b) at a particular location (the relevant location);

for transmitting or re-transmitting a commercial broadcasting service, the ACMA must also have regard to:

whether:

the commercial television broadcasting licensee; or

the commercial radio broadcasting licensee;

who provides the commercial broadcasting service has previously held a transmitter licence authorising operation of a radiocommunications transmitter for transmitting or re-transmitting the commercial broadcasting service at a location that is the same as, or substantially similar to, the relevant location; and

whether there is a commercial arrangement between:

the applicant for the transmitter licence; and

the commercial television broadcasting licensee or the commercial radio broadcasting licensee who provides the commercial broadcasting service;

in relation to:

the application; or

the transmission of the commercial broadcasting service at a location that is the same as, or substantially similar to, the relevant location.

if a licence that the ACMA may issue as a result of the application would be a licence in respect of which persons operating the transmitters are required under section 119 to be qualified operators in relation to the licence—whether:

the applicant; or

each person specified by the applicant as a person whom the applicant proposes to authorise under the licence to operate the transmitters;

is a qualified operator in relation to such a licence;

whether the ACMA is satisfied that the proposed operation of the transmitters is not reasonably likely to cause:

death of, or injury to, persons; or

loss of, or damage to, property.

an NBS transmitter licence is issued under section 100; and

the licence authorises the operation of one or more radiocommunications transmitters for transmitting one or more national television broadcasting services in digital mode in a BSA coverage area;

the licence authorises the operation of the transmitter or transmitters concerned for transmitting those services in that area using the channel or channels allotted to the national broadcaster concerned under the BSA television licence area plan for that BSA television licence area.

an NBS transmitter licence is or was issued under section 100; and

the licence authorises the operation of one or more specified radiocommunications transmitters for transmitting a national television broadcasting service in digital mode using one or more channels;

the licence is also taken to authorise the operation of the transmitter or transmitters concerned for transmitting designated datacasting services in digital mode using those channels.

an NBS transmitter licence is or was issued to a particular national broadcaster; and

the licence authorises the operation of one or more specified radiocommunications transmitters for transmitting a national television broadcasting service in digital mode using one or more channels;

the licence is also taken to authorise the operation of the transmitter or transmitters concerned for transmitting national radio broadcasting services in digital mode using those channels.

an NBS transmitter licence is or was issued to a particular national broadcaster; and

the licence authorises the operation of one or more specified radiocommunications transmitters for transmitting a national television broadcasting service in digital mode using one or more channels; and

the national broadcaster provides, or proposes to provide, one or more SDTV multi-channelled national television broadcasting services;

the licence is also taken to authorise the operation of the transmitter or transmitters concerned for transmitting the SDTV multi-channelled national television broadcasting services in digital mode using those channels.

an NBS transmitter licence is or was issued to a national broadcaster; and

the NBS transmitter licence authorises the operation of one or more specified radiocommunications transmitters for transmitting one or more national television broadcasting services in digital mode using one or more channels; and

the national broadcaster provides, or proposes to provide, one or more HDTV multi-channelled national television broadcasting services;

the licence is also taken to authorise the operation of the transmitter or transmitters concerned for transmitting HDTV multi-channelled national television broadcasting services using those channels.

submit to the ACMA the radiocommunications device specified in the notice, at a time and place specified in the notice, for testing; or

permit the ACMA, or a recognised testing authority, to test the radiocommunications device so specified.

the related licence is a commercial radio broadcasting licence allocated on or after the digital radio start-up day for the BSA licence area; and

the related licence is subject to a condition that the related licensee may only provide digital commercial radio broadcasting services under the related licence.

(2AB) Subsection (1) does not apply if:

the related licence is a designated community radio broadcasting licence allocated on or after the digital radio start-up day for the BSA licence area; and

the related licence is subject to a condition that the related licensee may only provide digital community radio broadcasting services under the related licence.

(2AC) If:

the related licence is a commercial radio broadcasting licence allocated before the digital radio start-up day for the BSA licence area; and

(b) under the Broadcasting Services Act 1992, the related licence authorises the related licensee to provide digital commercial radio broadcasting services;

then, after the digital radio start-up day for the BSA licence area, the transmitter licence does not authorise the operation of a radiocommunications transmitter for transmitting those services.

(2AD) If:

the related licence is a designated community radio broadcasting licence allocated before the digital radio start-up day for the BSA licence area; and

(b) under the Broadcasting Services Act 1992, the related licence authorises the related licensee to provide digital community radio broadcasting services;

then, after the digital radio start-up day for the BSA licence area, the transmitter licence does not authorise the operation of a radiocommunications transmitter for transmitting those services.

a transmitter licence is or was issued under this section; and

the licence authorises the operation of one or more specified radiocommunications transmitters for transmitting the broadcasting service or services concerned in digital mode using one or more channels;

the licence is also taken to authorise the operation of the transmitter or transmitters concerned for transmitting designated datacasting services in digital mode using those channels.

the licensee holds a BSA datacasting licence authorising the provision of that service; or

the service is a designated teletext service.

(a) a transmitter licence is issued under related licence); andsection 102 in relation to a broadcasting services bands licence (the

the transmitter licence is held by the licensee of the related licence; and

the transmitter licence authorises the operation of one or more radiocommunications transmitters for transmitting one or more commercial television broadcasting services in accordance with the related licence;

the transmitter licence authorises the operation of the transmitter or transmitters concerned for transmitting:

one or more HDTV multi-channelled commercial television broadcasting services; and

one or more SDTV multi-channelled commercial television broadcasting services;

in accordance with the related licence, using the channel or channels allotted to the licensee of the related licence under the BSA television licence area plan.

(a) the transmitter licence (the consolidated licence) specified in the declaration, being one of the relevant licences, is taken to authorise:

the operation of the one or more radiocommunications transmitters specified in the consolidated licence; and

the transmission, using those transmitters, of the broadcasting service or services concerned in accordance with each of the broadcasting services bands licences to which either of the relevant licences relates; and

the consolidated licence is taken to be held:

if the licensee of each of the relevant licences is the same licensee—by that licensee; or

if the licensee of each of the relevant licences is different—jointly by those licensees; and

the consolidated licence is taken to continue to be issued under section 102 and each of the broadcasting services bands licences mentioned in paragraph (a) of this subsection are taken to be the related licences, as referred to in section 102, of the consolidated licence; and

the other of the relevant licences is taken to have been surrendered, and the ACMA is taken to have accepted that surrender, at the time the declaration is made.

Transfer of related licences

unless the first licensee holds one of the other related licences—the first licensee is taken to cease to hold the consolidated licence; and

the consolidate licence is taken to be held:

if the licensee of each of the related licences is the second licensee—by the second licensee; or

if the licensee of each of the related licences is different—jointly by the second licensee and each licensee of the other related licences.

Rules

the types of licensees that may make a consolidation request;

the information that must be included in a consolidation request;

the circumstances in which a consolidation request or consolidation declaration may be made;

the matters that may be provided for in a consolidation declaration;

the effects of making a consolidation declaration;

the circumstances in which a consolidation declaration may be varied or revoked, and the effects of such a variation or revocation;

any other matters that the ACMA considers necessary or convenient to give effect to this section.

the licensee is an eligible joint venture company; and

the application for the licence is accompanied by the fee determined by the ACMA by legislative instrument.

the ACMA has, by notice published on its website at least 120 days before the issue of the licence, invited applications from eligible joint venture companies for the issue of the licence otherwise than in accordance with a price-based allocation system determined under section 106; and

either:

no applications were received from eligible joint venture companies after the publication of the notice; or

one or more applications were received from eligible joint venture companies after the publication of the notice, but the ACMA refused, under section 100, to issue the licence to any of the applicants.

before the company was formed, the promoters of the company initially invited:

each incumbent digital commercial radio broadcasting licensee for the designated BSA radio area; and

if there is a digital community radio broadcasting representative company for the designated BSA radio area—the digital community radio broadcasting representative company;

to subscribe for shares in the first-mentioned company on the basis that:

the incumbent digital commercial radio broadcasting licensees who accepted the invitation would be issued with an equal number of shares; and

the only persons entitled to subscribe for shares in the first-mentioned company are the incumbent digital commercial radio broadcasting licensees and the digital community radio broadcasting representative company; and

assuming that the invitation were to be accepted by each invitee—the incumbent digital commercial radio broadcasting licensees would, in aggregate, hold seven-ninths of the shares in the first-mentioned company; and

assuming that the invitation were to be accepted by each invitee—the digital community radio broadcasting representative company would hold two-ninths of the shares in the first-mentioned company; and

in a case where not all of the invitations referred to in paragraph (a) were accepted—before the company was formed, the promoters of the first-mentioned company invited each person who had accepted an invitation referred to in paragraph (a) to subscribe for the remaining shares in the first-mentioned company; and

the invitations referred to in paragraph (a) were published on the ACMA’s website; and

the invitations referred to in paragraph (a) were open for whichever of the following periods is applicable:

a period of at least 80 days;

if all the invitees responded to the invitations within the period mentioned in subparagraph (i)—the period that began at the start of the period mentioned in subparagraph (i) and ended on the last occasion on which the promoters received such a response; and

there was no discrimination between subscribers for shares in the first-mentioned company in relation to the consideration payable for the issue of the shares concerned; and

the total amount of money payable as consideration for the issue of the shares in the first-mentioned company is not substantially in excess of the total amount that, as at the time the invitations referred to in paragraph (a) are published, would be required for the commercially viable operation of the first-mentioned company if it were assumed that a foundation category 1 digital radio multiplex transmitter licence had been issued to the first-mentioned company at that time; and

none of the recipients of an invitation referred to in paragraph (a) or (b) were subject to duress as to whether the invitation should be accepted.

an application is made for a foundation category 1 digital radio multiplex transmitter licence for a particular designated BSA radio area; and

the applicant is an eligible joint venture company;

the ACMA may, by written notice given to the applicant, require the applicant to:

give the ACMA a copy of each of the responses to the invitations referred to in paragraph (5)(a), so far as that paragraph applies to the promoters of the applicant; and

do so within the period specified in the notice.

refuse to consider the application; or

refuse to take any action, or any further action, in relation to the application.

an application is made for a foundation category 1 digital radio multiplex transmitter licence for a particular designated BSA radio area; and

the application includes a statement to the effect that a particular company is a digital community radio broadcasting representative company for the area;

then:

the ACMA may, by written notice given to the company, require the company to:

give the ACMA a copy of each of the responses to the invitations referred to in paragraph 9C(1)(c), so far as that paragraph applies to the promoters of the company; and

do so within the period specified in the notice; and

if the ACMA gives a notice to the company—the ACMA must give a copy of the notice to the applicant.

refuse to consider the application; or

refuse to take any action, or any further action, in relation to the application.

Fee

the licensee is an eligible joint venture company; and

the application for the licence is accompanied by the fee determined by the ACMA by legislative instrument.

the ACMA has, by notice published on its website at least 120 days before the issue of the licence, invited applications from eligible joint venture companies for the issue of the licence otherwise than in accordance with a price-based allocation system determined under section 106; and

either:

no applications were received from eligible joint venture companies after the publication of the notice; or

one or more applications were received from eligible joint venture companies after the publication of the notice, but the ACMA refused, under section 100, to issue the licence to any of the applicants.

before the company was formed, the promoters of the company initially invited:

each incumbent digital commercial radio broadcasting licensee for the designated BSA radio area; and

if there is a digital community radio broadcasting representative company for the designated BSA radio area—the digital community radio broadcasting representative company; and

each national broadcaster;

to subscribe for shares in the first-mentioned company on the basis that:

the incumbent digital commercial radio broadcasting licensees who accepted the invitation would be issued with an equal number of shares; and

the only persons entitled to subscribe for shares in the first-mentioned company are the incumbent digital commercial radio broadcasting licensees, the digital community radio broadcasting representative company and the national broadcasters; and

assuming that the invitation were to be accepted by each invitee—the incumbent digital commercial radio broadcasting licensees would, in aggregate, hold five-ninths of the shares in the first-mentioned company; and

assuming that the invitation were to be accepted by each invitee—the digital community radio broadcasting representative company would hold two-ninths of the shares in the first-mentioned company; and

assuming that the invitation were to be accepted by each invitee—each national broadcaster would hold one-ninth of the shares in the first-mentioned company; and

in a case where not all of the invitations referred to in paragraph (a) were accepted—before the company was formed, the promoters of the first-mentioned company invited each person who had accepted an invitation referred to in paragraph (a) to subscribe for the remaining shares in the first-mentioned company; and

the invitations referred to in paragraph (a) were published on the ACMA’s website; and

the invitations referred to in paragraph (a) were open for whichever of the following periods is applicable:

a period of at least 80 days;

if all the invitees responded to the invitations within the period mentioned in subparagraph (i)—the period that began at the start of the period mentioned in subparagraph (i) and ended on the last occasion on which the promoters received such a response; and

there was no discrimination between subscribers for shares in the first-mentioned company in relation to the consideration payable for the issue of the shares concerned; and

the total amount of money payable as consideration for the issue of the shares in the first-mentioned company is not substantially in excess of the total amount that, as at the time the invitations referred to in paragraph (a) are published, would be required for the commercially viable operation of the first-mentioned company if it were assumed that a foundation category 2 digital radio multiplex transmitter licence had been issued to the first-mentioned company at that time; and

none of the recipients of an invitation referred to in paragraph (a) or (b) were subject to duress as to whether the invitation should be accepted.

an application is made for a foundation category 2 digital radio multiplex transmitter licence for a particular designated BSA radio area; and

the applicant is an eligible joint venture company;

the ACMA may, by written notice given to the applicant, require the applicant to:

give the ACMA a copy of each of the responses to the invitations referred to in paragraph (5)(a), so far as that paragraph applies to the promoters of the applicant; and

do so within the period specified in the notice.

refuse to consider the application; or

refuse to take any action, or any further action, in relation to the application.

an application is made for a foundation category 2 digital radio multiplex transmitter licence for a particular designated BSA radio area; and

the application includes a statement to the effect that a particular company is a digital community radio broadcasting representative company for the area;

then:

the ACMA may, by written notice given to the company, require the company to:

give the ACMA a copy of each of the responses to the invitations referred to in paragraph 9C(1)(c), so far as that paragraph applies to the promoters of the company; and

do so within the period specified in the notice; and

if the ACMA gives a notice to the company—the ACMA must give a copy of the notice to the applicant.

refuse to consider the application; or

refuse to take any action, or any further action, in relation to the application.

National broadcasters

is the holder of a category 2 digital radio multiplex transmitter licence; or