Federal Register of Legislation - Australian Government

Primary content

This instrument enables the Australian Communications and Media Authority to approve the manner in which an application for apparatus licence and renewal of an apparatus licence is made.
Administered by: Infrastructure, Transport, Regional Development and Communications
Registered 21 May 2021

 

Radiocommunications (Approval of Manner of Applications – Apparatus Licence Issue and Renewal) Instrument 2021

 

The Australian Communications and Media Authority makes the following instrument under subsection 99(1A) and paragraph 129(4)(a) of the Radiocommunications Act 1992.

Dated: 20 May 2021

James Cameron

[signed]

Member

 

Brendan Byrne

[signed]

Member/General Manager

 

Australian Communications and Media Authority

 

 

 

 

 


1  Name

                   This is the Radiocommunications (Approval of Manner of Applications – Apparatus Licence Issue and Renewal) Instrument 2021.

2  Commencement

                   This instrument commences on the later of:

                     (a)  the same time as Schedule 3 to the Radiocommunications Legislation Amendment (Reform and Modernisation) Act 2020 commences;

                     (b)  the day after the day the instrument is registered on the Federal Register of Legislation.

Note 1: The Federal Register of Legislation may be accessed, free of charge, at www.legislation.gov.au.

Note 2: This instrument is a notifiable instrument.

3  Authority

                   This instrument is made under subsection 99(1A) and paragraph 129(4)(a) of the Radiocommunications Act 1992.

4  Definitions

                   In this instrument:

ACMA’s website means the website with the address https://www.acma.gov.au.

Act means the Radiocommunications Act 1992.

application form means a form approved under subsection 99(2) of the Act.

renewal form means a form approved under paragraph 129(1)(b) of the Act.

Note 1: An application form or a renewal form may be a paper-based form, or an electronic copy of the form. An application form may also be a web-based form.

Note 2: Other terms used in this instrument have the meaning given by the Act, including accredited person.

5  References to other instruments

                   In this instrument, unless the contrary intention appears:

                     (a)  a reference to a legislative instrument is a reference to that 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 notifiable instruments.

Note 2:       All Commonwealth Acts, legislative instruments and notifiable instruments are registered on the Federal Register of Legislation.

Note 3:       See section 314A of the Act.

6  Approval of manner of application – application for licence issue

             (1)  For the purposes of subsection 99(1A) of the Act, the ACMA approves each manner that is set out in this section for making an application under subsection 99(1) of the Act.

Paper-based application

             (2)  A person may send a completed application form, on paper, to the ACMA.

             (3)  A person (the applicant) may arrange for an accredited person to send a completed application form, on paper, to the ACMA on behalf of the applicant.

Web-based application – generally

             (4)  A person may use the ACMA’s website:

                     (a)  to complete the application form; and

                     (b)  to submit the completed application form;

                   by uploading the information entered into the application form located on the ACMA’s website.

Web-based application – accredited persons

             (5)  A person (the applicant) may arrange for an accredited person to apply under subsection 99(1) of the Act on behalf of the applicant in accordance with subsection (6).

             (6)  The accredited person, on behalf of the applicant, may use the ACMA’s website:

                     (a)  to complete the application form; and

                     (b)  to submit the completed application form;

                   by:

                     (c)  uploading the information entered into the application form located on the ACMA’s website; or

                     (d)  using the system known as Intellidox; or

                     (e)  using the system known as the ACMA Lodgement Facility.

Note:          A person who is not an accredited person cannot use Intellidox or the ACMA Lodgment Facility to complete an application form and submit it for the purposes of subsection 99(1) of the Act.

             (7)  An accredited person, on their own behalf, may use the ACMA’s website:

                     (a)  to complete the application form; and

                     (b)  to submit the completed application form;

                   by:

                     (c)  uploading the information entered into the application form located on the ACMA’s website; or

                     (d)  using the system known as Intellidox; or

                     (e)  using the system known as the ACMA Lodgement Facility.

Note:          A person who is not an accredited person cannot use Intellidox or the ACMA Lodgement Facility to complete an application form and submit it for the purposes of subsection 99(1) of the Act.

Email application

             (8)  A person may send, by email, an electronic copy of a completed application form to the ACMA.

             (9)  A person (the applicant) may arrange for an accredited person to send, by email, an electronic copy of a completed application form to the ACMA.

           (10)  For subsection (8) and (9), if the completed application form is an attachment to the email, the completed application form must be in Word format or Portable Document Format (PDF).

Accredited persons

           (11)  For the purposes of this section, an accredited person must have accreditation of the kind specified in legislative rules made for the purposes of subsection 100(4A) of the Act.

7  Approval of manner of application – application for licence renewal

             (1)  For the purposes of paragraph 129(4)(b) of the Act, the ACMA approves each manner that is set out in this section for making an application under subsection 129(1) of the Act.

Note:          This section does not affect the operation of subsection 129(10) of the Act, which deems an application for renewal to be made in certain circumstances.

Paper-based application

             (2)  A person may send a completed renewal form, on paper, to the ACMA.

Email application

             (3)  A person may send, by email, an electronic copy of a completed renewal form to the ACMA.

             (4)  For subsection (3), if the completed renewal form is an attachment to the email, the completed renewal form must be in Word format or Portable Document Format (PDF).

Note:          Supporting or reference material may be provided in another format (eg, Excel format).