Radiocommunications (Apparatus Licences –Authorisations and Transfers) Determination 2025

Dated: 10 July 2025

Adam Suckling

[signed]

Member

Samantha Yorke

[signed]

Member

1  Name

  This is the Radiocommunications (Apparatus Licences – Authorisations and Transfers) Determination 2025.

2  Commencement

  This instrument commences at the start of 30 September 2025.

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

3  Authority

  This instrument is made under subsection 115(1) and subsection 131AC(1) of the Act.

4  Repeal

  The Radiocommunications (Limitation of Authorisation of Third Party Users and Transfer of Apparatus Licences) Determination 2015 [F2015L01218] is repealed.

5  Definitions

  In this instrument:

eligible person has the meaning given by:

 (a) the Radiocommunications (Transmitter Licence Tax) Determination 2025; or

 (b) if a later instrument replaces that determination and defines the expression – the later instrument.

Note: The Radiocommunications (Transmitter Licence Tax) Determination 2025 is a legislative instrument and is available, free of charge, from the Federal Register of Legislation at www.legislation.gov.au.

exempt broadcasting service has the meaning given by subsection 18A(3) of the Broadcasting Services Act 1992.

exempt person means a person who is exempt, under regulations made for the purpose of subsection 8(1) of the Radiocommunications Taxes Collection Act 1983, from the payment of apparatus licence tax.

Note 1: A number of other expressions used in this instrument are defined in the Act, including the following:

(a) ACMA;

(b) apparatus licence;

(c) apparatus licence tax;

(d) Australia;

(e) international broadcasting licence;

(f) international broadcasting service;

(g) licensee;

(h) operate;

(i) radiocommunications device.

Note 2: Other expressions used in this instrument may be defined in a determination, made under subsection 64(1) of the Australian Communications and Media Authority Act 2005, that applies to this instrument, including the following:

(a) Act;

(b) broadcasting service.

6  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 314A of the Act.

7  Circumstances in which persons must not be authorised to operate radiocommunications devices, or in which a licence is not transferable

 (1) For the purposes of paragraph 115(1)(c) of the Act, the licensee of an apparatus licence specified in column 1 of a table item must not authorise a person (the other person) to operate a radiocommunications device under the licence in the circumstances set out in column 2 of the table item.

 (2) For the purposes of paragraph 131AC(1)(b) of the Act, an apparatus licence specified in column 1 of a table item is not transferable to a proposed transferee (the other person) under Division 8 of Part 3.3 of the Act in the circumstances set out in column 2 of the table item.

Table