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Authorisations

Broadcasting Services Act 1992

General

  • s 121FB - if satisfied that an applicant for an international broadcasting licence is registered as a company and that they are not unsuitable, the ACMA must give the Minister for Foreign Affairs a report in relation to whether a proposed international broadcasting service complies with international broadcasting guidelines.

Ownership and control

  • Parts 4, 6, 7, 8, 8B - the ACMA allocates broadcasting licences in broadcasting service branches (‘BSBs’) (commercial television and radio, subscription, community, international, narrowcasting).

Radiocommunications Act 1992

Licensing

  • s 53 - the ACMA must prepare a draft spectrum licence as soon as practicable after preparing a conversion plan.
  • s 57 - the ACMA must issue a spectrum licence (replacing an apparatus licence) if the licensee gives the ACMA a notice accepting the offer and agreeing to the spectrum access charge.
  • s 78 - the ACMA must publish from time to time a notice stating where information may be obtained about spectrum licences due to expire during a specified period and the parts of spectrum to which they relate. The notice should also invite expressions of interest from persons who wish to have spectrum licences issued to them relating to those parts of the spectrum.
  • s 79 - the ACMA may, at any time prior to a spectrum licence expiring, prepare draft spectrum licences for re-issue.
  • s 81 - the ACMA may reallocate a spectrum licence in accordance with the procedures determined under s 60.
  • s 82 - the ACMA may, without following the procedures under s 60, re-issue a spectrum licence to a person to whom it was previously issued if the ACMA is satisfied that special circumstances exist that make it in the public interest.
  • s 87 - the ACMA may give effect to an assignment of spectrum licence rights that has been traded by its licensee under s 85.
  • s 89 - the ACMA may resume a spectrum licence under an agreement entered into with the licensee.
  • s 97 - the ACMA may issue transmitter and receiver licences
  • s 98 - the ACMA may, by legislative instrument, determine the types of transmitter licences and types of receiver licences that it may issue.
  • s 99 - the ACMA must approve a specified form for applying for apparatus licences.
  • s 100 - the ACMA is limited in what apparatus licences it may issue.
  • s 101A - the ACMA may issue a transmitter licence to a person holding a temporary community broadcasting licence, for the purpose of transmitting the community broadcasting service.
  • s 102 - the ACMA must issue a person holding a broadcasting services bands (‘BSB’) licence a transmitter licence that authorises operation of radiocommunications transmitters for transmitting the broadcasting service in accordance with the related licence.
  • s 102B - the ACMA must not issue a datacasting licence to a person unless the person is a qualified company and the ACMA is satisfied that the licence would not result in a breach of BSA control rules.
  • ss 102C, 102D, 102E - the ACMA must not issue a category 1,2 or 3 digital radio multiplex licence under certain circumstances.
  • s 111 - the ACMA may, by notice in writing, impose, revoke or vary licence conditions on an apparatus licence.
  • s 130 - the ACMA may renew an apparatus licence by issuing an applicant a new apparatus licence.
  • s 131AB - the ACMA may transfer an apparatus licence into the name of a transferee.
  • ss 132, 133, 134 - the ACMA may, by notice published in the Gazette, issue class licences and include licence conditions. It may also vary and revoke class licences.

Australian Communications and Media Authority Act 2005

  • s 10(1)(c) - the ACMA has a function to allocate, renew, suspend and cancel licences and to take other enforcement action under the BSA.

Telecommunications Act 1997

Carrier licensing and conduct

  • ss 52, 53 - a person (who is a constitutional corporation, eligible partnership or a public body) may apply to the ACMA for a carrier licence in a written form approved by the ACMA.
  • s 53A - the ACMA must give a copy of a carrier licence application to the Communications Access Co-ordinator (‘CAC’).
  • s 55 - the ACMA may request further information and refuse to consider the application until the applicant gives the ACMA the information.
  • s 56 - the ACMA may grant a carrier licence and must give the person a written notice stating that the licence has been granted, and cause a notice to be published in the Gazette.
  • s 56A - the ACMA must not grant a carrier licence unless it has consulted the CAC, and must provide each notice it receives from the CAC to the applicant, and must not grant a carrier licence while a notice from the CAC is in force.
  • ss 58, 58A and 60 - the ACMA may refuse to grant a carrier licence if the applicant is disqualified or if directed by the Attorney General, and must give written notice of refusal to the applicant.
  • s 72 - the ACMA may cancel a carrier licence if the carrier fails to pay its carrier licence charge or industry levy, if the holder of the licence is disqualified or ceases to be an eligible person.
  • s 81 - after considering an application, the ACMA may declare in writing that the applicant is the nominated carrier in relation to the network units.

Radiocommunications Act 1992

General

  • s 263 - the ACMA may, by written instrument, give a person accreditation of a particular kind. The instrument must state the kind of certificates that a person who is given accreditation is permitted to issue under the RA.
  • ss 264, 265 - the ACMA may withdraw an accreditation but must give written notice before doing so.

Licensing

  • ss 119, 122A, 124 - the ACMA may determine, by written instrument, that persons operating transmitter licences must be qualified operators. ACMA may delegate the power issue and cancel certificates of proficiency.
  • s 131AF - the ACMA may issue provisional international broadcasting certificates in relation to a proposed application for a transmitter licence.

Technical regulation and standards

  • ss 183, 183A - the ACMA may, by notice in the gazette, determine recognised testing authorities and certification bodies for the purposes of technical regulation.

Telecommunications Act 1997

Protection of communications

  • s 295A - the ACMA must, by legislative instrument, make an integrated public number database (‘IPND’) scheme.
  • s 295B - the IPND scheme must grant authorisations for access for certain purposes.
  • s 295H TA - the IPND scheme may confer administrative powers on the ACMA to make decisions of an administrative character.

National interest and defence

  • s 335 - if a defence authority requires a service provider to provide carriage services for its use, the ACMA may issue a written certificate stating that in its opinion it would be unreasonable for the provider to supply the service in those circumstances.
  • s 338 - the ACMA may certify a draft agreement between a provider and defence authorities in relation to defence planning and in doing so must consult with defence authorities.
  • s 339 - a carrier or provider must enter the agreement if the ACMA has certified it.

Technical regulation

  • s 390 - the ACMA may issue connection permits authorising the connection of non-standard customer equipment and non-standard cabling to a telecommunications network or to a facility and to maintain such a connection.

Broadcasting Services Act 1992

Content regulation

  • s 122 - the ACMA must, by legislative instrument, determine standards to be observed by commercial TV broadcasting licensees, relating to programs for children and Australian content.
  • s 125 - the ACMA may determine program standards where codes of practice fail or where no code of practice is developed.
  • s 130ZZA - the ACMA may, by legislative instrument, determine captioning standards for television programs.

Telecommunications Act 1997

Codes and standards

  • s 117 - if the ACMA is satisfied with an industry code, it must register the code by including it on the Register of codes  kept under s 136.
  • s 118 - the ACMA may request a body or association representing a section of the telecommunications, telemarketing or fax marketing industries to develop an industry code.
  • s 119 - if the ACMA wishes to request a code but is satisfied there is no body or association representing a particular section of the industries, it must publish a notice stating that if such a body were to come into existence it would likely be given a notice under subsection 118(1).
  • s 119A - if the ACMA is satisfied with a variation to an industry code and the consultation process undertaken by the body, it must approve the draft variation by written notice given to the body or association, by which the code is varied.
  • s 122A - the ACMA may de-register an industry code or a provision of an industry code.
  • s 136A - a body or association proposing to develop or vary an industry code may apply to the ACMA for a declaration that it is eligible for reimbursement of refundable costs incurred by it in doing so.
  • s 136B - the ACMA may make a declaration of eligibility for reimbursement of costs of development or variation of consumer-related industry codes.