Radiocommunications Legislation Amendment (Reform and Modernisation) Act 2020 (151 of 2020)

Schedule 3   Licences etc.

Part 1   Amendment of the Radiocommunications Act 1992

Radiocommunications Act 1992

44   After Division 3 of Part 3.2

Insert:

Division 3A - Renewal of spectrum licences

77A Applications for renewal of spectrum licences

(1) A licensee of a spectrum licence may apply to the ACMA for the licence to be renewed.

(2) If there is a renewal application period for the licence, the application must be made within the renewal application period.

(3) If there is no renewal application period for the licence, the application must be made within the 2-year period ending when the licence is due to expire.

(4) The application must:

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

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

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

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

(5) The ACMA may approve different forms for different applications.

(6) The ACMA may, by legislative instrument, specify information for the purposes of paragraph (4)(c).

(7) The ACMA may, by legislative instrument, specify documents for the purposes of paragraph (4)(d).

(8) An instrument under paragraph (4)(a) is a notifiable instrument.

(9) An approved form of application may provide for verification by statutory declaration of statements in applications.

Deemed applications

(10) If:

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

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

(c) in response to the notice, the person:

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

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

then:

(d) 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

(e) 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

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

77B Further information

(1) If an application is made for the renewal of a spectrum licence, the ACMA may, by written notice given to the applicant, require the applicant to give the ACMA, within the period specified in the notice, further information in connection with the application.

(2) If the applicant breaches the requirement, the ACMA may, by written notice given to the applicant:

(a) refuse to consider the application; or

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

77C Renewal of spectrum licences

(1) When an application is made for the renewal of a spectrum licence, the ACMA may, without following the procedures determined under section 60, renew the licence by issuing to the applicant a new spectrum licence.

(2) Subsection (1) does not imply that the ACMA must renew the licence without the applicant:

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

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

(3) The ACMA must not renew the licence if the licence included a renewal statement to the effect that the licence cannot be renewed.

(4) If the licence included a renewal statement to the effect that the licence may be renewed at the discretion of the ACMA so long as specified circumstances exist, the ACMA must not renew the licence unless the ACMA is satisfied that the specified circumstances exist.

(5) The ACMA must not renew the licence by issuing a new spectrum licence that specifies a period for the purposes of subsection 65(2) that is 10 years or longer unless the ACMA is satisfied that it is in the public interest to do so.

(6) If the licence included a public interest statement, the ACMA must not renew the licence unless the ACMA is satisfied that it is in the public interest to do so.

(7) In deciding whether to renew the licence, the ACMA must have regard to:

(a) all matters that it considers relevant; and

(b) 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.

(8) In deciding whether to renew the licence, the ACMA may have regard to the following matters:

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

(i) apparatus licence tax; or

(ii) spectrum licence tax; or

(iii) spectrum access charge; or

(iv) interim tax;

(b) whether the applicant has contravened a condition of the licence;

(c) whether the following conditions are satisfied:

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

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

(iii) the applicant failed to take reasonable steps to prevent the contravention;

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

(9) The new spectrum licence comes into force, or is taken to have come into force, immediately after the expiration of the licence that it replaces.

(10) The conditions of the new spectrum licence need not be the same as those of the licence that it replaces.

77D Notice of refusal to renew spectrum licence etc.

(1) If the ACMA:

(a) refuses to renew a spectrum licence; or

(b) renews a spectrum licence but not on the same conditions;

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

Note: Refusals to renew spectrum licences, and changes to licence conditions on renewal, are reviewable under Part 5.6.

(2) The notice under subsection (1) must state that:

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

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

(3) A person receiving a notice under subsection (1) may request a statement of reasons for the decision within 28 days of receiving the notice.

(4) If the ACMA receives a request in accordance with subsection (3), it must give the person a statement of reasons within 28 days of receipt of the request.

77E Application of other provisions

Subdivisions C and D of Division 1 apply to a spectrum licence issued under this Division in the same way that those Subdivisions apply to spectrum licences issued under Division 1.