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

74   Section 129

Repeal the section, substitute:

129 Applications for renewal of apparatus licences

(1) A licensee of an apparatus licence (other than a transmitter licence issued under section 101A or 102 or a non-foundation digital radio multiplex transmitter 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 period:

(a) beginning 6 months before the licence is due to expire; and

(b) ending 60 days after the licence expires.

(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 apparatus 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 apparatus 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 apparatus 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.

129A Further information

(1) If an application is made for the renewal of an apparatus 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.