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

65 After section 103

Insert:

103A Renewal statements etc.

Renewal statement

(1) An apparatus licence issued after the commencement of this section may include:

(a) a statement to the effect that the licence cannot be renewed; or

(b) a statement to the effect that the licence may be renewed at the discretion of the ACMA so long as specified circumstances exist.

(2) A statement mentioned in paragraph (1)(a) or (b) is to be known as a renewal statement .

(3) Circumstances specified under paragraph (1)(b) may be an act or omission by the ACMA.

(4) Subsection (3) does not limit paragraph (1)(b).

(5) The ACMA may, by legislative instrument, determine that each apparatus licence included in a specified class of apparatus licences is taken to include one of the following statements:

(a) a statement to the effect that the licence cannot be renewed;

(b) a statement to the effect that the licence may be renewed at the discretion of the ACMA so long as specified circumstances exist.

(6) A statement mentioned in paragraph (5)(a) or (b) is to be known as a renewal statement .

(7) Circumstances specified under paragraph (5)(b) may be an act or omission by the ACMA.

(8) Subsection (7) does not limit paragraph (5)(b).

(9) A determination under subsection (5) does not apply to an apparatus licence if a renewal statement is included in the licence under subsection (1).

Renewal application period

(10) If an apparatus licence includes a statement to the effect that the licence may be renewed at the discretion of the ACMA so long as specified circumstances exist, the licence must also include a statement to the effect that a specified period is the renewal application period for the licence.

(11) A statement mentioned in subsection (10) is to be known as a renewal application period statement .

(12) The ACMA may, by legislative instrument, determine that each apparatus licence included in a specified class of apparatus licences is taken to include a statement to the effect that a period ascertained in accordance with the determination is the renewal application period for the licence.

(13) A renewal application period for an apparatus licence must:

(a) begin at a time when the licence is in force; and

(b) end not later than 60 days after the licence is due to expire.

(14) A determination under subsection (12) does not apply to an apparatus licence if a renewal application period statement is included in the licence under subsection (10).

Public interest statement

(15) If an apparatus licence includes a statement to the effect that the licence may be renewed at the discretion of the ACMA so long as specified circumstances exist, the licence may also include a statement to the effect that the ACMA will not renew the licence unless the ACMA is satisfied that it is in the public interest to do so.

(16) A statement mentioned in subsection (15) is to be known as a public interest statement .

(17) The ACMA may, by legislative instrument, determine that each apparatus licence included in a specified class of apparatus licences is taken to include a statement to the effect that the ACMA will not renew the licence unless the ACMA is satisfied that it is in the public interest to do so.

(18) A statement mentioned in subsection (17) is to be known as a public interest statement .

Exceptions

(19) This section does not apply to:

(a) a transmitter licence issued under section 101A or 102; or

(b) a digital radio multiplex transmitter licence.

(20) Subsections (5) and (17) do not apply to a licence issued before the commencement of this section.

103B Variation of renewal statements etc. with agreement

(1) Subject to subsections (2), (3) and (4), the ACMA may, with the written agreement of the licensee of an apparatus licence, vary the licence by:

(a) varying the renewal statement included in the licence; or

(b) omitting the renewal statement included in the licence and substituting another renewal statement; or

(d) including a renewal statement in the licence; or

(e) varying the renewal application period statement included in the licence; or

(f) including a renewal application period statement in the licence; or

(g) omitting the public interest statement included in the licence.

(2) If the renewal statement is varied, the statement as varied must comply with the requirements of section 103A.

(3) If another renewal statement is substituted, the substituted renewal statement must comply with the requirements of section 103A.

(4) If a renewal statement is included in the licence, the statement must comply with the requirements of section 103A.

(5) If the renewal application period statement is varied, the statement as varied must comply with the requirements of section 103A.

(6) If a renewal application period statement is included in the licence, the statement must comply with the requirements of section 103A.

103C Variation of renewal statements etc. without agreement

(1) Subject to subsections (2), (3) and (4), the ACMA may, by written notice given to the licensee of an apparatus licence, vary the licence by: