Commonwealth: Radiocommunications Act 1992 (Cth)

Radiocommunications Act 1992 No. 174, 1992 Compilation No. 81 Compilation date: 11 December 2024 Includes amendments: Act No. 113, 2024 About this compilation This compilation This is a compilation of the Radiocommunications Act 1992 that shows the text of the law as amended and in force on 11 December 2024 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents Chapter 1—Preliminary Part 1.1—Formal matters 1 Short title 2 Commencement Part 1.2—Object of this Act 3 Object 4 Outline of this Act Part 1.3—Interpretative provisions 5 Definitions 6 Definition of radiocommunication 7 Definitions of radiocommunications device, radiocommunications transmitter and radiocommunications receiver 7A Designated radiocommunications receiver 8 Definitions of radio emission and transmitter 9 Application of labels 9B Digital mode 9C Digital community radio broadcasting representative company 9D Incumbent digital radio broadcasting licensees 10 Public or community services 10A ACMA determinations about space objects 10B Authorised defence supplier 11 References to offences against this Act etc. Part 1.4—Application of this Act 12 Outline of this Part Division 1—General 13 Crown to be bound Division 2—Provisions relating to location and similar matters 14 Operation of this Division 15 Application to external Territories 16 Application outside Australia 17 Offshore areas 17A Greater Sunrise special regime area, Greater Sunrise pipeline international offshore area and Bayu‑Undan pipeline international offshore area 18 Application to the atmosphere etc. Division 3—Provisions extending the concept of radiocommunication 19 Operation of this Division 20 Radio transmissions for the purpose of measurement 21 Astronomical and meteorological observations 22 Lighthouses etc. Division 4—Matters to which this Act does not apply 23 Foreign space objects, vessels and aircraft 24 Defence research and intelligence 25 Special defence undertakings 26 Additional exemption for defence matters 27 Exemption for defence, law enforcement and emergency personnel 28 Use of devices by the ACMA Part 1.5—Ministerial policy statements 28A Simplified outline of this Part 28B Ministerial policy statements 28C The ACMA must have regard to Ministerial policy statements Part 1.6—The ACMA's work program 28D Simplified outline of this Part 28E The ACMA's work program 28F Consultation Chapter 2—Radio frequency planning 29 Outline of this Chapter Part 2.1—Spectrum plans and frequency band plans 30 Spectrum plans 31 Planning of broadcasting services bands 32 Frequency band plans 33 Publication etc. of plans Part 2.2—Marketing plans 37 Preparation or variation of frequency band plans 39 Marketing plans—unencumbered spectrum 39A Marketing plans—re‑allocation of spectrum 41 Delays in preparing marketing plans 42 Variation of marketing plans 44 Expressions of interest in spectrum licences Part 2.3—Digital radio channel plans 44A Preparation of digital radio channel plans Chapter 3—Licensing of radiocommunications 45 Outline of this Chapter Part 3.1—Unlicensed radiocommunications Division 1—Offences and civil penalties 46 Unlicensed operation of radiocommunications devices 47 Unlawful possession of radiocommunications devices 48 Additional provisions about possession of radiocommunications devices 49 Emergency operation etc. of radiocommunications devices Division 2—Civil proceedings 50 Civil proceedings Part 3.2—Spectrum licences 51 Outline of this Part Division 1—Issuing spectrum licences Subdivision B—Issuing spectrum licences 60 Procedures for allocating spectrum licences 60A Direct allocation of spectrum licences 60B Restriction on allocation of spectrum licences 61 Preparation of draft spectrum licences 62 Issue of spectrum licences 63 Compliance with marketing plans Subdivision C—Contents of spectrum licences 64 Authorisation to use part of the spectrum 65 Duration of spectrum licences 65A Renewal statements etc. 66 Core conditions of spectrum licences 67 Conditions about payment of charges 68 Conditions about third party use 68A Authorisation under spectrum licence taken to be an acquisition of an asset and conduct 69 Conditions about registration of radiocommunications transmitters 69A Conditions about residency etc. 71 Other conditions of spectrum licences Subdivision D—Rules about section 50 and related provisions of the Competition and Consumer Act 71A Issue of spectrum licence taken to be an acquisition of an asset and conduct Division 2—Varying spectrum licences 72 Variation with agreement 73 Variation without agreement 73A Conditions included in a spectrum licence—decision‑making powers Division 3—Suspending and cancelling spectrum licences 74 Application of this Division 75 Suspending spectrum licences 76 Period of suspension 77 Cancelling spectrum licences Division 3A—Renewal of spectrum licences 77A Applications for renewal of spectrum licences 77B Further information 77C Renewal of spectrum licences 77D Notice of refusal to renew spectrum licence etc. 77E Application of other provisions Division 4—Issuing further spectrum licences (otherwise than by way of renewal) 78 Notice of spectrum licences that are about to expire 79 Preparation of draft further spectrum licences 80 Procedures for re‑allocating spectrum licences 81 Issue of further spectrum licences 83 General rules about newly‑issued spectrum licences apply to re‑issued spectrum licences 84 Commencement of re‑issued spectrum licences Division 5—Trading spectrum licences 85 Trading spectrum licences 86 Registration of assignments etc. 87 Variation etc. of spectrum licences to take assignments into account 88 Rules about assignments etc. Division 6—Resuming spectrum licences Subdivision A—Resuming spectrum licences by agreement 89 ACMA may resume spectrum licences by agreement 90 Effect of resumption Subdivision B—Resuming spectrum licences by compulsory process 91 ACMA may resume spectrum licences compulsorily 92 Effect of resumption 93 Payment of compensation 94 Interest payable on resumption etc. 95 Reaching agreements during the compulsory process Part 3.3—Apparatus licences 96 Outline of this Part Division 1A—Use of spectrum for community broadcasting 96A Policy in relation to certain community broadcasting services and open narrowcasting television services 96B Licences of certain kinds must not be granted to new holders after 30 June 2021 96C Declaration to make spectrum available for alternative uses 96D Determination of specified day Division 1—Kinds of apparatus licences 97 Transmitter licences and receiver licences 98 Types of transmitter licences and receiver licences 98C Foundation category 1 digital radio multiplex transmitter licence 98D Foundation category 2 digital radio multiplex transmitter licence 98E Limit on declaration of foundation digital radio multiplex transmitter licences Division 2—Issuing apparatus licences 99 Applications for apparatus licences 100 Issuing apparatus licences 100AA NBS transmitter licences—authorised channels 100A NBS transmitter licences—authorisation of datacasting services 100C NBS transmitter licences—authorisation of radio broadcasting services 100D NBS transmitter licences—authorisation of SDTV multi‑channelled national television broadcasting services 100E NBS transmitter licences—authorisation of HDTV multi‑channelled national television broadcasting services 101 Testing of radiocommunications devices 101A Transmitter licences for temporary community broadcasting 102 Transmitter licences for certain broadcasting services 102AD Transmitter licences—authorised channels 102AE Consolidating transmitter licences for certain broadcasting services 102C Category 1 digital radio multiplex transmitter licences 102D Category 2 digital radio multiplex transmitter licences 102E Category 3 digital radio multiplex transmitter licences 102F Limit on issue of non‑foundation digital radio multiplex transmitter licences 102G Limits on use of the spectrum 103 Duration of apparatus licences 103A Renewal statements etc. 103B Variation of renewal statements etc. with agreement 103C Variation of renewal statements etc. without agreement 104 Compliance with plans 105 Restrictions on issuing apparatus licences 105A Notice of apparatus licences that are about to expire 106 Price‑based allocation system for certain transmitter licences 106A Issue of apparatus licence taken to be an acquisition of an asset and conduct Division 3—Conditions of apparatus licences 107 General conditions 108 Additional conditions for transmitter licences 108A Conditions of transmitter licences for temporary community broadcasters 109 Conditions of transmitter licences for certain broadcasting services 109B Conditions of digital radio multiplex transmitter licences—general 109C Conditions of category 1 and category 2 digital radio multiplex transmitter licences—access etc. 109D Conditions of foundation digital radio multiplex transmitter licences 110 Conditions relating to interference 110A Conditions determined by the ACMA 111 Changes to licence conditions 111A Licence conditions may confer powers on the ACMA or a person who holds an accreditation 112 Guidelines relating to conditions etc. 113 Contravention of conditions 113A Constitutional safety net—issue of shares to digital community radio broadcasting representative company Division 4—Third party users 114 Licensees may authorise third party users 114A Authorisation under apparatus licence taken to be an acquisition of an asset and conduct 115 Determinations limiting authorisation of third party users 116 Revocation of authorisations 117 Licensees must keep records of authorisations 118 Licensees must notify authorised persons of certain matters Division 4B—Access to digital radio multiplex transmitter licences Subdivision A—Introduction 118N Simplified outline 118NA Scope 118NB Definitions 118NC National broadcasters Subdivision B—Access undertakings 118ND Digital radio multiplex transmitter licensees must give the ACCC access undertakings 118NE Further information about access undertakings 118NF ACCC to accept or reject access undertakings 118NG Duration of access undertakings etc. 118NH Variation of access undertakings 118NI Further information about variation of access undertakings 118NJ Decision‑making criteria 118NK Register of access undertakings Subdivision C—Standard access obligations, excess‑capacity access obligations and distributed‑capacity access obligations 118NL Standard access obligations 118NM Excess‑capacity access obligations 118NN Distributed‑capacity access obligations 118NO Compliance with access obligations 118NP Other obligations 118NQ Standard access entitlements of commercial broadcasters 118NR Standard access entitlements of community broadcasters 118NS Standard access entitlements of national broadcasters 118NT Excess‑capacity access entitlements etc. 118NU Distributed‑capacity access entitlements etc. 118NV Capacity cap—digital commercial radio broadcasting licensees 118NW Suspension of access entitlements 118NX Transfer of digital radio multiplex transmitter licence 118NY Renewal of digital radio multiplex transmitter licence Subdivision D—Enforcement 118NZ Judicial enforcement of access obligations etc. 118P Enforcement of access undertakings Subdivision E—External audits 118PA External audits 118PB Eligibility for appointment 118PC External auditor may have regard to the results of previous audit 118PD External auditors Subdivision F—Review of decisions 118PE Review by Australian Competition Tribunal 118PF Functions and powers of Australian Competition Tribunal 118PG Provisions that do not apply in relation to a Australian Competition Tribunal review 118PH Statement of reasons for reviewable decision—specification of documents Subdivision G—Injunctions 118PI Injunctions 118PJ Interim injunctions 118PK Discharge or variation of injunctions 118PL Certain limits on granting injunctions not to apply 118PM Other powers of the Federal Court unaffected Subdivision H—Miscellaneous 118PN Annual reports 118PO Procedural Rules 118PP Constitutional safety net Division 4C—Access to broadcasting transmission towers etc. by digital radio multiplex transmitter licensees and authorised persons Subdivision A—Introduction 118Q Simplified outline 118QA Definitions 118QB Designated associated facilities 118QC Extended meaning of access Subdivision B—Access to broadcasting transmission towers etc. by digital radio multiplex transmitter licensees 118QD Access to broadcasting transmission towers 118QE Access to designated associated facilities 118QF Access to sites of broadcasting transmission towers 118QG Terms and conditions of access 118QH Code relating to access Subdivision C—Miscellaneous 118QI Arbitration—acquisition of property 118QJ Relationship between this Division and the National Transmission Network Sale Act 1998 Division 5—Qualified operators 119 ACMA to determine the need for qualified operators 120 Applications for certificates of proficiency 121 Issuing certificates of proficiency 122 Restrictions on issuing certificates of proficiency 122A Delegating the power to issue certificates of proficiency 123 Re‑examination of qualified operators 124 Cancelling certificates of proficiency Division 6—Suspending and cancelling apparatus licences Subdivision A—General provisions 125 Application of this Subdivision 126 Suspending apparatus licences 127 Period of suspension 128 Cancelling apparatus licences Subdivision B—International broadcasting services 128A Application of this Subdivision 128B Cancelling transmitter licences Division 7—Renewing apparatus licences 129 Applications for renewal of apparatus licences 129A Further information 130 Renewing apparatus licences 131 Application of other provisions Division 8—Transfer of apparatus licences 131AA Applications for transfer of apparatus licences 131AB Transfer of apparatus licences 131AC Apparatus licences not transferable in certain circumstances Division 10—Provisional international broadcasting certificates 131AE Applications for certificates 131AF Issuing certificates 131AG Duration of certificates Part 3.4—Class licences Division 1—General 132 ACMA may issue class licences 133 Conditions of class licences 134 Varying class licences 136 Consultation on variations and revocations 137 Compliance with plans 138 Parts of the spectrum allocated for spectrum licences Division 2—Requests for advice 140 Requests for advice on operation of radiocommunications devices 141 ACMA to advise on the operation of radiocommunications devices 142 The effect of the ACMA's advice Part 3.5—Registration of licences 143 The Register of Radiocommunications Licences 144 Contents of the Register—spectrum licences 145 Refusal to register radiocommunications transmitters for operation under spectrum licences 146 Updating the Register to take variations etc. of spectrum licences into account 147 Contents of the Register—apparatus licences 148 Updating the Register to take variations etc. of apparatus licences into account 149 Contents of the Register—class licences 150 Updating the Register to take variations etc. of class licences into account 151 Inspection of the Register 152 Parts of the Register may be kept confidential 153 Correction of the Register Part 3.6—Re‑allocation of encumbered spectrum 153A Outline of this Part 153B Spectrum re‑allocation declaration 153D Affected apparatus licences and licensees 153H Effect of spectrum re‑allocation declaration 153J Revocation and variation of spectrum re‑allocation declaration 153K Automatic revocation of spectrum re‑allocation declaration if no licences allocated by re‑allocation deadline 153L Re‑allocation by means of issuing spectrum licences 153M Re‑allocation by means of issuing apparatus licences 153N Restriction on issuing spectrum licences for parts of the spectrum subject to re‑allocation 153P Restriction on issuing apparatus licences for parts of the spectrum subject to re‑allocation Chapter 4—General regulatory provisions 154 Outline of this Chapter Part 4.1—Equipment Division 1—Introduction 155 Simplified outline of this Part Division 2—Equipment rules 156 Equipment rules 157 Constitutional limits 158 Standards 159 Obligations, prohibitions and permits 160 Breach of equipment rules and permit conditions 161 Equipment rules may confer powers on the ACMA 162 Equipment rules may confer powers on accredited persons 163 Equipment rules may authorise the charging of fees by certain persons 164 Divisions 4 and 5 do not limit the ACMA's power to make equipment rules Division 3—Protected symbols 165 Use or application of protected symbols 166 Protected symbol Division 4—Bans on equipment Subdivision A—Interim bans 167 Interim bans on equipment 168 Duration of interim bans 169 Revocation of interim bans 170 Compliance with interim bans 171 Actions for damages Subdivision B—Permanent bans 172 Permanent bans on equipment 173 When permanent bans come into force 174 Revocation of permanent bans 175 Compliance with permanent bans—offences 176 Compliance with permanent bans—civil penalties 177 Actions for damages Subdivision C—Presumptions 178 Presumptions Subdivision D—Amnesty for banned equipment 179 Amnesty for banned equipment 180 The ACMA may take possession of equipment 181 Forfeiture of equipment to the Commonwealth 182 Forfeited equipment may be sold, destroyed or otherwise disposed of Division 5—Recall of equipment Subdivision A—Compulsory recall of equipment 183 Compulsory recall of equipment 184 Contents of a recall notice 185 Obligations of a supplier in relation to a recall notice 186 Compliance with recall notices 187 Actions for damages Subdivision B—Voluntary recall of equipment 188 Notification requirements for a voluntary recall of equipment Part 4.2—Offences relating to radio emission 192 Interference likely to prejudice safe operation of vessels, aircraft or space objects 193 Interference in relation to certain radiocommunications 194 Interference likely to endanger safety or cause loss or damage 195 Transmission from foreign vessel, aircraft or space object 196 Emergency transmissions etc. 197 Causing interference etc. 198 Transmission of false information 199 Transmission likely to cause explosion 200 Imputed knowledge 201 Operation of laws of States or Territories Part 4.3—Settlement of interference disputes Division 1—Conciliators 202 Conciliator Division 2—Referral of matters to conciliators 205 Referral of complaints to conciliators 206 Referral of other matters to conciliators 207 Consideration of whether to refer a matter Division 3—The conciliation process 208 Conciliator may effect settlement in relation to disputed conduct 209 Conciliator may decide not to make inquiry 210 Compulsory conference 211 Protection from civil actions Division 4—Directions 212 ACMA may issue directions 213 Complainants to be kept informed 214 Contravention of a direction 215 Commonwealth not liable for costs Division 5—Miscellaneous 216 Offences relating to settlement of interference disputes 217 Operation of State and Territory laws Part 4.4—Restricted use zones Division 1—Declarations of emergency 219 Declaration of period of emergency 220 Circumstances in which Proclamation may be made 221 Termination of period of emergency 221A Effect of a national emergency declaration Division 2—Restrictive orders 222 Restrictive orders 223 Publication of restrictive orders 224 Application of orders to broadcasting 225 Revocation of orders 226 Orders may have extended operation 227 Contravention of orders 228 Orders to prevail over inconsistent laws 229 Restrictive orders are legislative instruments Division 3—Guidelines for making restrictive orders 230 Minister may make guidelines Chapter 5—Administration and enforcement 231 Outline of this Chapter Part 5.1—Delegation 238 Delegation Part 5.3—Advisory guidelines 262 ACMA may make advisory guidelines Part 5.4—Accreditation 263 ACMA may accredit persons 264 Conditions of accreditation 264A Withdrawal of accreditation 265 Procedure for withdrawing accreditation 266 Accreditation rules 266A ACMA determination in relation to certificates Part 5.5—Enforcement Division 1—Introduction 267 Simplified outline of this Part Division 2—Enforcement 268 Remedial directions—breach of civil penalty provision 269 Civil penalty provisions—enforcement 270 Infringement notices 271 Enforceable undertakings 272 Injunctions Division 3—Forfeiture notices 273 Provisions subject to a forfeiture notice 274 When a forfeiture notice may be given 275 Matters to be included in a forfeiture notice 276 Extension of time to agree to forfeit a thing to the Commonwealth 277 Withdrawal of a forfeiture notice 278 Effect of agreeing to forfeit a thing to the Commonwealth 279 The ACMA may take possession of a thing 280 Forfeiture of a thing to the Commonwealth 281 Forfeited things may be sold, destroyed or otherwise disposed of 282 Effect of this Division 283 Designated forfeiture officer Division 4—Inspectors 284 Inspectors Division 5—Monitoring and investigation powers 284A Monitoring powers 284B Investigation powers—general 284C Identity card 284D Retention of thing seized etc. 284E Securing evidential material 284F Directions to licensees—managing interference with radiocommunications 284H Powers of inspectors to require operation of transmitters 284J General powers of inspectors 284K Self‑incrimination etc. Division 6—Power of inspectors to enter premises and adjust transmitters in emergencies Subdivision A—Powers of inspectors 284KA Power of inspectors to enter premises and adjust transmitters in emergencies Subdivision B—Investigation warrants 284KB Transmitter access warrants 284KC Offence relating to warrants Subdivision C—Issuing officers 284KD Issuing officer 284KE Powers of issuing officers Division 7—Court‑ordered forfeiture 284L Court may order forfeiture 284M Forfeited goods may be sold, destroyed or otherwise disposed of Division 8—Public warning notices 284N Public warning notices Division 9—Miscellaneous 284P Act not to affect performance of duties by inspectors 284Q Inspectors not authorised to enter or search certain land or premises etc. used for defence purposes Part 5.5A—Information‑gathering powers 284R Simplified outline of this Part 284S The ACMA may obtain information or documents 284T Copying documents—compensation 284U Copies of documents 284V ACMA may retain documents 284W Self‑incrimination Part 5.6—Review of decisions 285 Decisions that may be subject to reconsideration by the ACMA 286 Deadlines for reaching certain decisions 287 Statements to accompany notification of decisions 288 Applications for reconsideration of decisions 289 Reconsideration by the ACMA 290 Deadlines for reconsiderations 291 Statements to accompany notification of decisions on reconsideration 292 Review by the ART Part 5.7—Charges 294 Spectrum access charges 295 Publication of determinations 296 Collection of charges on behalf of the ACMA 297 Limits on charges 298 Recovery of charges 298A Fees imposed by bodies or organisations Chapter 6—Miscellaneous 299 International agreements etc. 300 Labelling of radiocommunications transmitters for purposes of identification 300A Transitional—failure to comply with requirements to be met after a label has been applied to a device 300B Transitional—general powers of inspectors 300C Transitional—retention of records of the supply of radiocommunications devices 302 Exemptions from certain compliance provisions 303 Compilation etc. of information 304 Applications in electronic form 304A Service of notices and instruments by electronic means 305 Evidentiary certificates 305A Computerised decision‑making 306 Conduct by directors, employees and agents 307 Surrender of licences, certificates and permits 308 No compensation for suspensions and cancellations 308A Compensation for acquisition of property 309 Officers and employees of governments and authorities 310 Operation of this Act in relation to the Broadcasting Services Act 311 Act not to affect performance of functions by States or certain Territories 312 Application of the Competition and Consumer Act 313 Legislation of the Australian Antarctic Territory 313A Application of the Criminal Code 313B Legislative rules 314 Regulations 314A Instruments under this Act may provide for matters by reference to other instruments Schedule—Resuming spectrum licences by compulsory process Part 1—Resumption Procedures 1 Pre‑acquisition declarations 2 Service on licensees and third party users 3 Resumption notices 4 Date of effect of resumptions 5 Notification of licensees Part 2—Compensation 1 The basis on which compensation is payable 2 Amounts of compensation payable 3 Claims for compensation 4 Consideration of claims by the ACMA 5 Deadline for consideration of claims 6 Consideration of offers by licensees 7 Determination of compensation by the ART 8 Determination of compensation by the Federal Court 9 Determination of compensation by independent valuers Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history An Act about management of the radiofrequency spectrum, and other matters Chapter 1—Preliminary Part 1.1—Formal matters 1 Short title This Act may be cited as the Radiocommunications Act 1992. 2 Commencement This Act commences on 1 July 1993. Part 1.2—Object of this Act 3 Object The object of this Act is to promote the long‑term public interest derived from the use of the spectrum by providing for the management of the spectrum in a manner that: (a) facilitates the efficient planning, allocation and use of the spectrum; and (b) facilitates the use of the spectrum for: (i) commercial purposes; and (ii) defence purposes, national security purposes and other non‑commercial purposes (including public safety and community purposes); and (c) supports the communications policy objectives of the Commonwealth Government. 4 Outline of this Act In order to achieve this object: (a) Chapter 2 provides for radio frequency planning that involves preparation of: (i) a spectrum plan and frequency band plans (see Part 2.1); and (ii) marketing plans (see Part 2.2); and (b) Chapter 3 provides for licensing radiocommunications under: (i) spectrum licences (see Part 3.2); and (ii) apparatus licences (see Part 3.3); and (iii) class licences (see Part 3.4); (c) Chapter 3 also provides for registration of licences (see Part 3.5); and (ca) Chapter 3 also provides for the re‑allocation of parts of the spectrum (see Part 3.6); and (d) Chapter 4 provides for general regulatory requirements aimed at: (i) providing for equipment rules and other technical regulation (see Part 4.1); and (ii) regulating various acts relating to radio emissions, particularly those involving interference with radiocommunications (see Part 4.2); and (iii) settling interference disputes (see Part 4.3); and (iv) providing for restricted use zones (see Part 4.4); and (e) Chapter 5 provides for various other matters dealing with the administration and enforcement of this Act. Part 1.3—Interpretative provisions 5 Definitions In this Act, unless the contrary intention appears: ACCC means the Australian Competition and Consumer Commission. accreditation means an accreditation given under section 263. accreditation rules means rules made under section 266. ACMA means the Australian Communications and Media Authority. advisory guideline means an advisory guideline made under section 262. aircraft includes a balloon. apparatus licence means an apparatus licence issued under Part 3.3. apparatus licence tax means a tax imposed under the Radiocommunications (Receiver Licence Tax) Act 1983 or the Radiocommunications (Transmitter Licence Tax) Act 1983. ART means the Administrative Review Tribunal. Australia, when used in a geographical sense, includes the external Territories. Australian aircraft means an aircraft that is in Australian control or is registered, or required to be registered, under regulations made under the Civil Aviation Act 1988. Australian space object means a space object that the ACMA, by legislative instrument, determines to be an Australian space object for the purposes of this Act. Australian vessel means a vessel that is in Australian control or: (a) not being an air‑cushion vehicle—is an Australian boat within the meaning of the Fisheries Management Act 1991; or (b) being an air‑cushion vehicle—would be an Australian boat within the meaning of that Act if it were a boat within the meaning of that Act. authorised defence supplier has the meaning given by section 10B. authority, in relation to the Commonwealth, a State or a Territory, means: (a) a Department; or (b) a body (whether incorporated or unincorporated) established for a public purpose by or under the law of the Commonwealth, the State or the Territory, as the case may be; or (c) any other body corporate in which: (i) the Commonwealth, the State or the Territory, as the case may be; or (ii) a body corporate referred to in paragraph (b); has a controlling interest. broadcasting services bands licence has the same meaning as in the Broadcasting Services Act 1992. broadcasting station means a transmitter that is operating for the purposes of: (a) a broadcasting services bands licence; or (b) the provision of a national broadcasting service within the meaning of the Broadcasting Services Act 1992. BSA control rules means: (a) sections 54A and 56A of the Broadcasting Services Act 1992; and (b) clause 41 of Schedule 6 to the Broadcasting Services Act 1992. BSA coverage area means coverage area within the meaning of Schedule 4 to the Broadcasting Services Act 1992. BSA datacasting licence means a datacasting licence under Schedule 6 to the Broadcasting Services Act 1992. BSA exempt re‑transmission service means a service that, under subsection 212(1) of the Broadcasting Services Act 1992, is exempt from the regulatory regime established by that Act. BSA licence area means licence area within the meaning of the Broadcasting Services Act 1992. BSA television licence area plan means a television licence area plan within the meaning of the Broadcasting Services Act 1992. category 1 digital radio multiplex transmitter licence means a transmitter licence for one or more multiplex transmitters that are for use for transmitting either or both of the following services in a designated BSA radio area: (a) one or more digital commercial radio broadcasting services; (b) one or more digital community radio broadcasting services. category 2 digital radio multiplex transmitter licence means a transmitter licence for one or more multiplex transmitters that are for use for transmitting any or all of the following services in a designated BSA radio area: (a) one or more digital commercial radio broadcasting services; (b) one or more digital community radio broadcasting services; (c) one or more digital national radio broadcasting services. category 3 digital radio multiplex transmitter licence means a transmitter licence for one or more multiplex transmitters that are for use for transmitting one or more digital national radio broadcasting services in a designated BSA radio area. certificate means: (i) a certificate of proficiency; or (ii) a compliance certificate; or (iii) a frequency assignment certificate referred to in subsection 100(4A); or (iv) any other kind of certificate that may be issued under this Act. certificate of proficiency means a certificate of proficiency issued under section 121. change, in relation to information in the Register, means any one or more of the following: (a) the addition of matter to the information; (b) the alteration of matter included in the information; (c) the deletion of matter from the information. class licence means a class licence issued under Part 3.4. commercial broadcasting service has the same meaning as in the Broadcasting Services Act 1992. commercial radio broadcasting licence has the same meaning as in the Broadcasting Services Act 1992. commercial television broadcasting licence has the same meaning as in the Broadcasting Services Act 1992. Commonwealth officer means: (a) a Minister; or (b) a person who, whether on a full‑time or a part‑time basis, and whether in a permanent capacity or otherwise: (i) is in the service or employment of the Commonwealth, the Administration of a Territory or an authority of the Commonwealth; or (ii) holds or performs the duties of any office or position established by or under a law of the Commonwealth or a Territory; or (c) a member of the Defence Force; or (d) the Commissioner of the Australian Federal Police, a Deputy Commissioner of the Australian Federal Police, an AFP employee or a special member of the Australian Federal Police (all within the meaning of the Australian Federal Police Act 1979); or (e) a member of the police force of a Territory. community broadcasting service has the same meaning as in the Broadcasting Services Act 1992. conciliator has the meaning given by section 202. conciliator's report means a report by a conciliator under section 208. constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies. core condition means a condition included in a spectrum licence under section 66. datacasting service has the same meaning as in the Broadcasting Services Act 1992. Defence Department means the Department of State that deals with defence and that is administered by the Minister administering section 1 of the Defence Act 1903. Department means: (a) in relation to the Commonwealth—an Agency within the meaning of the Public Service Act 1999; or (b) in relation to a State or Territory—a body that, in relation to that State or Territory, is a body of such a kind. designated BSA radio area means: (a) the BSA licence area of a commercial radio broadcasting licence; or (b) the BSA licence area of a community radio broadcasting licence, where that BSA licence area is the same as the BSA licence area of a commercial radio broadcasting licence. Note: See also section 8AD of the Broadcasting Services Act 1992, which deals with deemed radio broadcasting licence areas. designated community radio broadcasting licence has the same meaning as in the Broadcasting Services Act 1992. designated datacasting service has the same meaning as in Schedule 6 to the Broadcasting Services Act 1992. designated forfeiture officer has the meaning given by section 283. designated radiocommunications receiver has the meaning given by section 7A. designated teletext service has the same meaning as in Schedule 6 to the Broadcasting Services Act 1992. device means an item of equipment. digital commercial radio broadcasting licence means a commercial radio broadcasting licence that authorises the provision of one or more digital commercial radio broadcasting services. digital commercial radio broadcasting service has the same meaning as in the Broadcasting Services Act 1992. digital community radio broadcasting licence means a designated community radio broadcasting licence that authorises the provision of one or more digital community radio broadcasting services. digital community radio broadcasting representative company, in relation to a designated BSA radio area, has the meaning given by section 9C. digital community radio broadcasting service has the same meaning as in the Broadcasting Services Act 1992. digital national radio broadcasting service has the same meaning as in the Broadcasting Services Act 1992. digital radio channel plan means a plan under section 44A. digital radio multiplex transmitter licence means: (a) a category 1 digital radio multiplex transmitter licence; or (b) a category 2 digital radio multiplex transmitter licence; or (c) a category 3 digital radio multiplex transmitter licence. digital radio start‑up day has the same meaning as in the Broadcasting Services Act 1992. direct allocation has the meaning given by section 60A. disputed conduct means conduct (including any act and any refusal or omission to act) of a kind referred to in paragraph 205(1)(a). engage in conduct means: (a) do an act; or (b) omit to perform an act. environment means the physical environment. equipment means: (a) a radiocommunications transmitter; or (b) a radiocommunications receiver; or (c) anything designed or intended for radio emission; or (d) anything, irrespective of its use or function or the purpose of its design, that is capable of radio emission; or (e) anything that has a use or function that is capable of being interfered with by radio emission. equipment rules means rules made under section 156. Federal Court means the Federal Court of Australia. foreign aircraft means an aircraft that is not an Australian aircraft. foreign space object means a space object that is not an Australian space object. foreign vessel means a vessel that is not an Australian vessel. forfeiture notice means a notice under section 274. foundation category 1 digital radio multiplex transmitter licence has the meaning given by section 98C. foundation category 2 digital radio multiplex transmitter licence has the meaning given by section 98D. foundation digital radio multiplex transmitter licence means: (a) a foundation category 1 digital radio multiplex transmitter licence; or (b) a foundation category 2 digital radio multiplex transmitter licence. frequency band means any contiguous range of radio frequencies. frequency band plan means a plan prepared under section 32. HDTV digital mode has the same meaning as in Schedule 4 to the Broadcasting Services Act 1992. import means import into Australia. in Australian control means in the control or possession of one or more of any of the following: (a) the Commonwealth (including an arm of the Defence Force) or a State or Territory; (b) an authority of the Commonwealth; (c) an authority of a State; (d) an authority of a Territory. incumbent digital commercial radio broadcasting licensee has the meaning given by subsection 9D(1). incumbent digital community radio broadcasting licensee has the meaning given by subsection 9D(2). inspector has the meaning given in section 284. interference means: (a) in relation to radiocommunications—interference to, or with, radiocommunications that is attributable, whether wholly or partly and whether directly or indirectly, to an emission of electromagnetic energy by equipment; or (b) in relation to the uses or functions of equipment—interference to, or with, those uses or functions that is attributable, whether wholly or partly and whether directly or indirectly, to an emission of electromagnetic energy by equipment. interim ban has the meaning given by section 167. interim tax means tax imposed by the Commercial Broadcasting (Tax) Act 2017. international broadcasting licence means an international broadcasting licence under the Broadcasting Services Act 1992. international broadcasting service has the same meaning as in the Broadcasting Services Act 1992. label includes: (a) a statement; and (b) a QR code, or a similar thing, if the relevant link is to information on a website. legislative rules means rules made under section 313B. licence means a spectrum licence, an apparatus licence or a class licence. licensee means: (a) in relation to a spectrum licence—the person specified in the licence as the licensee, whether the licence was originally issued to that person or subsequently assigned to him or her; or (b) in relation to an apparatus licence—the person who holds the licence; and, in Part 2 of the Schedule, includes the person from whom the spectrum licence in question, or the part of the spectrum licence in question, was resumed. marketing plan means a plan prepared under section 39 or 39A. member, in relation to the Australian Federal Police, includes a special member of the Australian Federal Police. member of a civilian component of a visiting force has the meaning given by subsection 5(3) of the Defence (Visiting Forces) Act 1963. member of a visiting force has the meaning given by subsection 5(2) of the Defence (Visiting Forces) Act 1963. member of the crew, in relation to an vessel, aircraft or space object, includes the person in charge of the vessel, aircraft or space object. Ministerial policy statement has the meaning given by section 28B. national broadcaster has the same meaning as in the Broadcasting Services Act 1992. national broadcasting service has the same meaning as in the Broadcasting Services Act 1992. national emergency declaration has the same meaning as in the National Emergency Declaration Act 2020. NBS transmitter licence means a transmitter licence for a transmitter that is for use for transmitting, to the public, a national broadcasting service, but does not include a digital radio multiplex transmitter licence. newspaper means a newspaper that is in the English language and is published on at least 4 days in each week, but does not include a publication if less than 50% of its circulation is by way of sale. non‑foundation digital radio multiplex transmitter licence means: (a) a category 1 digital radio multiplex transmitter licence; or (b) a category 2 digital radio multiplex transmitter licence; that is not a foundation digital radio multiplex transmitter licence. offer to supply includes: (a) make available for supply; and (b) expose for supply; and (c) display for supply; and (d) advertise for supply. open narrowcasting television service has the same meaning as in the Broadcasting Services Act 1992. operate: (a) when used in relation to: (i) a radiocommunications transmitter; or (ii) a radiocommunications receiver; or (iii) a radiocommunications device; or (iv) a transmitter that is a radiocommunications transmitter; or (v) equipment that is a radiocommunications transmitter; or (vi) equipment that is a radiocommunications receiver; means operate for the purposes of, or in connection with, radiocommunications; or (b) when used in relation to a transmitter that is not a radiocommunications transmitter—means operate (within the ordinary meaning of that expression); or (c) when used in relation to equipment that is neither a radiocommunications transmitter nor a radiocommunications receiver—means operate (within the ordinary meaning of that expression). part, in relation to a spectrum licence, means: (a) a specified portion of the frequencies at which operation of radiocommunications devices is authorised under the licence; or (b) a specified portion of the area within which operation of radiocommunications devices is so authorised; or (c) a specified portion of the frequencies at which operation of radiocommunications devices is so authorised in a specified portion of the area within which operation of radiocommunications devices is so authorised. period of emergency means a period declared to be a period of emergency under subsection 219(1). Note: If a national emergency declaration is in force, the period for which the declaration is in force is taken to be a period of emergency for the purposes of this Act (see section 221A). permanent ban has the meaning given by section 172. permit means a permit issued by the ACMA under the equipment rules. pre‑acquisition declaration means a declaration published in the Gazette under clause 1 of Part 1 of the Schedule. protected symbol has the meaning given by section 166. provisional international broadcasting certificate means a provisional international broadcasting certificate issued under section 131AF. public interest statement: (a) for a spectrum licence—has the meaning given by section 65A; or (b) for an apparatus licence—has the meaning given by section 103A. public or community service has the meaning given in section 10. qualified company means a company that: (a) is formed in Australia; and (b) has a share capital. qualified operator means a person who holds a certificate of proficiency. radiocommunication has the meaning given in section 6. radiocommunications device has the meaning given in subsection 7(1). radiocommunications receiver has the meaning given in subsection 7(3). radiocommunications transmitter has the meaning given in subsection 7(2). radio emission has the meaning given in subsection 8(1). re‑allocation deadline, in relation to a spectrum re‑allocation declaration, has the meaning given by section 153B. re‑allocation period, in relation to a spectrum re‑allocation declaration, has the meaning given by section 153B. recall notice means a notice issued under subsection 183(1), (2), (3) or (4). receiver licence means an apparatus licence of the kind referred to in subsection 97(3). reception, in relation to radio emission, includes interception. Register means the Register of Radiocommunications Licences established under section 143. Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014. renewal application period: (a) for a spectrum licence—has the meaning given by section 65A; or (b) for an apparatus licence—has the meaning given by section 103A. renewal application period statement: (a) for a spectrum licence—has the meaning given by section 65A; or (b) for an apparatus licence—has the meaning given by section 103A. renewal decision‑making period, for a spectrum licence, has the meaning given by section 65A. renewal decision‑making period statement, for a spectrum licence, has the meaning given by section 65A. renewal statement: (a) for a spectrum licence—has the meaning given by section 65A; or (b) for an apparatus licence—has the meaning given by section 103A. restrictive order means an order made under subsection 222(1). resumption notice means a notice published in the Gazette under clause 3 of Part 1 of the Schedule. SDTV digital mode has the same meaning as in Schedule 4 to the Broadcasting Services Act 1992. space object means an object (whether artificial or natural) that is beyond, has been beyond or is intended to go beyond the major portion of the Earth's atmosphere, or any part of such an object, even if the part is intended to go only some of the way towards leaving the major portion of the Earth's atmosphere. Note: Under section 10A, the ACMA may determine that a particular object is not a space object for the purposes of this Act. spectrum means the range of frequencies within which radiocommunications are capable of being made. spectrum access charge means a spectrum access charge fixed under section 294. spectrum licence means a spectrum licence issued under Part 3.2. spectrum licence tax means a tax imposed under the Radiocommunications (Spectrum Licence Tax) Act 1997. spectrum management functions, in relation to the ACMA, has the same meaning as in the Australian Communications and Media Authority Act 2005. spectrum management powers, in relation to the ACMA, means the powers conferred on the ACMA by or under: (a) this Act; or (b) the Radiocommunications (Receiver Licence Tax) Act 1983; or (c) the Radiocommunications (Spectrum Licence Tax) Act 1997; or (d) the Radiocommunications Taxes Collection Act 1983; or (e) the Radiocommunications (Transmitter Licence Tax) Act 1983; or (f) Part 14AA of the Broadcasting Services Act 1992; or (g) section 12 of the Australian Communications and Media Authority Act 2005, to the extent that the powers relate to the performance of the ACMA's spectrum management functions. spectrum plan means: (a) in relation to a time before the first plan prepared under section 30 comes into effect—the last plan prepared under section 18 of the Radiocommunications Act 1983; and (b) in relation to a time after the first plan prepared under section 30 comes into effect—a plan prepared under section 30. spectrum re‑allocation declaration means a declaration under section 153B. State officer means a person who, whether on a full‑time basis or a part‑time basis, and whether in a permanent capacity or otherwise: (a) is in the service or employment of a State or an authority of a State; or (b) holds or performs the duties of any office or position established by or under a law of a State; and includes a member of the police force of a State. subscription television broadcasting service has the same meaning as in the Broadcasting Services Act 1992. supply includes supply (including re‑supply) by way of sale, exchange, lease, hire or hire‑purchase. television program includes so much of a television program as consists only of sounds or images. temporary community broadcasting licence has the same meaning as in the Broadcasting Services Act 1992. this Act includes the regulations. transmitter has the meaning given in subsection 8(2). transmitter access warrant means a warrant issued under section 284KB. transmitter licence means an apparatus licence of the kind referred to in subsection 97(2). vessel means a vessel or boat of any description, and includes: (a) an air‑cushion vehicle; and (b) any floating structure. 6 Definition of radiocommunication (1) For the purposes of this Act, radiocommunication is: (a) radio emission; or (b) reception of radio emission; for the purpose of communicating information between persons and persons, persons and things or things and things. (2) The reference in subsection (1) to communicating information includes communicating information between a part of a thing and: (a) another part of the same thing; or (b) the same part of that thing; (as, for example, in the operation of radar equipment). Note: Division 3 of Part 1.4 has the effect of extending the concept of radiocommunication in certain circumstances. 7 Definitions of radiocommunications device, radiocommunications transmitter and radiocommunications receiver (1) For the purposes of this Act, a radiocommunications device is: (a) a radiocommunications transmitter other than a radiocommunications transmitter of a kind specified in a written determination made by the ACMA for the purposes of this paragraph; or (b) a radiocommunications receiver of a kind specified in a written determination made by the ACMA for the purposes of this paragraph. (2) For the purposes of this Act, a radiocommunications transmitter is: (a) a transmitter designed or intended for use for the purpose of radiocommunication; or (b) anything (other than a line within the meaning of the Telecommunications Act 1997) designed or intended to be ancillary to, or associated with, such a transmitter for the purposes of that use; or (c) anything (whether artificial or natural) that is designed or intended for use for the purpose of radiocommunication by means of the reflection of radio emissions and that the ACMA determines in writing to be a radiocommunications transmitter for the purposes of this Act. (3) For the purposes of this Act, a radiocommunications receiver is: (a) anything designed or intended for use for the purposes of radiocommunication by means of the reception of radio emission; or (b) anything (other than a line within the meaning of the Telecommunications Act 1997) designed or intended to be ancillary to, or associated with, such a thing for the purposes of that use; or (c) anything (whether artificial or natural) that is designed or intended for use for the purpose of radiocommunication by means of the reflection of radio emissions and that the ACMA determines in writing to be a radiocommunications receiver for the purposes of this Act. (4) This Act does not preclude the same thing from being both a radiocommunications receiver and a radiocommunications transmitter, or any other kind of transmitter, for the purposes of this Act. (5) A determination by the ACMA under this section is a legislative instrument. 7A Designated radiocommunications receiver For the purposes of this Act, if the operation of a radiocommunications receiver is not authorised by a class licence, the radiocommunications receiver is a designated radiocommunications receiver. 8 Definitions of radio emission and transmitter (1) For the purposes of this Act, a radio emission is any emission of electromagnetic energy of frequencies less than 420 terahertz without continuous artificial guide, whether or not any person intended the emission to occur. (2) For the purposes of this Act, a transmitter is: (a) anything designed or intended for radio emission; or (b) any other thing, irrespective of its use or function or the purpose of its design, that is capable of radio emission. 9 Application of labels For the purposes of this Act, a label is taken to be applied to a thing if: (a) the label is affixed to the thing; or (b) the label is woven in, impressed on, worked into or annexed to the thing; or (c) the label is affixed to a container, covering, package, case, box or other thing in or with which the first‑mentioned thing is, or is to be, supplied; or (d) the label is woven in, impressed on, worked into or annexed to a container, covering, package, case, box or other thing in or with which the first‑mentioned thing is, or is to be, supplied; or (e) the label is affixed to, or incorporated in, an instruction or other document that accompanies the first‑mentioned thing. 9B Digital mode For the purposes of this Act, a service is transmitted in digital mode if the service is transmitted using a digital modulation technique. 9C Digital community radio broadcasting representative company (1) For the purposes of this Act, a company is the digital community radio broadcasting representative company for a particular designated BSA radio area if: (a) the company is a qualified company; and (b) the incumbent digital community radio broadcasting licensees for the designated BSA radio area have given the ACMA a joint written notice electing that this paragraph apply to the company; and (c) before the company was formed, the promoters of the company invited each incumbent digital community radio broadcasting licensee for the area to subscribe for shares in the company on the basis that: (i) the incumbent digital community radio broadcasting licensees who accepted the invitation would be issued with an equal number of shares; and (ii) no other persons would be entitled to subscribe for shares in the company; and (d) the invitations referred to in paragraph (c) were published on the ACMA's website; and (da) the invitations referred to in paragraph (c) were open for whichever of the following periods is applicable: (i) a period of at least 60 days; (ii) if all the invitees responded to the invitations within the period mentioned in subparagraph (i)—the period that began at the start of the period mentioned in subparagraph (i) and ended on the last occasion on which the promoters received such a response; and (e) there was no discrimination between subscribers for shares in the company in relation to the consideration payable for the issue of the shares concerned; and (f) the total amount of money payable as consideration for the issue of the shares in the company is not substantially in excess of the total amount that, as at the time the invitations referred to in paragraph (c) are published, would be required for the viable operation of the company; and (g) none of the recipients of an invitation referred to in paragraph (c) were subject to duress as to whether the invitation should be accepted; and (h) the company has a constitution; and (i) the company's constitution provides that a person is not eligible to hold a share in the company unless the person is a digital community radio broadcasting licensee whose BSA licence area is the same as the designated BSA radio area; and (j) the company's constitution provides that, if: (i) a digital community radio broadcasting licence is allocated to a person under the Broadcasting Services Act 1992 after the commencement of this section; and (ii) the BSA licence area of the digital community radio broadcasting licence is the same as the designated BSA radio area; the company must: (iii) within 30 days after the allocation of the digital community radio broadcasting licence, offer to issue shares in the company to the holder of the digital community radio broadcasting licence, where the number of shares offered equals the number of shares already held by a particular digital community radio broadcasting licensee; and (iv) keep the offer open for at least 90 days; and (v) ensure that, if the offer is accepted, the amount of money payable as consideration for the issue of the shares is not substantially in excess of the amount that was payable by an incumbent digital community radio broadcasting licensee who subscribed for shares in the company in response to an invitation referred to in paragraph (c); and (k) the company's constitution provides that the purposes of the company are: (i) holding shares in one or more companies that hold, have applied for, or propose to apply for, category 1 digital radio multiplex transmitter licences, or category 2 digital radio multiplex transmitter licences, for the designated BSA radio area; and (ii) exercising the powers conferred by this Act on a digital community radio broadcasting representative company; and (iii) carrying out activities incidental to the purposes mentioned in subparagraphs (i) and (ii); and (l) the company complies with such other conditions (if any) as are specified in the regulations. Note: See also section 8AD of the Broadcasting Services Act 1992, which deals with deemed radio broadcasting licence areas. (2) For the purposes of the application of paragraph (1)(i) and subparagraph (1)(j)(iii) before the digital radio start‑up day for the designated BSA radio area, digital community radio broadcasting licensee includes an incumbent digital community radio broadcasting licensee. (3) An election under paragraph (1)(b) given in relation to a particular designated BSA radio area has no effect if an election under that paragraph has been previously given in relation to that area. (4) An election under paragraph (1)(b) is irrevocable. (5) The promoters of a company may request the ACMA to publish on its website the invitations referred to in paragraph (1)(c). (6) The ACMA must comply with a request under subsection (5) if the ACMA is satisfied that the request was made in good faith. 9D Incumbent digital radio broadcasting licensees Incumbent digital commercial radio broadcasting licensee (1) For the purposes of this Act, if: (a) the licensee of a commercial radio broadcasting licence held the licence at the commencement of this section; and (b) the licence was not allocated under subsection 40(1) of the Broadcasting Services Act 1992; the licensee is an incumbent digital commercial radio broadcasting licensee. Incumbent digital community radio broadcasting licensee (2) For the purposes of this Act, if the licensee of a designated community radio broadcasting licence held the licence at the commencement of this section, the licensee is an incumbent digital community radio broadcasting licensee. 10 Public or community services (1) For the purposes of this Act, a public or community service is a service provided by a body or organisation of a kind specified by the Minister, by written instrument, to be bodies or organisations for the purposes of this section. (2) Each such body or organisation must either be: (a) an authority of the Commonwealth, a State or a Territory; or (b) a body or organisation that: (i) is not carried on for the purpose of profit or gain to its members; and (ii) applies its profits (if any) or other income in achieving its objects; and (iii) does not provide for making any distribution, whether in money, property or otherwise, to its members. (3) The instrument is a legislative instrument. 10A ACMA determinations about space objects Despite the definition of space object in section 5, the ACMA may, by legislative instrument, make a determination that a particular object is not a space object for the purposes of this Act. Note: Under subsection 33(3A) of the Acts Interpretation Act 1901, objects may be specified by reference to a particular class or classes of objects. 10B Authorised defence supplier (1) For the purposes of this Act, authorised defence supplier means a person who: (a) is a party to a written agreement for the supply of goods or services to the Defence Force or the Defence Department; and (b) is approved in writing by a member of the Defence Force or an officer of the Defence Department. (2) An approval under paragraph (1)(b) is not a legislative instrument. 11 References to offences against this Act etc. (1) A reference in this Act to an offence against this Act or to an offence against a provision of this Act includes a reference to an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act or that provision, as the case requires. (2) A reference in this Act to a conviction of an offence includes a reference to: (a) making an order under section 19B of the Crimes Act 1914 in relation to the offence; or (b) payment of the amount stated in an infringement notice given under Part 5 of the Regulatory Powers Act, so far as it applies to the provision mentioned in subsection 270(1) of this Act that creates the offence. Part 1.4—Application of this Act 12 Outline of this Part (1) This Part is about the scope of this Act's operation, and the situations in which that operation is extended or restricted. (2) Division 1 applies this Act to the Crown. (3) Division 2 describes how questions of location affect the application of this Act. (4) Division 3 brings certain activities within the concept of radiocommunication for the purposes of this Act. (5) Division 4 is about the situations and activities that are exempt from the operation of this Act. Division 1—General 13 Crown to be bound (1) Subject to subsection (2), this Act binds the Crown in all its capacities. (2) Nothing in this Act renders the Crown liable to be prosecuted for an offence. Division 2—Provisions relating to location and similar matters 14 Operation of this Division This Division has effect subject to Division 4. 15 Application to external Territories This Act extends to all the external Territories. 16 Application outside Australia (1) Except so far as the contrary intention appears, this Act applies outside Australia (whether or not in a foreign country), but only in relation to: (a) Australian citizens ordinarily resident in Australia, in respect of radio emissions intended to be received in Australia, other than: (i) radio emissions made by a genuine member of the crew of a foreign vessel, foreign aircraft or foreign space object in the course of his or her duties as such a member; or (ii) radio emissions made from a foreign country by a person in the performance of a duty imposed by the law of that country; and (b) members of the crew of Australian aircraft, Australian vessels and Australian space objects; and (c) Australian aircraft, Australian space objects and Australian vessels; and (ca) foreign space objects, in the circumstances specified in a determination by the ACMA; and (d) anything to which this Act extends because of section 17 or 17A. (2) For the purposes of paragraph (1)(a), a radio emission that is intended to be retransmitted to Australia is taken to be intended to be received