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Radiocommunications legislation & regulation
The Radiocommunications legislative framework is composed of:
Australian Communications Authority Act 1997
- Radiocommunications Act 1992
- Radiocommunications (Transmitter Licence Tax) Act 1983
- Radiocommunications (Receiver Licence Tax) Act 1983
- Radiocommunications(Spectrum Licence Tax) Act 1997
- Radiocommunications (Temporary Permit Tax) Act 1983
- Radiocommunications (Test Permit Tax) Act 1983
- Radiocommunications Taxes Collection Act 1983
From time to time the Minister issues directions to the Australian Communications and Media Authority in accordance with the relevant legislation to assist with the administration of various aspects of his portfolio concerning radiocommunications matters.
Media Releases
These documents have an historical and legal value in the regulation and operation of the current radiocommunications system:
Radiocommunications--Ministerial Directions and Ministerial Declarations
A Direction is a Ministerial instruction to a regulatory agency (in this case the ACMA) to do something in connection with the performance of its regulatory functions or the exercise of its regulatory powers. For example, a direction to the ACMA to impose specified competition limits when allocating licences or a direction to the ACMA to set a licence tax at a particular rate.
A Declaration is a Ministerial statement of the Minister's decision that will affect certain third parties (e.g. a declaration that certain parts of the spectrum are subject to re-allocation) or a Ministerial statement imposing obligations on third parties (e.g requiring carriers to sell AMPS air-time in certain circumstances).
Regulation Impact Statements
Regulation Impact Statements or RISs are intended to assist Government policy makers by identifying and assessing all viable options for achieving Government policy objectives. They are required for all regulatory proposals (including proposals in the form of non-disallowable instruments, quasi-regulation and treaties) that affect business or restrict competition. Since 1997, the Australian Government has required RISs first to be presented to decision-makers and later be made public. An RIS is normally required to be prepared when the Minister exercises his power to direct the Australian Communication and Media Authority under the Radiocommunications Act 1992 or the Australian Communication and Media Authority Act 2005 or to make a declaration under the Radiocommunications Act 1992. However, in some circumstances the Office of Regulation Review will provide an exemption from the requirement to prepare a Regulation Impact Statement usually where the proposed changes are insignificant or not considered to be material.