Consultation on the exposure draft of Radiocommunications Legislation Amendment (Reform and Modernisation) Bill

Spectrum is essential to today's digitally-networked economy and is a major contributor to Australia's economic and social wellbeing. Management of spectrum is legislated under the Radiocommunications Act 1992 (the Act).

The technological landscape has changed significantly since the Act was first introduced. An update to the legislation is designed to provide for spectrum management to remain fit-for-purpose and flexible enough to adapt to changing needs.

In October 2019, the Government committed to progressing a set of targeted amendments which will update and streamline the Act. On the 24 June 2020 consultation opened on a draft bill package which included targeted amendments focussed on removing existing unnecessary prescription and legislative barriers. Consultation formally closed on 17 July 2020. Overall the package was received well, with stakeholders reiterating that the 1992 framework was not adequately meeting modern spectrum user’s needs. An overview of outcomes of public consulation, summarising the key themes in submissions, and the action taken in response, can be found below.

Stakeholder views were considered in the final drafting of the Radiocommunications Legislation Amendment (Reform and Modernisation) Bill 2020 (the Bill).

The  amendments have achieved the desired outcomes of the October 2019 announcement and successfully streamlined and modernised the legislation.  Key changes include:

• Clarifying the object of the Act, and the roles of the Minister and the Australian Communications and Media Authority (ACMA).
• Streamlining the spectrum allocation and re-allocation processes
• Improving flexibility and reducing regulatory barriers between licence types
• Better reflecting modern spectrum needs and supply chains, and
• Introducing a modernised compliance and enforcement regime.

The exposure draft of the Bill is accessible below. In addition, you can also access the consultation paper below which provides an overview of the reforms and explains the policy rationale.