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 users' needs. An overview of outcomes of public consulation, summarising the key themes in submissions, and the action taken in response, can be found below.

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 Radiocommunications Legislation Amendment (Reform and Modernisation) Bill 2020 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.

Outcomes

Stakeholder views were considered in the final drafting of the Radiocommunications Legislation Amendment (Reform and Modernisation) Bill 2020 (the Bill). Key issues raised during the consultation process have been summarised in the consultation outcomes paper.

On 27 August 2020, the Hon Paul Fletcher MP, Minister for Communications, Urban Infrastructure, Cities and the Arts, introduced the Bill into Parliament along with the Radiocommunications (Receiver Licence Tax) Amendment Bill 2020 and the Radiocommunications (Transmitter Licence Tax) Amendment Bill 2020. All three Bills passed the Parliament on 8 December 2020 and received the Royal Assent on 17 December 2020.

The amendments will commence six months following the date of Royal Assent, on 17 June 2021.