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This is a Bill, not an Act. For current law, see the Acts databases.
RADIOCOMMUNICATIONS AMENDMENT BILL 2010
2008-2009-2010
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Radiocommunications Amendment Bill
2010
No. , 2010
(Broadband, Communications and the Digital Economy)
A Bill for an Act to amend the
Radiocommunications Act 1992, and for related
purposes
i Radiocommunications Amendment Bill 2010 No. , 2010
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
2
Schedule 1--Amendments
3
Radiocommunications Act 1992
3
Radiocommunications Amendment Bill 2010 No. , 2010 1
A Bill for an Act to amend the
1
Radiocommunications Act 1992, and for related
2
purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the Radiocommunications Amendment
6
Act 2010.
7
2 Commencement
8
This Act commences on the day after this Act receives the Royal
9
Assent.
10
2 Radiocommunications Amendment Bill 2010 No. , 2010
3 Schedule(s)
1
Each Act that is specified in a Schedule to this Act is amended or
2
repealed as set out in the applicable items in the Schedule
3
concerned, and any other item in a Schedule to this Act has effect
4
according to its terms.
5
6
Amendments Schedule 1
Radiocommunications Amendment Bill 2010 No. , 2010 3
Schedule 1--Amendments
1
2
Radiocommunications Act 1992
3
1 Paragraph 78(a)
4
Repeal the paragraph, substitute:
5
(a) states where information may be obtained about:
6
(i) the spectrum licences that will expire during a period
7
specified in the notice; and
8
(ii) the parts of the spectrum to which they relate; and
9
2 Subsection 79(1)
10
Omit "during the period of 2 years".
11
3 Subsection 82(3)
12
Omit "licenses", substitute "licences".
13
4 Subsection 82(4)
14
Repeal the subsection, substitute:
15
(4) A determination is a legislative instrument, but section 42
16
(disallowance) of the Legislative Instruments Act 2003 does not
17
apply to the determination.
18
5 After subsection 136(1)
19
Insert:
20
(1A) In addition to subsection (1), if the variation of a class licence
21
would affect the spectrum allocated, to be allocated or to be
22
re-allocated by issuing or re-issuing spectrum licences, before
23
varying the class licence:
24
(a) the ACMA must be satisfied that:
25
(i) the variation of the class licence would not result in
26
unacceptable levels of interference to the operation of
27
radiocommunications devices operated, or likely to be
28
operated, under spectrum licences; and
29
(ii) the variation of the class licence would be in the public
30
interest; and
31
Schedule 1 Amendments
4 Radiocommunications Amendment Bill 2010 No. , 2010
(b) the ACMA must consult all licensees of spectrum licences
1
who may be affected by the proposed variation of the class
2
licence.
3
6 Subsection 136(5)
4
After "subsection (1)", insert ", (1A)".
5
7 Section 138
6
Repeal the section, substitute:
7
138 Parts of the spectrum allocated for spectrum licences
8
(1) The ACMA must not issue a class licence that authorises the
9
operation of radiocommunications devices at frequencies that are
10
within a part of the spectrum that is:
11
(a) designated under section 36 to be allocated by issuing
12
spectrum licences; or
13
(b) specified in a spectrum re-allocation declaration that gives
14
effect to paragraph 153B(6)(a);
15
unless subsection (2) is satisfied.
16
(2) Before issuing a class licence:
17
(a) the ACMA must be satisfied that:
18
(i) issuing the class licence would not result in
19
unacceptable levels of interference to the operation of
20
radiocommunications devices operated, or likely to be
21
operated, under spectrum licences; and
22
(ii) issuing the class licence would be in the public interest;
23
and
24
(b) the ACMA must consult all licensees of spectrum licences
25
who may be affected by the proposed class licence.
26
8 Paragraph 294(1)(a)
27
Omit "licenses", substitute "licences".
28
9 Subsection 294(5)
29
Repeal the subsection, substitute:
30
(5) A direction made under subsection (2) is not a legislative
31
instrument.
32
Amendments Schedule 1
Radiocommunications Amendment Bill 2010 No. , 2010 5
10 Application
1
(1)
The amendment made by item 1 applies to a notice published in the
2
Gazette on or after the day this item commences.
3
(2)
The amendment made by item 4 applies to a determination made by the
4
Minister on or after the day this item commences.
5
(3)
The amendment made by item 7 applies:
6
(a) in respect of spectrum for which a spectrum licence is not in
7
force on the day this item commences--to the issue of a class
8
licence on or after the day this item commences; and
9
(b) in respect of spectrum for which a spectrum licence is in
10
force on the day this item commences--to the issue of a class
11
licence:
12
(i) after the day the spectrum licence expires; or
13
(ii) on or after the day the spectrum licence is re-issued.
14
(4)
The amendment made by item 9 applies to a direction made on or after
15
the day this item commences.
16