Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) An instrument under this Act may make provision in relation to a matter by applying, adopting or incorporating (with or without modifications) provisions of any Act:
(a) as in force at a particular time; or
(b) as in force from time to time.
(2) An instrument under this Act may make provision in relation to a matter by applying, adopting or incorporating (with or without modifications) matter contained in any other instrument or writing whatever:
(a) as in force or existing at a particular time; or
(b) as in force or existing from time to time;
even if the other instrument or writing does not yet exist when the instrument under this Act is made.
(3) A reference in subsection (2) to any other instrument or writing includes a reference to an instrument or writing:
(a) made by any person or body in Australia or elsewhere (including, for example, the Commonwealth, a State or Territory, an officer or authority of the Commonwealth or of a State or Territory or an overseas entity); and
(b) whether of a legislative, administrative or other official nature or of any other nature; and
(c) whether or not having any legal force or effect;
(d) regulations or rules under an Act; or
(e) a State Act, a law of a Territory, or regulations or any other instrument made under such an Act or law; or
(f) an international technical standard or performance indicator; or
(g) a written agreement or arrangement or an instrument or writing made unilaterally.
(4) Nothing in this section limits the generality of anything else in it.
(5) Subsections (1) and (2) have effect despite anything in:
(a) the Acts Interpretation Act 1901 ; or
(b) the Legislation Act 2003 .
"instrument under this Act" means:
(aa) the legislative rules; or
(b) any other instrument made under this Act.
• In performing its spectrum management functions, and exercising its spectrum management powers, the ACMA must have regard to any relevant Ministerial policy statements.
• At least once each financial year, the ACMA must determine a work program in relation to its spectrum management functions and its spectrum management powers.
• Before determining a work program, the ACMA must:
(a) consult the Minister; and
(b) undertake any other consultation that is appropriate and reasonably practicable.
• This Division sets out an access regime for digital radio multiplex transmitter licences.
• A digital radio multiplex transmitter licensee is required to comply with access obligations in relation to multiplex capacity under the licence.
• The access obligations facilitate the provision of access to multiplex capacity by content service providers in order that the content service providers can provide content services.
• The terms and conditions on which a digital radio multiplex transmitter licensee is required to comply with the access obligations are as set out in an access undertaking in force in relation to the licence.
• The owner or operator of a broadcasting transmission tower must provide the following persons with access to the tower:
(a) digital radio multiplex transmitter licensees;
(b) persons authorised by digital radio multiplex transmitter licensees under section 114.
• The owner or operator of a designated associated facility must provide the following persons with access to the facility:
(a) digital radio multiplex transmitter licensees;
(b) persons authorised by digital radio multiplex transmitter licensees under section 114.
• The owner or operator of a broadcasting transmission tower must provide the following persons with access to the site of the tower:
(a) digital radio multiplex transmitter licensees;
(b) persons authorised by digital radio multiplex transmitter licensees under section 114.
• The ACMA may make equipment rules.
• The equipment rules may prescribe standards for equipment.
• The equipment rules may impose obligations or prohibitions in relation to equipment.
• An obligation or prohibition may relate to:
(a) the operation of equipment; or
(b) the supply of equipment; or
(c) offers to supply equipment; or
(d) the possession of equipment; or
(e) the import of equipment.
• A person must not use or apply a protected symbol unless the use or application is authorised by or under:
(a) this Act; or
(b) the equipment rules.
• A protected symbol is a symbol:
(a) the design of which is determined by the ACMA; and
(b) the purpose of which is to indicate compliance by equipment with any standards that are prescribed by the equipment rules and that are applicable to the equipment.
• The ACMA may impose interim bans, or permanent bans, on equipment.
• The ACMA may require a supplier to recall equipment.
• If a supplier voluntarily recalls equipment, the supplier must notify the ACMA of the recall.
• If a person has contravened, or is contravening, a civil penalty provision of this Act, the ACMA may give the person a remedial direction.
• A civil penalty provision of this Act is enforceable under Part 4 of the Regulatory Powers Act.
• Infringement notices may be given under Part 5 of the Regulatory Powers Act for alleged contraventions of certain provisions of this Act.
• The ACMA may accept an enforceable undertaking under Part 6 of the Regulatory Powers Act that relates to a provision of this Act.
• Injunctions may be granted under Part 7 of the Regulatory Powers Act in relation to contraventions of certain provisions of this Act.
• Forfeiture notices may be given for alleged contraventions of certain provisions of this Act.
• A provision is subject to monitoring under Part 2 of the Regulatory Powers Act if it is:
(a) an offence against Part 4.1 of this Act; or
(b) a civil penalty provision of this Act; or
(c) an offence against subsection 284J(8) of this Act.
• Information given in compliance, or purported compliance, with subsection 284J(8) or a provision of Part 4.1 is subject to monitoring under Part 2 of the Regulatory Powers Act.
• An offence against this Act, or a civil penalty provision of this Act, is subject to investigation under Part 3 of the Regulatory Powers Act.
• Inspectors appointed under this Act have the following additional powers:
(a) the power to give directions to a holder of an apparatus licence or a spectrum licence in relation to managing interference with radiocommunications;
(b) the power to enter premises to adjust transmitters in emergencies;
(c) the power to direct a person to operate a transmitter;
(d) the power to require a person to produce an apparatus licence, a spectrum licence, a third party authorisation, a certificate or a permit;
(e) the power to require a person to produce a copy of a record of an authorisation;
(f) the power to require a person to produce a record the retention of which is required by the equipment rules.
• A court may order the forfeiture to the Commonwealth of anything used, or otherwise involved, in:
(a) the commission of an offence against this Act; or
(b) a contravention of a civil penalty provision of this Act.
• The ACMA may issue a public warning notice.
• The ACMA may require a person to give the ACMA information, or produce to the ACMA a document, that relates to:
(a) the supply of radiocommunications devices; or
(b) the operation, or proposed operation, of radiocommunications devices; or
(c) the unlawful possession of radiocommunications devices; or
(d) compliance, or non - compliance, with conditions of an
apparatus licence or a spectrum licence.