Commonwealth Numbered Acts

RADIOCOMMUNICATIONS ACT 1983 No. 130, 1983 - SECT 3

3. (1) In this Act, unless the contrary intention appears-

         ''advisory guideline'' means an advisory guideline made under
sub-section 16 (1);

         ''agreement'' includes a treaty or convention;


         ''aircraft'' means a machine or apparatus that can derive support in
the atmosphere from the reactions of the air or from buoyancy, but does not
include an air-cushion vehicle;

         ''Australia'' includes all the Territories;


         ''Australian aircraft'' means an aircraft that is in Australian
control or is registered in accordance with the Air Navigation Regulations as
an Australian aircraft;

         ''Australian satellite'' means a space satellite that is declared by
the regulations to be an Australian satellite for the purposes of this Act;

         ''Australian vessel'' means a vessel that is in Australian control
or-

   (a)  not being an air-cushion vehicle-is an Australian boat within the
        meaning of the Fisheries Act 1952; or

   (b)  being an air-cushion vehicle-would be an Australian boat within the
        meaning of that Act if it were a boat within the meaning of that Act;

     ''authority of a State'' means-


   (a)  a corporation established for a public purpose by or under a law of a
        State; or

   (b)  any other corporation in which a State, or a corporation referred to
        in paragraph (a), has a controlling interest;

     ''authority of the Commonwealth'' means-


   (a)  a corporation established for a public purpose by or under a law of
        the Commonwealth or of a Territory; or

   (b)  any other corporation in which the Commonwealth, the Administration of
        a Territory or a corporation referred to in paragraph (a), has a
        controlling interest;

         ''broadcasting station'' means so much of a broadcasting station
(including a broadcasting translator station) within the meaning of the
Broadcasting and Television Act 1942 or the Australian Broadcasting 
Corporation Act 1983 
that consists of a transmitter that is operating for the purpose of the
transmission of radio programs to the general public as authorized by or under
either of those Acts;

         ''certificate of proficiency'' means a certificate of proficiency
issued under section 31;

         ''Commissioner'' means a Commissioner appointed under sub-section 55
(5);

         ''Commonwealth officer'' means-


   (a)  a Minister; or

   (b)  a person who, whether on a full-time or a part-time basis, and whether
        in a permanent capacity or otherwise-

        (i)    is in the service or employment of the Commonwealth, the
               Administration of a Territory or an
               authority of the Commonwealth; or

        (ii)   holds or performs the duties of any office or position
               established by or under a law of the Commonwealth or a
               Territory,

and, without limiting the generality of paragraph (b), includes-

   (c)  a member of the Defence Force; and

   (d)  a member of the Australian Federal Police or of the police force of a
        Territory;

         ''compliance statement'' means a statement authorized by a compliance
statement certificate;

         ''compliance statement certificate'' means a certificate issued under
sub-section 12 (1);

         ''conciliator'' means a person appointed as a conciliator under
section 49;

         ''device'' means-


   (a)  radiosensitive equipment;

   (b)  a radiocommunications transmitter;

   (c)  a transmitter other than a radiocommunications transmitter; or

   (d)  a receiver,

but does not include a broadcasting station or a television station;

         ''environment'' means the physical environment;


         ''financial corporation'' means a financial corporation to which
paragraph 51 (xx) of the Constitution is applicable, and includes a
corporation formed within the limits of Australia that carries on as its sole
or principal business the business of banking or insurance to which paragraph
51 (xiii) or (xiv) of the Constitution, as the case may be, is applicable;

         ''foreign aircraft'' means an aircraft other than an Australian
aircraft;

         ''foreign corporation'' means a foreign corporation to which
paragraph 51 (xx) of the Constitution is applicable;

         ''foreign satellite'' means a space satellite other than an
Australian satellite;

         ''foreign vessel'' means a vessel other than an Australian vessel;


         ''frequency band plan'' means a plan prepared under section 19;


         ''frequency reservation certificate'' means a certificate granted
under section 21;

         ''have in possession'' includes having under control in any place
whatever, whether for the use or benefit of the person of whom the term is
used or of another person, and although another person has the actual
possession or custody of the thing in question;

         ''importation'' means importation into Australia;


         ''in Australian control'' means in the control or possession of one
or more of any of the following:

   (a)  the Commonwealth (including an arm of the Defence Force) or a State or
        Territory;

   (b)  an authority of the Commonwealth;

   (c)  a corporation established for a purpose of a State or Territory by or
        under a law in force in that State or Territory;

   (d)  any other corporation in which a State or Territory, or a corporation
        referred to in paragraph (c), has a controlling interest;

         ''licence'' means a receiver licence or a transmitter licence;


         ''Magistrate'' includes a Justice of the Peace;


         ''manufactured'' means manufactured in Australia;


         ''medical practitioner'' means a person registered or licensed as a
medical practitioner under a law of a State or Territory that provides for the
registration or licensing of medical practitioners;

         ''officer'' means a Commonwealth officer or a State officer;


         ''operate''-


   (a)  in relation to a radiocommunications receiver, means operate for the
        purpose of radiocommunication otherwise than solely for the purpose of
        radio transmission;

   (b)  in relation to a radiocommunications transmitter, means operate for
        the purpose of radiocommunication otherwise than solely for the
        purpose of the reception of radio transmission; and

   (c)  in relation to a prescribed transmitter, means operate for the purpose
        of prescribed radio transmission;

         ''physical quantity'' means a physical quantity specified in
regulations in force for the purposes of section 7 of the Weights and Measures
(National Standards) Act 1960;

         ''prescribed radio transmission'' means radio transmission for
purposes in connection with the making of a measurement of a physical quantity
by means of the propagation or other qualities of radio transmission;

         ''prescribed transmitter'' means a transmitter designed or intended
for prescribed radio transmission;

         ''qualified operator'' means a person who holds a certificate of
proficiency;

         ''radiocommunication'' means-


   (a)  radio transmission; or

   (b)  reception of radio transmission,

for the purposes of the communication of information between persons and
persons, persons and things or things and things;

         ''radiocommunications transmitter'' means a transmitter designed or
intended for use for the purpose of radiocommunication, and includes any thing
(other than a line within the meaning of the Telecommunications Act 1975)
designed or intended to be ancillary to, or associated with, such a
transmitter for the purposes of that use;

         ''radiosensitive equipment'' means any thing (other than a receiver
or transmitter) any use or function of which is capable of being interfered
with by radio transmission;

         ''radio transmission'' means-


   (a)  any transmission or emission of electromagnetic energy of frequencies
        less than 3 terahertz; or

   (b)  any highly coherent transmission or emission of electromagnetic energy
        of frequencies not less than 3 terahertz and not exceeding 1,000
        terahertz,

without continuous artificial guide;

         ''receiver'' means any thing designed or intended for use for the
purposes of radiocommunication by means of the reception of radio
transmission, and includes any thing (other than a line within the meaning of
the Telecommunications Act 1975) designed or intended to be ancillary to, or
associated with, such a thing for the purposes of that use;

         ''receiver licence'' means a licence granted under section 38;


         ''reception'', in relation to radio transmission, includes
interception;

         ''standard'' means a standard made under sub-section 9 (1);


         ''State officer'' means a person who, whether on a full-time basis or
a part-time basis, and whether in a permanent capacity or otherwise-

   (a)  is in the service or employment of a State or an authority of a State;
        or

   (b)  holds or performs the duties of any office or position established by
        or under a law of a State,

and, without limiting the generality of the foregoing, includes a member of
the police force of a State;

         ''supply'' includes supply (including re-supply) by way of sale,
exchange, lease, hire, or hire-purchase;

         ''television station'' means so much of a television station
(including a television repeater station and a television translator station)
within the meaning of the Broadcasting and Television Act 1942 or the
Australian Broadcasting Corporation Act 1983 that consists of a transmitter
that is operating for the purpose of the transmission of television programs
to the general public as authorized by or under either of those Acts;

         ''temporary permit'' means a permit granted under section 35;


         ''test permit'' means a permit granted under section 10;


         ''this Act'' includes the regulations;


         ''trading corporation'' means a trading corporation to which
paragraph 51 (xx) of the Constitution is applicable;

         ''transmitter'' means-


   (a)  any thing designed or intended for radio transmission; or

   (b)  any other thing, irrespective of its use or function or the purpose of
        its design, that is capable of radio transmission;

         ''transmitter licence'' means a licence granted under section 24;


         ''vessel'' means a vessel or boat of any description, and includes-


   (a)  an air-cushion vehicle; and

   (b)  any floating structure.

(2) A reference in this Act to a member of the Australian Federal Police or to
a member of a police force includes a reference to a special member of the
Australian Federal Police.

(3) A reference in this Act to a conviction of an offence includes a reference
to-

   (a)  the making of an order under section 19B of the Crimes Act 1914 in
        relation to the offence; or

   (b)  the payment, in pursuance of regulations made by virtue of paragraph
        93 (2) (d) of this Act, of a penalty in relation to the offence.

(4) A reference in this Act to an offence against this Act, to an offence
against a provision of this Act or to a contravention of this Act includes a
reference to an offence against-

   (a)  section 6, 7 or 7A of the Crimes Act 1914; or

   (b)  sub-section 86 (1) of that Act by virtue of paragraph (a) of that
        sub-section,
that relates to this Act or that provision, as the case requires.

(5) A reference in a provision of this Act to an inspector is a reference to-

   (a)  an officer appointed by the Minister, by instrument in writing, to be
        an inspector for the purposes of the provision;

   (b)  an officer included in a class of officers appointed by the Minister,
        by instrument in writing published in the Gazette, to be inspectors
        for the purposes of the provision; or

   (c)  a member (other than a special member) of the Australian Federal
        Police or of the police force of a Territory.

(6) For the purposes of this Act, a compliance statement or a statement
purporting to be a compliance statement shall be deemed to be applied to a
device if the statement is impressed on, worked into or annexed or affixed to
the device.

(7) Except so far as the contrary intention appears, references in this Act to
Australia, a foreign country, a place or any waters include references to the
space (including the atmosphere and outer space) above.

(8) A reference in this Act to a member of the crew of an aircraft or vessel
includes a reference to the person in charge of the aircraft or vessel.

(9) A reference in a provision of this Act to an approved form is a reference
to a form approved by the Minister, by instrument in writing, for the purposes
of the provision.

(10) Nothing in this Act precludes the same thing from being both a receiver
and a transmitter for the purposes of this Act.

(11) Nothing in this Act precludes the same transmitter from being both a
prescribed transmitter and a radiocommunications transmitter for the purposes
of this Act.

(12) Nothing in this Act prevents 2 or more licences (whether receiver
licences, transmitter licences, or both) from being contained in the same
instrument.

(13) For the purposes of this Act, a device is sub-standard if-

   (a)  being a device that has not been altered or modified in a material
        respect after its manufacture or, where it has been imported, after
        its importation-it does not comply with a standard that was applicable
        to it when it was so manufactured or imported, as the case may be; or

   (b)  being a device that has been so altered or modified-it does not comply
        with a standard that was applicable to it when it was so altered or
        modified.

(14) A reference in this Act to a television program includes a reference to
so much of a television program as consists only of sound or images.

(15) Where a test permit, licence or temporary permit is granted authorizing
the operation of 2 or more transmitters or, in the case of a receiver licence,
2 or more receivers, nothing in this Act shall be taken, by implication, to
prevent the Minister, in imposing, or in specifying matters relating to, the
conditions to which that licence or permit is subject, from making different
provision for different transmitters or receivers or different classes of
transmitters or receivers.

(16) A reference in this Act to interference to, or with, radiocommunications
is a reference to interference to, or with, radiocommunications that is
attributable, whether wholly or partly and whether directly or indirectly, to
a transmission or emission of electromagnetic energy.