Commonwealth Numbered Regulations

1988 No. 228 GUIDELINES UNDER REGON 42 OF THE RADIOCOMMUNICATIONS ACT 1983 - REG 3

3. (1) Before making an order under subsection 41 (1) of the Act prohibiting
the operation of radiocommunications transmitters within a specified area, the
Minister shall satisfy himself that the radiocommunications emergency in
question could not be as effectively dealt with using some more limited form
of regulation than the proposed order with respect to-

   (a)  a class or classes of radiocommunications transmitters;

   (b)  the range of persons, bodies or organisations to be permitted to
        operate or prohibited from operating radiocommunications transmitters;

   (c)  periods of time within which the operation of radiocommunications
        transmitters is to be permitted or prohibited;

   (d)  the technical parameters of radiocommunications transmission;

   (e)  the use of a frequency or frequencies; and

   (f)  any other aspect of radiocommunications transmission.

(2) Before making an order under subsection 41 (1) of the Act regulating,
within a specified area, the operation of radiocommunications transmitters,
the Minister shall satisfy himself that the nature and extent of the proposed
regulation are no greater than necessary to deal with the existing
radiocommunications emergency in question.

(3) In deciding whether to make an order under subsection 41 (1) of the Act
and in deciding what should be contained in such an order the Minister shall
have regard to-

   (a)  the likely extent to which radiocommunications could be needed to deal
        with the radiocommunications emergency in question;

   (b)  the likely extent to which operation of radiocommunications
        transmitters could interfere substantially with radiocommunications
        being used for the purpose of dealing with the radiocommunications
        emergency in question or otherwise substantially disrupt or disturb
        such radiocommunications;

   (c)  the likely extent to which the operation of radiocommunications
        transmitters could adversely affect efforts to deal with the
        radiocommunications emergency in question, apart from the effect of
        such operation on radiocommunications being used for the purpose of
        dealing with the emergency;

   (d)  the likely effect of the order on radiocommunications carried on by or
        on behalf of:

        (i)    agencies or bodies whose principal purpose is to provide
               electricity, transport, water or any other essential service;

        (ii)   agencies or bodies whose assistance may be required to deal
               with the emergency in question;

        (iii)  the Australian Federal Police or the police force of a State of
               Territory; or

        (iv)   fire fighting, civil defence or rescue organisations, ambulance
               services, the Royal Flying Doctor Service or any other
               organisation the sole or principal purpose of which involves
               securing the safety of persons during an emergency;

   (e)  the likely effect of the order on telecommunications carried on by the
        Australian Telecommunications Commission, Aussat Pty Ltd and the
        Overseas Telecommunications Commission (Australia), and in particular
        insofar as they are carried on for the purpose of dealing with
        emergencies;

   (f)  the likely effect of the order on radiocommunications established by
        the Department of Transport and Communications under regulation 82 of
        the Air Navigation Regulations, and in particular insofar as they are
        carried out for the purpose of maintaining air safety or dealing with
        emergency situations, including search and rescue operations;

   (g)  the likely effect of the order on activities dependent on
        radiocommunications referred to in paragraphs 3 (3) (d) and 3 (3) (f)
        of these guidelines and on telecommunications referred to in paragraph
        3 (3) (e) of these guidelines;

   (h)  the consideration referred to in subclause 5 (a) of these guidelines;
        and (i) any other relevant consideration.