Commonwealth Numbered Regulations

1988 No. 228 GUIDELINES UNDER REGON 42 OF THE RADIOCOMMUNICATIONS ACT 1983 - REG 4

4. (1) Before making an order under subsection 41 (2) of the Act prohibiting
the use of transmitters within a specified area, being use in a manner likely
to interfere with radiocommunications, the Minister shall satisfy himself that
radiocommunications, being radiocommunications for the purpose of dealing with
the radiocommunications emergency in question, could not be effectively
protected from interference by some more limited form of regulation than the
proposed order with respect to-

   (a)  a class or classes of transmitters;

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

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

   (d)  the technical parameters of radio transmission;

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

   (f)  any other aspect of radio transmission.

(2) Before making an order under subsection 41 (2) of the Act regulating the
use of transmitters within a specified area, being use in a manner likely to
interfere with radiocommunications, the Minister shall satisfy himself that
the nature and extent of the proposed regulation are no greater than necessary
to protect from interference radiocommunications for the purpose of dealing
with the radiocommunications emergency in question.

(3) In deciding whether to make an order under subsection 41 (2) 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 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 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 or
               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;

   (d)  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;

   (e)  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;

   (f)  the likely effect of the order on activities dependent on
        radiocommunications referred to in paragraphs 4 (3) (c) and 4 (3) (e)
        of these guidelines and on telecommunications referred to in paragraph
        4 (3) (d) of these guidelines;

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