Commonwealth Numbered Regulations - Explanatory Statements

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Statutory Rules 1991 No. 78

Radiocommunications (Licensing and General) Regulations (Amendment)

Issued by the Authority of the Minister for Transport and Communications

Subsection 93(1) of the Radiocommunications Act 1983 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.

Section 24 of the Act provides that the Minister may grant to an applicant a licence to operate and to possess specified radiocommunications transmitters or radiocommunications transmitters included in a class of radiocommunications transmitters.

Subregulation 2(5) of the Radiocommunications (Licensing and General) Regulations (the Regulations) provides for the specification of different classes of licence in Schedule 1 to those Regulations.

By Statutory Rules 1990 NO.358 a new licence class was inserted at item 20A in Schedule 1 known as 'Cordless telephone system service'. Paragraph (a) of the definition of this new licence class in Column 3 of item 20A, previously provided for a base station, not forming part of a cellular mobile telephone service, to be connected by a line to a public switched telephone network. It became apparent that the technology already exists whereby a base station in a cordless telephone system service may be connected to a public switched telephone network either by a line, or by means of radiocommunications. Regulation 2 of the amending Regulations amends paragraph (a) to provide for a base station to be connected to a public switched telephone network by either means.

Section 9 of the Act provides for the making of Ministerial Standards relating to the design and performance of radiocommunications devices.

Section 12 of the Act provides that the Minister may issue to an applicant a certificate authorising the applicant to apply to a specified device, or a device included in a specified class of devices, a statement certifying that the device complies with a specified Ministerial Standard made under section 9. Section 12 also provides that the Minister may, for the purposes of section 12, require an applicant to submit a device for examination against the relevant Ministerial Standard.

Subparagraph 93(2)(h)(iii) of the Act provides that regulations may be made prescribing fees to be payable in respect of examinations conducted under section 12.

Schedule 2 of the Regulations sets out the fees payable with respect to examinations conducted under section 12.

Statutory Rules 1990 No.353 inserted new item 4A into Schedule 2 to provide for a fee of $1500 for testing a device for compliance with Ministerial Standard No.309. Statutory Rules No.358 (regulation 7) omitted Schedule 2 and substituted a new Schedule 2 which incorporated two new items providing fees for testing for compliance with two new Ministerial Standards Nos. 244 and 274. Unfortunately the substituted Schedule 2 did not include the item for testing against Ministerial Standard No.309. Regulation 3 of the amending Regulations re-inserts a fee for testing against ministerial Standard No.309 at new item 6A in Schedule 2.

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