Commonwealth Numbered Regulations - Explanatory Statements

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RADIOCOMMUNICATIONS (LICENSING AND GENERAL) REGULATIONS (AMENDMENT) 1992 NO.197

EXPLANATORY STATEMENT

Statutory Rules 1992 No. 197

Issued by the Authority of the Minister for Transport and Communications

Radiocommunications Act 1983

Radiocommunications (Licensing and General) Regulations (Amendment)

Section 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(1) of the Radiocommunications (Licensing and General) Regulations (the Regulations), made pursuant to the Act, provides definitions of expressions used in the Regulations. Schedule 1 of the Regulations (the Schedule) specifies and definesthe various classes of stations for which radiocommunications transmitter licences may be granted under the Act.

Items 71A and 71B of the Schedule specify and define the expressions "public mobile telecommunications service, Class All and "public mobile telecommunications service, Class B". However, as the regulations stand, a base station which could be licensed as a public mobile telecommunications service, Class A or Class B might also be licensed under one of the classes of base station licences specified at items 14 to 16 of the Schedule or under a licence for one of the classes of service specified at items 57 to 60 of the Schedule.

To ensure that the operation of a base station forming part of a public mobile telecommunications service, Class A or Class B may only be authorised by such a licence, the regulations have been amended to make it clear that the licences to which items 14 to 16 and 57 to 60 relate are not able to authorise the operation of a base station which forms part of a public mobile telecommunications service, class A or B.

Accordingly clauses 2.1, 2.2 and 2.3 of amending regulation 2 amend the base station definitions set out in items 14 to 16 of the Schedule to make it clear that the base station referred to in these definitions does not include "a base station that forms part of a public mobile telecommunications service, Class A or a public mobile telecommunications service, Class B".

In addition, clauses 2.4, 2.5, 2.6 and 2.7 of amending regulation 2 amend the definitions set out in column 3 of items 57 to 60 of the Schedule to make it clear that "service" referred to in these definitions did not include "a public mobile telecommunications service, Class A or a public mobile telecommunications service, Class B".


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