Commonwealth Numbered Regulations - Explanatory Statements

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RADIOCOMMUNICATIONS REGULATIONS 1993 NO. 177

STATUTORY RULES 1993 No. 177

Issued by the authority of the Minister for Communications

Radiocommunications Act 1992

Radiocommunications Regulations

The Radiocommunications Act 1992 (the Act) commences on 1 July 1993 and replaces the Radiocommunications Act 1983 (the 1983 Act). it establishes a new regime for managing use of the radiofrequency spectrum. The Radiocommunications (Transitional Provisions and Consequential Amendments) Act 1992 repeals the 1983 Act, the Radiocommunications (Temporary Permit Tax) Act 1983 and the Radiocommunications (Frequency Reservation Certificate Tax) Act 1983 and provides for transitional arrangements. The Radiocommunications (Transitional Provisions and Consequential Amendments) Act 1992 also commences on 1 July 1993.

Section 314 of the Radiocommunications Act 1992 (the Act) provides that the Governor-General may make regulations prescribing all matters required or permitted by the Act to be prescribed; or necessary or convenient to be prescribed for carrying out or giving effect to the Act. Subsection 4(1) of the Acts Interpretation Act 1901 provides for the exercise of a power under an Act before the commencement of that Act.

Subsection 11(1) of the Radiocommunications (Transitional Provisions and Consequential Amendments) Act 1992 provides, inter alia, that, subject to subsection 11(3), any regulations made under the 1983 Act and in force immediately prior to the commencement of the Act continue in force as if made under the Act. The effect of this was to save the regulations made under the 1983 Act, subject to subsection 11(3).

Subsection 11(3) of the Radiocommunications (Transitional Provisions and Consequential Amendments) Act 1992 provides that subsection 11(1) does not apply to a regulation the making of which is not authorised by the 1992 Act. Thus some of the regulations made under the 1983 Act would not be saved, as the Act differs substantially in content from the 1983 Act. As a result, only those persons with a detailed knowledge of the Act, and the 1983 Act, would be in a position to understand which regulations were saved and which regulations had ceased to have effect.

Consequently it was decided to re-make the regulations which allowed for redrafting of the regulations in the style of the Act, and the removal of regulations which would not remain in force as a result of subsection 11(3) of the Radiocommunications (Transitional Provisions and Consequential Amendments) Act 1992.

Regulation 45 of these proposed regulations also repeals Radiocommunications (Licensing and General) Regulations, which these regulations replace.

Details of the Radiocommunications Regulations are contained in the following attachment.

The Radiocommunications Regulations commenced on 1 July 1993, the date on which the Act came into force.

Attachment

Details of Proposed Radiocommunications Regulations

Regulation 1 provides for the regulations to be cited as the Radiocommunications Regulations.

Regulation 2 provides for the commencement of the Regulations on 1 July 1993.

Regulation 3 defines terms for the purposes of the Regulations.

Regulation 4 defines 'Australian satellite' for the purposes of section 5 of the Act.

Regulation 5 specifies, for the purposes of paragraph 7(1)(b) of the Act, those radiocommunications receivers that are radiocommunications devices.

Regulation 6 specifies, for the purposes of paragraph 26(1)(b) of the Act, those functions or duties performed by a member of the Defence Force or an officer of the Department of Defence that are exempt from Parts 3.1, 4.1 and 4.2 of the Act.

Regulation 7 provides, for the purposes of paragraph 107(1)(f) of the Act, that a licensee of a transmitter licence or a person authorised to operate a transmitter to which the licence applies, must not use the transmitter to communicate with any station or receiver unless permitted to do so by the terms of the licence, except, in certain circumstances.

Regulation 8 specifies, for the purposes of paragraph 107(1)(f) of the Act, the general conditions to be attached to a licence for a transmitter that forms part of an amateur station in relation to communications that may or may not be undertaken.

Regulation 9 specifies, for the purposes of paragraph 107(1)(f) of the Act, the general conditions to be attached to a licence for a transmitter that forms part of an amateur station in relation to the purposes for which it may or may not be used.

Regulation 10 specifies, for the purposes of paragraph 107(1)(f) of the Act, the general conditions to be attached to a licence for a transmitter that forms part of an amateur station in relation to radio emissions and the use of call signs.

Regulation 11 specifies, for the purposes of paragraph 107(1)(f) of the Act, a general condition of licence for a transmitter that forms part of an amateur station is that the transmitter must always be under the control of the licensee.

Regulation 12 specifies, for the purposes of paragraph 107(1)(f) of the Act, the general conditions to be attached to a licence for a transmitter that forms part of the citizen band radio station.

Regulation 13 enables the SMA to conduct examinations.

Regulation 14 provides for those matters examinable by an authorised person in relation to a Restricted Operator's Examination in radiotelegraphy; radiotelephony; or both.

Regulation 15 provides for those matters examinable by an authorised person in relation to an Amateur Operator's Examination.

Regulation 16 provides for those matters examinable by an authorised person in relation to a Limited Amateur Operator's Examination.

Regulation 17 provides for those matters examinable by an authorised person in relation to a Novice Amateur Operator's Examination.

Regulation 18 provides for those matters examinable by an authorised person in relation to a First Class Radio Electronic operator's Examination and a Second-Class Radio Electronic Operator's Examination.

Regulation 19 provides for those matters examinable by an authorised person in relation to a General Operator's Examination.

Regulation 20 requires that where the Spectrum Manager must notify a matter in relation to an examination he must do so with no less than 14 days notice in the Gazette.

Regulation 21 establishes the obligations of the Spectrum Manager to notify the applicant for a certificate as to the time and place of examination, the charge (if any) for the examination, and when the charge is payable. Subregulations 21(2) and 21(3) provide for charges to be paid by an applicant before an examination is conducted and for refunds not to be provided if an applicant does not undertake the examination.

Regulation 22 provides for notification of examination results and for reassessment of examination results.

Regulation 23 provides for an authorised person to serve, or cause to be served, an infringement notice on a person, if there are reasonable grounds for believing that person has committed an offence, of a minor nature, against specified sections of the Act.

Regulation 24 provides for the manner in which, and by whom, an infringement notice may be served on an individual or body corporate - see related regulation 45.

Regulation 25 provides for the contents of an infringement notice and the signatory requirements.

Regulation 26 provides for the withdrawal of an infringement notice by the Spectrum Manager, or an authorised person, before the expiration of 28 days after the date of the notice.

Regulation 27 provides that, where a person has paid the penalty within the specified period or the infringement notice is withdrawn after the penalty has been paid, the liability is discharged and that no further proceedings may be taken for the alleged offence.

Regulation 28 provides for payment of a penalty by cheque not to be taken to have occurred until the cheque has been honoured.

Regulation 29 provides for the effect of the service of more than one infringement notice on a person for the same alleged offence.

Regulation 30 provides for the effect of Part V of the regulations concerning payment of penalties on the institution and prosecution of proceedings.

Regulation 31 provides for an evidentiary certificate signed by an authorised person to be evidence of those matters to which it refers at the hearing of a prosecution for an offence.

Regulation 32 provides for the specification of classes of officers and organisations, as set out in Schedule 2 of the Regulations, for the purposes of paragraph 108(3)(b)(v) of the Act.

Regulation 33 provides, for the purposes of paragraph 173(2)(b) of the Act, for the wording of a statement to be applied to a device to indicate that the device is intended to be used solely outside Australia.

Regulation 34 specifies organisations, as set out in Schedule 3 of the Regulations, for the purposes of paragraph 193(1)(a) of the Act.

Regulation 35 specifies the remuneration and allowances payable to the Spectrum Manager.

Regulation 36 provides for the form of warrant, for the purposes of section 269 of the Act, to be as set out in Schedule 4 of the Regulations.

Regulation 37 specifies those matters for which the SMA may determine a charge for recovery of its costs, for the purposes of paragraph 293(b) of the Act.

Regulation 38 prescribes, for the purposes of paragraph 299(1)(b) of the Act, the Treaty within the meaning of the Petroleum (Australia -Indonesia Zone of Cooperation) Act 1990 as amended and in force at the commencement of these Regulations.

Regulation 39 specifies the qualifications required by a Commonwealth officer to issue an evidentiary certificate under subsection 305(1) of the Act.

Regulation 40 provides that, in order to avoid interference to radiocommunications, an inspector may give a licensee written directions in relation to the operation of a station or service; and makes it an offence not to comply with any such directions, or to alter a station (other than an amateur station), service or any accessory apparatus, of a kind likely to cause interference to radiocommunications, except in accordance with a written direction or with the written consent of an inspector.

Regulation 41 provides that the holder of an original licence, certificate or permit issued by the SMA, that has been lost or destroyed, may apply to the SMA for issue of a duplicate.

Regulation 42 provides that the Spectrum Manager may appoint a Commonwealth Officer to be an authorised person for the purposes of a provision in these Regulations.

Regulation 43 provides that the Spectrum Manager may declare a body to be a body that is prepared to provide an emergency radiocommunications service to vessels at sea.

Regulation 44 provides that the Spectrum Manager may authorise participation of an ambulatory station in an emergency radiocommunications service established or maintained in accordance with a specified agreement and for that ambulatory station to be used as if it were one of certain specified stations.

Regulation 45 specifies the requirements in relation to the service of notices, including copies, on persons.

Regulation 46 provides for the repeal of former Radiocommunications (Licensing and General) Regulations.