Commonwealth Numbered Regulations - Explanatory Statements

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Statutory Rule 1992 No. 48

Radiocommunications - Australian Spectrum Plan (Amendment)

Issued by the Authority of the Minister for Transport and Communications

The Radiocommunications - Australian Spectrum Plan (the Spectrum Plan), prepared by the Parliamentary Secretary to the Minister for Transport and Communications on behalf of the Minister on 7 December 1990 under section 18 of the Radiocommunications Act 1983 (the Act), divides the radiofrequency spectrum into frequency bands, designates frequency bands for defence purposes, and specifies the general purposes for which other frequency bands may be used.

A proposed amendment to the Spectrum Plan was published by the Parliamentary Secretary on behalf of the Minister in the Commonwealth of Australia Gazette No. GN 17 on 8 May 1991. The requirement for the amendments resulted from the development of several Frequency Band Plans to be made under section 19 of the Act, which requires that Band Plans must not be inconsistent with the Spectrum Plan. The amendments to the Spectrum Plan serve to ensure this consistency. No submissions were received in connection with the proposed amendments in response to the invitation for public comment in GN 17.

Two sections of the Spectrum Plan are amended by this Statutory Rule:

Clause 7 - Primary, Permitted, and Secondary Services. A new subclause 7 (7) is inserted to provide that if a frequency band is allocated to a service as a primary service in the Spectrum Plan, nothing in the Spectrum Plan prevents the same type of service being allocated the same band as a secondary service in a frequency band plan. The inclusion of this subclause was considered necessary to avoid any confusion which may arise in interpreting Clause 7 of the Spectrum Plan, in regard to allocations which have been made in Band Plans.

Part 5 - Table of Frequency Allocations. The making of the 900 MHz Band Plan resulted in some frequency allocations which were not consistent with the Spectrum Plan. All references to "902" have been substituted with "915". This amendment serves to restore the required consistency.

The amendment to the Spectrum Plan was signed by the Parliamentary Secretary on behalf of the Minister on 19 February 1992 and has effect from the date of notification of the making of the Spectrum Plan amendment in the Commonwealth Gazette.

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