Radiocommunications Act 1983 (Cth)
PART I—PRELIMINARY
Section
1. Short title
2. Commencement
3. Interpretation
4. Crown to be bound
5. Additional operation of Act in relation to radar, radio astronomy, &c.
6. Application of Act
7. International agreements, &c.
8. Further provision with respect to certain persons
PART II—STANDARDS
9. Standards
10. Test permits
11. Offences relating to sub-standard devices
12. Compliance statements and compliance statement certificates
13. Suspension of compliance statement certificates
14. Cancellation of compliance statement certificates
15. Offences relating to compliance statements, &c.
PART III—ADVISORY GUIDELINES
16. Advisory guidelines
TABLE OF PROVISIONS—continued
PART IV—RADIO FREQUENCY PLANNING
Section
17. Interpretation
18. Spectrum plan
19. Frequency band plans
20. Publication and tabling of plans
PART V—FREQUENCY RESERVATION CERTIFICATES
21. Frequency reservation certificates
PART VI—TRANSMITTER LICENCES AND TEMPORARY PERMITS
22. Interpretation
23. Radiocommunications transmitter not to be operated, &c., without transmitter licence or temporary permit
24. Transmitter licence
25. Conditions to which transmitter licence is subject
26. Authorities under transmitter licences
27. Contravening conditions of transmitter licences
28. Suspension of transmitter licences
29. Cancellation of transmitter licences
30. Notice to holder of authority under sub-section 26 (1)
31. Certificates of proficiency
32. Re-examination of qualified operators
33. Cancellation of certificates of proficiency
34. Certain persons deemed to be qualified operators
35. Temporary permits for non-resident aliens, &c.
PART VII—RECEIVER LICENCES
36. Interpretation
37. Receiver not to be operated, &c., without receiver licence
38. Receiver licence
PART VIII—RESTRICTED USE ZONES
39. Interpretation
40. Declaration of radiocommunications emergency
41. Orders
42. Guidelines for making orders
43. Offence of contravening an order
44. Orders to prevail over inconsistent laws
PART IX—SETTLEMENT OF INTERFERENCE DISPUTES
45. Interpretation
46. Reference of matters to conciliator
47. Functions of conciliator
48. Compulsory conferences
49. Conciliators
50. Remuneration and allowances
51. Offences relating to administration of Part
52. Operation of State and Territory laws
53. Report by Minister
TABLE OF PROVISIONS—continued
PART X—PUBLIC INQUIRIES
Section
54. Interpretation
55. Inquiries by Commissioner
56. Remuneration and allowances
57. Notice of inquiries
58. Procedure at inquiries, &c.
59. Power to administer oath or affirmation
60. Protection of Commissioner and witnesses
61. Contempt
62. Allowances to witnesses
63. Witness not to be prejudiced
64. Report by Minister
PART XI—MISCELLANEOUS
65. Offences
66. Delegation
67. Register of test permits, frequency reservation certificates, licences and temporary permits
68. Identity cards
69. Powers of arrest
70. Search warrants
71. Search warrants may be granted by telephone
72. Searches in emergencies
73. Goods seized under this Act
74. General powers of inspectors
75. Act not to affect performance of duties by inspectors
76. Personation of inspectors
77. Officers and employees of governments and authorities
78. Programs, &c., relating to radiocommunications and other matters
79. Surrender of permits, certificates and licences
80. Forfeiture
81. False statements
82. Prosecution of offences
83. Penalties for corporations
84. Evidentiary certificates
85. Conduct by servants or agents of body corporate
86. Review of decisions
87. Statements to accompany notification of decisions
88. Service of notices
89. Operation of this Act in relation to Broadcasting and Television Act
90. No compensation from Commonwealth
91. Act not to affect performance of State, Northern Territory or Norfolk Island functions
92. Legislation of the Australian Antarctic Territory
93. Regulations
[
BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
“advisory guideline” means an advisory guideline made under sub-section 16 (1);
“agreement” includes a treaty or convention;
“aircraft” means a machine or apparatus that can derive support in the atmosphere from the reactions of the air or from buoyancy, but does not include an air-cushion vehicle;
“Australia” includes all the Territories;
“Australian aircraft” means an aircraft that is in Australian control or is registered in accordance with the Air Navigation Regulations as an Australian aircraft;
“Australian satellite” means a space satellite that is declared by the regulations to be an Australian satellite for the purposes of this Act;
“Australian vessel” means a vessel that is in Australian control or—
(a) not being an air-cushion vehicle—is an Australian boat within the meaning of the
Fisheries Act 1952; or(b) being an air-cushion vehicle—would be an Australian boat within the meaning of that Act if it were a boat within the meaning of that Act;
“authority of a State” means—
(a) a corporation established for a public purpose by or under a law of a State; or
(b) any other corporation in which a State, or a corporation referred to in paragraph (a), has a controlling interest;
“authority of the Commonwealth” means—
(a) a corporation established for a public purpose by or under a law of the Commonwealth or of a Territory; or
(b) any other corporation in which the Commonwealth, the Administration of a Territory or a corporation referred to in paragraph (a), has a controlling interest;
“broadcasting station” means so much of a broadcasting station (including a broadcasting translator station) within the meaning of the
Broadcasting and Television Act 1942 or theAustralian Broadcasting Corporation Act 1983 that consists of a transmitter that is operating for the purpose of the transmission of radio programs to the general public as authorized by or under either of those Acts;“certificate of proficiency” means a certificate of proficiency issued under section 31;
“Commissioner” means a Commissioner appointed under sub-section 55 (5);
“Commonwealth officer” means—
(a) a Minister; or
(b) a person who, whether on a full-time or a part-time basis, and whether in a permanent capacity or otherwise—
(i) is in the service or employment of the Commonwealth, the Administration of a Territory or an authority of the Commonwealth; or
(ii) holds or performs the duties of any office or position established by or under a law of the Commonwealth or a Territory,
and, without limiting the generality of paragraph (b), includes—
(c) a member of the Defence Force; and
(d) a member of the Australian Federal Police or of the police force of a Territory;
“compliance statement” means a statement authorized by a compliance statement certificate;
“compliance statement certificate” means a certificate issued under sub-section 12 (1);
“conciliator” means a person appointed as a conciliator under section 49;
“device” means—
(a) radiosensitive equipment;
(b) a radiocommunications transmitter;
(c) a transmitter other than a radiocommunications transmitter; or
(d) a receiver,
but does not include a broadcasting station or a television station;
“environment” means the physical environment;
“financial corporation” means a financial corporation to which paragraph 51 (xx) of the Constitution is applicable, and includes a corporation formed within the limits of Australia that carries on as its sole or principal business the business of banking or insurance to which paragraph 51 (xiii) or (xiv) of the Constitution, as the case may be, is applicable;
“foreign aircraft” means an aircraft other than an Australian aircraft;
“foreign corporation” means a foreign corporation to which paragraph 51 (xx) of the Constitution is applicable;
“foreign satellite” means a space satellite other than an Australian satellite;
“foreign vessel” means a vessel other than an Australian vessel;
“frequency band plan” means a plan prepared under section 19;
“frequency reservation certificate” means a certificate granted under section 21;
“have in possession” includes having under control in any place whatever, whether for the use or benefit of the person of whom the term is used or of another person, and although another person has the actual possession or custody of the thing in question;
“importation” means importation into Australia;
“in Australian control” means in the control or possession of one or more of any of the following:
(a) the Commonwealth (including an arm of the Defence Force) or a State or Territory;
(b) an authority of the Commonwealth;
(c) a corporation established for a purpose of a State or Territory by or under a law in force in that State or Territory;
(d) any other corporation in which a State or Territory, or a corporation referred to in paragraph (c), has a controlling interest;
“licence” means a receiver licence or a transmitter licence;
“Magistrate” includes a Justice of the Peace;
“manufactured” means manufactured in Australia;
“medical practitioner” means a person registered or licensed as a medical practitioner under a law of a State or Territory that provides for the registration or licensing of medical practitioners;
“officer” means a Commonwealth officer or a State officer;
“operate”—
(a) in relation to a radiocommunications receiver, means operate for the purpose of radiocommunication otherwise than solely for the purpose of radio transmission;
(b) in relation to a radiocommunications transmitter, means operate for the purpose of radiocommunication otherwise than solely for the purpose of the reception of radio transmission; and
(c) in relation to a prescribed transmitter, means operate for the purpose of prescribed radio transmission;
“physical quantity” means a physical quantity specified in regulations in force for the purposes of section 7 of the
Weights and Measures (National Standards )Act 1960; “prescribed radio transmission” means radio transmission for purposes in connection with the making of a measurement of a physical quantity by means of the propagation or other qualities of radio transmission;
“prescribed transmitter” means a transmitter designed or intended for prescribed radio transmission;
“qualified operator” means a person who holds a certificate of proficiency;
“radiocommunication” means—
(a) radio transmission; or
(b) reception of radio transmission,
for the purposes of the communication of information between persons and persons, persons and things or things and things;
“radiocommunications transmitter” means a transmitter designed or intended for use for the purpose of radiocommunication, and includes any thing (other than a line within the meaning of the
Telecommunications Act 1975 )designed or intended to be ancillary to, or associated with, such a transmitter for the purposes of that use;“radiosensitive equipment” means any thing (other than a receiver or transmitter) any use or function of which is capable of being interfered with by radio transmission;
“radio transmission” means—
(a) any transmission or emission of electromagnetic energy of frequencies less than 3 terahertz; or
(b) any highly coherent transmission or emission of electromagnetic energy of frequencies not less than 3 terahertz and not exceeding 1,000 terahertz,
without continuous artificial guide;
“receiver” means any thing designed or intended for use for the purposes of radiocommunication by means of the reception of radio transmission, and includes any thing (other than a line within the meaning of the
Telecommunications Act 1975 )designed or intended to be ancillary to, or associated with, such a thing for the purposes of that use;“receiver licence” means a licence granted under section 38;
“reception”, in relation to radio transmission, includes interception;
“standard” means a standard made under sub-section 9 (1);
“State officer” means a person who, whether on a full-time basis or a part-time basis, and whether in a permanent capacity or otherwise—
(a) is in the service or employment of a State or an authority of a State; or
(b) holds or performs the duties of any office or position established by or under a law of a State,
and, without limiting the generality of the foregoing, includes a member of the police force of a State;
“supply” includes supply (including re-supply) by way of sale, exchange, lease, hire, or hire-purchase;
“television station” means so much of a television station (including a television repeater station and a television translator station) within the meaning of the
Broadcasting and Television Act 1942 or theAustralian Broadcasting Corporation Act 1983 that consists of a transmitter that is operating for the purpose of the transmission of television programs to the general public as authorized by or under either of those Acts;“temporary permit” means a permit granted under section 35;
“test permit” means a permit granted under section 10;
“this Act” includes the regulations;
“trading corporation” means a trading corporation to which paragraph 51 (xx) of the Constitution is applicable;
“transmitter” means—
(a) any thing designed or intended for radio transmission; or
(b) any other thing, irrespective of its use or function or the purpose of its design, that is capable of radio transmission;
“transmitter licence” means a licence granted under section 24;
“vessel” means a vessel or boat of any description, and includes—
(a) an air-cushion vehicle; and
(b) any floating structure.
(a) the making of an order under section 19b of the
Crimes Act 1914 in relation to the offence; or(b) the payment, in pursuance of regulations made by virtue of paragraph 93 (2) (d) of this Act, of a penalty in relation to the offence.
(a) section 6, 7 or 7a of the
Crimes Act 1914; or(b) sub-section 86 (1) of that Act by virtue of paragraph (a) of that sub-section,
that relates to this Act or that provision, as the case requires.
(a) an officer appointed by the Minister, by instrument in writing, to be an inspector for the purposes of the provision;
(b) an officer included in a class of officers appointed by the Minister, by instrument in writing published in the
Gazette, to be inspectors for the purposes of the provision; or(c) a member (other than a special member) of the Australian Federal Police or of the police force of a Territory.
(a) being a device that has not been altered or modified in a material respect after its manufacture or, where it has been imported, after its importation—it does not comply with a standard that was applicable to it when it was so manufactured or imported, as the case may be; or
(b) being a device that has been so altered or modified—it does not comply with a standard that was applicable to it when it was so altered or modified.
any or all of the prescribed provisions to radiocommunications were a reference to prescribed radio transmissions—
(a) made in the course of, or in relation to—
(i) trade and commerce between Australia and places outside Australia;
(ii) trade and commerce among the States;
(iii) trade and commerce within a Territory, between a State and Territory or between 2 Territories;
(iv) any relevant activity of a trading corporation or of a financial corporation;
(v) the operation of lighthouses, lightships, beacons or buoys; or
(vi) the making of astronomical or meteorological observations;
(b) made by or on behalf of the Commonwealth, an authority or instrumentality of the Commonwealth, a foreign corporation or a corporation incorporated in a Territory; or
(c) made in a Territory, or subject to section 6, a place outside Australia.
(a) used in the course of, or in relation to—
(i) trade and commerce between Australia and places outside Australia;
(ii) trade and commerce among the States;
(iii) trade and commerce within a Territory, between a State and a Territory or between 2 Territories;
(iv) any relevant activity of a trading corporation or of a financial corporation;
(v) the operation of lighthouses, lightships, beacons or buoys; or
(vi) the making of astronomical or meteorological observations;
(b) used by or on behalf of the Commonwealth, an authority or instrumentality of the Commonwealth, a foreign corporation or a corporation incorporated in a Territory; or
(c) in a Territory or, subject to section 6, a place outside Australia.
in any or all of the following provisions, namely, sections 22 to 25 (inclusive) and 35, sub-sections 41 (1) and 65 (10) and (14) and paragraph 93 (2) (g) to a radiocommunications transmitter were a reference to a prescribed transmitter used by a trading corporation or a financial corporation.
“prescribed provisions” means sub-section 3 (16), paragraphs 9 (5) (e) and 9 (6) (c), sub-section 9 (13), section 17, paragraph 24 (2) (d), sub-paragraph 25 (1) (b) (i), sub-sections 25 (9), 38 (2) and 41 (2), paragraph 46 (1) (a), sub-section 55 (1), paragraphs 55 (2) (a) and (3) (c), sub-sections 65 (1), (4), (6), (9) and (11) and paragraph 93 (2) (a);
“relevant activity” means—
(a) in relation to a trading corporation—
(i) any trading activity of the corporation; or
(ii) any other activity of the corporation carried on for the purposes of its trading activities; and
(b) in relation to a financial corporation—
(i) any financial activity of the corporation; or
(ii) any other activity of the corporation carried on for the purposes of its financial activities.
(a) Australian citizens ordinarily resident in Australia, in respect of radio transmissions intended to be received in Australia, other than—
(i) radio transmissions made by a
bona fide member of the crew of a foreign vessel or foreign aircraft in the course of his duties as such a member; or(ii) radio transmissions made from a foreign country by a person in the performance of a duty imposed by the law of that country; or
(b) members of the crew of Australian aircraft and Australian vessels;
(c) Australian aircraft, Australian satellites and Australian vessels; and
(d) an act, matter or thing to which this Act, in its application by virtue of sub-section (6), extends.
(a) from a point outside Australia to a port or airport in Australia;
(b) from a port or airport in Australia to a point outside Australia; or
(c) from a point outside Australia to another point outside Australia.
Territory for a reason touching, concerning, arising out of or connected with the exploration of, or the exploitation of the resources of, the continental shelf of Australia or of an external Territory.
(a) any agreement between Australia and another country or countries, being an agreement that makes provision for or in relation to radio transmission; and
(b) any prescribed instrument or writing,
but nothing in this sub-section limits the generality of the matters to which he may have regard in exercising those powers.
(a) jointly operated by the Commonwealth and a foreign country; and
(b) a special defence undertaking for the purposes of the
Defence (Special Undertakings )Act 1952.
(a) that is part of the Defence Force or part of the Department of Defence; and
(b) the purpose of which relates to—
(i) research for purposes in connection with defence; or
(ii) intelligence.
(a) the Australian Secret Intelligence Service; or
(b) the Australian Security Intelligence Organization.
(a) the exemption of acts or things done, or omitted to be done, by members of a prescribed class of persons from any or all of the prescribed provisions of this Act; and
(b) the modification of any or all of the prescribed provisions of this Act, so far as they relate to acts or things done, or omitted to be done, by those members.
“prescribed class of persons” means persons included in a class of persons specified in the regulations, being persons performing a function or duty in or in relation to—
(a) the defence, security or international relations of Australia or of a foreign country whose naval, military or air force is acting in co-operation with the Defence Force of Australia;
(b) the Australian Federal Police or the police force of a State or Territory; or
(c) a fire-fighting, civil defence or rescue organization, an ambulance service, the Royal Flying Doctor Service or any other organization the sole or principal purpose of which involves securing the safety of persons during an emergency;
“prescribed provisions of this Act” means sections 11, 23, 37 and 65.
(a) set out the standard that he proposes to make;
(b) invite interested persons to make representations in connection with the proposed standard by such date, not being less than 1 month after the date of publication of the notice, as is specified in the notice; and
(c) specify an address or addresses to which representations in connection with the proposed standard may be forwarded.
(a) the performance, design, finish and construction of radiocommunications transmitters; and
(b) markings, warnings, instructions or other statements to be impressed on, worked into, or annexed or affixed to, or to accompany, radiocommunications transmitters,
as are necessary or convenient to be made for or in relation to—
(c) the operation of those radiocommunications transmitters;
(d) the prevention or reduction of prescribed interference, or risk of prescribed interference, to any other uses or functions of those radiocommunications transmitters; and
(e) the prevention or reduction of interference, or risk of interference, to radiocommunications,
but nothing in paragraph (d) or (e) shall be taken, by implication, to limit the generality of standards that may be made by virtue of paragraph (c).
(a) the performance, design, finish and construction of those transmitters; and
(b) markings, warnings, instructions or other statements to be impressed on, worked into, or annexed or affixed to, or to accompany, those transmitters,
as are necessary or convenient to be made for or in relation to—
(c) the prevention or reduction of interference, or risk of interference, to radiocommunications; and
(d) the prevention or reduction of prescribed interference, or risk of prescribed interference, to any uses or functions of those transmitters.
(a) the performance, design, finish and construction of those receivers; and
(b) markings, warnings, instructions or other statements to be impressed on, worked into, or annexed or affixed to, or to accompany, those receivers,
as are necessary or convenient to be made for or in relation to—
(c) the operation of those receivers; and
(d) the prevention or reduction of prescribed interference, or risk of interference, to any other uses or functions of those receivers,
but nothing in paragraph (d) shall be taken, by implication, to limit the generality of standards that may be made by virtue of paragraph (c).
(a) the performance, design, finish and construction of that radiosensitive equipment; and
(b) markings, warnings, instructions or other statements to be impressed on, worked into, or annexed or affixed to, or to accompany, that radiosensitive equipment,
as are necessary or convenient to be made for or in relation to the prevention or reduction of prescribed interference, or risk of prescribed interference, to any uses or functions of that equipment.
(a) to have in his or their possession specified sub-standard transmitters or sub-standard transmitters included in specified classes of sub-standard transmitters; and
(b) if, and only if, the permit so specifies—to cause such transmitters to make radio transmissions.
(a) education or research;
(b) the testing of transmitters; or
(c) the demonstration of transmitters likely to be used in connection with the defence of Australia.
(a) unless paragraph (b) applies—a day within the period of 12 months commencing on the day on which the permit is granted or, in the case of a permit that is granted during the month of December in any year, a day not later than 31 December in the next succeeding year; or
(b) if a period longer than 12 months is prescribed in relation to all test permits or in relation to a class of test permits in which that permit is included—a day within that longer period.
(a) a condition that a person to whom the permit relates shall comply with the provisions of this Act;
(b) such conditions (if any) as are prescribed;
(c) such other conditions (if any) as are specified in the permit.
(a) impose one or more further conditions to which the permit is subject; or
(b) vary or revoke any condition—
(i) imposed under paragraph (a); or
(ii) specified by him under paragraph (6) (c).
(a) any matter to which he may have regard in exercising his powers under sub-section (1);
(b) whether or not the holder or an agent of the holder has been convicted of an offence against sub-section (8) or section 81.
(a) except in accordance with a test permit, causes a sub-standard transmitter to make a radio transmission;
(b) supplies a sub-standard device; or
(c) except in accordance with a test permit, has in his possession a sub-standard transmitter,
is guilty of an offence punishable upon conviction by a fine not exceeding $10,000 or imprisonment for a period not exceeding 5 years, or both.
(a) for the purposes of paragraphs (1) (a) and (c)—if the person caused the transmitter to make a radio transmission, or had the transmitter in his possession, in the honest belief that that transmission or possession was reasonably necessary for the purposes of—
(i) securing the safety of a vessel or aircraft that was in danger;
(ii) dealing with an emergency involving a serious threat to the environment; or
(iii) dealing with an emergency involving risk of death of, or injury to, persons or risk of substantial loss of, or substantial damage to, property;
(b) for the purposes of paragraph (1) (b)—
(i) if the person suppplied the device in accordance with the written permission of the Minister;
(ii) if the person supplied the device for the purposes of modifying or altering it so that it would comply with all standards applicable to it at the time of the alteration or modification; or
(iii) if the device was imported and the person supplied it for the purposes of re-export;
(c) for the purposes of paragraph (1) (c)—if the person had the transmitter in his possession for purposes that did not include the purpose of supply or the purpose of causing the transmitter to make a radio transmission; and
(d) for the purposes of paragraphs (1) (a), (b) and (c)—if the person neither knew, nor could reasonably be expected to have known, that the device was a device, or was sub-standard.
(a) a statement that the device is for export only; or
(b) a statement indicating, by the use of words authorized for the purposes of this sub-section by the regulations, that the device is intended to be used outside Australia,
it shall be presumed for the purposes of sub-section (3), unless the contrary is established, that the device is intended to be so used.
(a) the statement is impressed on, worked into, or annexed or affixed to, the device; or
(b) the statement is applied to a covering (including a box, case, frame or wrapper), label or thing in or with which the device is supplied.
(a) to submit the device, or a device included in the class of devices, as the case may be, to the Minister at a place and time specified in the notice, for the purpose of examination; or
(b) to permit the Minister to examine the device or a device included in the class of devices, as the case may be.
(a) the Minister is not satisfied that a device the subject of an application under sub-section (1) complies with a standard applicable to it; or
(b) an applicant under sub-section (1) refuses or fails, without reasonable excuse, to comply with a request served on him in pursuance of sub-section (2),
the Minister shall refuse to issue a compliance statement certificate.
cannot be made without causing damage to, or destruction of, the device, the Minister shall not proceed with the examination unless—
(a) the Minister has caused to be served on the applicant a notice in writing—
(i) stating that the Minister is so satisfied; and
(ii) requesting that the applicant inform the Minister by notice in writing by such date as is specified in the notice, being a date not earlier than 14 days after the service on the applicant of the notice, whether or not the applicant wishes to proceed with the application; and
(b) the applicant has so informed the Minister that he wishes to proceed with the application.
(a) in accordance with that request, informs the Minister that he does not wish to proceed with the application; or
(b) refuses or fails to comply with the request,
the application shall be deemed to have been withdrawn and the device concerned, if submitted under paragraph (2) (a), shall be returned to the applicant within a reasonable time.
(a) if proceedings for an offence against section 15 or 81 are instituted within 28 days after the suspension—
(i) if the defendant is convicted of that offence—on the expiration of 14 days after the date of the conviction; or
(ii) in any other case—on the completion of the proceedings; or
(b) in any other case—on the expiration of 28 days after the suspension.
Penalty: $1,000.
(a) with respect to any matter in respect of which standards may be made under section 9;
(b) with respect to the use, construction, design or performance of any thing; and
(c) with respect to the construction or design of buildings and other structures.
(a) set out the guideline that he proposes to make;
(b) invite interested persons to make representations in connection with the proposed guideline by such date, not being less than 1 month after the date of publication of the notice, as is specified in the notice; and
(c) specify an address or addresses to which representations in connection with the proposed guideline may be forwarded.
“frequency band” means a band referred to in a spectrum plan;
“spectrum” means the range of frequencies on which radiocommunications are capable of being made;
“spectrum plan” means a spectrum plan prepared under section 18;
“use” includes—
(a) reservation for future use; and
(b) reservation for the prevention or control of interference to radiocommunications.
(a) divide the spectrum into such number of frequency bands as the Minister thinks appropriate and assign a name or other designation to each band;
(b) designate a band or bands as a band or bands to be used primarily for the general purposes of defence; and
(c) specify the general purpose or purposes for which each other band may be used.
purposes for which any part of the band (including any particular frequency or frequency channel) may be used.
(a) with respect to a specified area; and
(b) with respect to a specified period.
(a) set out the plan that he proposes to prepare;
(b) invite interested persons to make representations in connection with the proposed plan by such date, not being less than 1 month after the date of publication of the notice, as is specified in the notice; and
(c) specify an address or addresses to which representations in connection with the proposed plan may be forwarded.
(a) the frequency is available for reservation; and
(b) the application for the certificate is made in good faith.
(a) unless paragraph (b) applies—a day within the period of 12 months commencing on the day on which the certificate is granted or, in the case of a certificate that is granted during the month of December in any year, a day not later than 31 December in the next succeeding year; or
(b) if a period longer than 12 months is prescribed in relation to all frequency reservation certificates or in relation to a class of frequency reservation certificates in which that certificate is included—a day within that longer period.
(a) a frequency band plan or a spectrum plan; or
(b) regulations made by virtue of section 22.
(a) with respect to a specified area; and
(b) with respect to a specified period.
“radiocommunications transmitter” does not include a transmitter included in a prescribed class of transmitters;
“operate”, in relation to a radiocommunications transmitter, does not include operate for the purpose of the transmission to the general public of radio programs or television programs.
(a) securing the safety of a vessel or aircraft that was in danger;
(b) dealing with an emergency involving a serious threat to the environment; or
(c) dealing with an emergency involving risk of death of, or injury to, persons, or risk of substantial loss of, or substantial damage to, property.
Penalty: $2,000 or imprisonment for 12 months.
(a) whether or not—
(i) the applicant; or
(ii) each person specified by the applicant as a person to whom the applicant, if successful in his application, proposes to give an authority under sub-section 26 (1),
is a qualified operator in relation to any licence that the Minister may grant as a result of the application;
(b) the extent (if any) to which the purpose of the operation of the transmitters specified by the applicant is a purpose that could reasonably, in all the circumstances, be effected by a means other than the proposed operation of the transmitters;
(c) whether or not the Minister is satisfied that the proposed operation of the transmitters is in accordance with the appropriate frequency band plan;
(d) the effect on radiocommunications of the proposed operation of the transmitters;
(e) whether or not the Minister is satisfied that the proposed operation of the transmitters is not reasonably likely to cause death of, or injury to, persons, or loss of, or damage to, property.
(a) unless paragraph (b) applies—a day within the period of 12 months commencing on the day on which the licence is granted or, in the case of a licence that is granted during the month of December in any year, a day not later than 31 December in the next succeeding year; or
(b) if a period longer than 12 months is prescribed in relation to all transmitter licences or in relation to a class of transmitter licences in which that licence is included—a day within that longer period.
(a) a condition that the holder of the licence shall not operate, or permit the operation of, the transmitter except for a purpose specified in the licence, being a purpose not inconsistent with a purpose of a kind specified in the appropriate frequency band plan under sub-section 19 (2);
(b) a condition that the holder of the licence shall not operate, or permit the operation of, the transmitter except in accordance with provisions specified in the licence, being provisions relating to—
(i) the prevention or reduction of interference, or of the likelihood of interference, to radiocommunications;
(ii) the prevention or reduction of risk of death of, or injury to, persons, or risk of loss of, or damage to, property; or
(iii) the transmission of an identification signal;
(c) a condition that the holder of the licence shall not operate, or permit the operation of, the transmitter except on a frequency or frequencies or on a frequency channel, and at a constancy, specified in the licence;
(d) a condition that the holder of the licence shall not operate, or permit the operation of, the transmitter in such a manner as would be likely to cause reasonable persons, justifiably in all the circumstances, to be seriously alarmed or seriously affronted, or for the purposes of harassing a person;
(e) a condition that the holder of the licence shall not operate the transmitter unless he is a qualified operator in relation to the licence;
(f) a condition that the holder of the licence shall comply with sub-section 269a (2) of the
Navigation Act 1912; (g) a condition that the holder of the licence shall comply with any direction with respect to the operation of the transmitter given to him, in a manner not inconsistent with any relevant guidelines in force under sub-section (4), either orally or in writing, by—
(i) a member of the Australian Federal Police;
(ii) a member of the police force of a State or Territory;
(iii) an officer of the Defence Force;
(iv) an officer of the Australian Coastal Surveillance Centre; or
(v) an officer included in a prescribed class of officers, being an officer of a prescribed organization the sole or principal purpose of which is to deal with natural disasters,
that is reasonably necessary for the purposes of—
(vi) securing the safety of a vessel or aircraft that is in danger;
(vii) dealing with an emergency involving a serious threat to the environment; or
(viii) dealing with an emergency involving risk of death of, or injury to, persons or risk of substantial loss of, or substantial damage to, property;
(h) a condition that the holder of the licence shall comply with the provisions of this Act;
(j) such conditions (if any) as are prescribed;
(k) such other conditions (if any) as are specified in the licence.
(a) impose one or more further conditions to which the licence is subject;
(b) revoke or vary any condition—
(i) imposed under paragraph (a); or
(ii) specified by him under paragraph (1) (k); or
(c) vary any condition to which the licence is subject, being a condition of a kind referred to in paragraph (1) (a), (b) or (c).
(a) to be applied by him with respect to the exercise of his powers under sub-sections (1) and (3); and
(b) for the purposes of paragraph (1) (g).
Penalty: $200.
(a) if proceedings for an offence against this Act are instituted against the holder within 28 days after the suspension—
(i) if the holder is convicted of that offence—on the expiration of 14 days after the date of the conviction; or
(ii) in any other case—on the completion of the proceedings; or
(b) in any other case—on the expiration of 28 days after the suspension.
(a) any matter to which he may have regard in exercising his powers under sub-section 24 (1);
(b) whether or not a person has been convicted of an offence against section 26, 27, 30 or 81 in relation to the licence.
Penalty: $500.
(a) the Minister is satisfied that the applicant has attained the age that is the prescribed age in relation to the class of certificates in which that certificate is included;
(b) the Minister is satisfied, whether by reason of the results of a medical examination of the applicant made by an approved medical practitioner, or otherwise, that the applicant has such physical and mental capacity as the Minister considers necessary;
(c) the Minister—
(i) is satisfied that the applicant has achieved satisfactory results in approved examinations or in examinations conducted in accordance with the regulations; or
(ii) is satisfied, upon reasonable grounds, that the applicant would be likely to achieve such results; and
(d) the Minister is satisfied that the applicant has not committed such misconduct in relation to radio transmission as to render the person not a fit and proper person to be a qualified operator,
and, where the Minister is not so satisfied, he shall refuse to issue a certificate.
“approved examination” means an examination approved by the Minister, by instrument in writing, for the purposes of this section;
“approved medical practitioner” means a medical practitioner approved by the Minister, by instrument in writing, for the purposes of this section;
“prescribed age”, in relation to a class of certificates of proficiency, means the age that the Minister, by notice published in the
Gazette, declares to be the prescribed age for the purposes of this section in relation to that class.
(a) particulars of the examination to which the operator is requested to submit himself;
(b) the time and place of the examination; and
(c) the effect of paragraph 33 (2) (c).
(a) any matter to which the Minister may have regard in exercising his powers under section 31;
(b) whether or not the Minister is satisfied that the operator has failed to achieve satisfactory results in an examination or further examination referred to in section 32;
(c) whether or not the operator has refused or failed, without reasonable excuse, to comply with a request made by the Minister under section 32;
(d) whether or not—
(i) the operator has been convicted of an offence against section 81 or the regulations;
(ii) the Minister is satisfied that the operator has, in a medical examination of the kind referred to in paragraph 31 (2) (b), made a statement that was, to his knowledge, false or misleading in a material particular; or
(iii) the Minister is satisfied that the operator has contravened regulations or rules relating to the conduct or administration of an examination of the kind referred to in paragraph 31 (2) (c).
(a) has failed to achieve satisfactory results in an examination referred to in section 32; or
(b) has refused or failed, without reasonable excuse, to comply with a request made by the Minister under section 32,
the Minister may, in his discretion, by notice in writing served on the person, revoke the declaration with effect from such date as the Minister specifies in the notice, being a day later than 28 days after service of the notice, in so far as the declaration deems the person to be a qualified operator for the purposes of licences included in that class of licences.
(a) unless paragraph (b) applies—a day within the period of 12 months commencing on the day on which the permit is granted or, in the case of a permit that is granted during the month of December in any year, a day not later than 31 December in the next succeeding year; or
(b) if a period longer than 12 months is prescribed in relation to all temporary permits or in relation to a class of temporary permits in which that permit is included—a day within that longer period.
(a) a condition that the person shall comply with sub-section 269a (2) of the
Navigation Act 1912; (b) a condition that the person shall comply with the provisions of this Act;
(c) such conditions (if any) as are prescribed;
(d) such other conditions (if any) as are specified in the permit.
(a) impose one or more further conditions to which a permit is subject; or
(b) revoke or vary any condition—
(i) imposed under paragraph (a); or
(ii) specified under paragraph (4) (d).
(a) in a case where the permit authorizes prescribed persons included in a specified class of prescribed persons to operate a transmitter—on the holder of the permit; or
(b) in a case where the permit authorizes a specified prescribed person to operate a transmitter—on that person and on the holder of the permit.
unless—
(c) the other person presents to the first-mentioned person a transmitter licence, receiver licence or temporary permit, or a duplicate of a transmitter licence, receiver licence or temporary permit, that authorizes the other person to operate and possess that transmitter or receiver; and
(d) the first-mentioned person causes such particulars in relation to the supply of the transmitter or receiver as are prescribed to be recorded in a document kept for the purposes of this Act.
Penalty: $2,000.
shall retain that document for at least 2 years after the supply of the transmitter or receiver.
Penalty: $1,000.
“radiocommunications transmitter” has the same meaning as in Part VI;
“receiver” has the same meaning as in Part VII.
(a) this power of delegation; or
(b) his powers under section 9, Part III or IV, sub-section 41 (1) or (2) or 42 (1) or Part X.
(a) that the person is committing or has committed an offence against this Act; and
(b) that proceedings against the person by summons would not be effective.
(a) in the case of a member of a police force—produce, for inspection by that person, written evidence of the fact that he is a member of a police force; or
(b) in any other case—produce his identity card for inspection by that person.
(a) an inspector requests a person whom he finds committing, or whom he believes on reasonable grounds to have committed, an offence against this Act, being a person whose full name or usual place of residence are unknown to the inspector, to state his full name or usual place of residence, as the case may be; and
(b) the person—
(i) refuses or fails to comply with the request; or
(ii) whether or not in compliance, or purported compliance, with the request, states as his full name or usual place of residence a name or a place, as the case may be, that the inspector believes on reasonable grounds to be false or misleading in a material particular,
the inspector shall be taken, for the purposes of paragraph (1) (b), to have reasonable grounds for believing that proceedings against the person by summons in respect of the offence will not be effective.
(a) to enter upon the land or upon or into the premises, vessel, aircraft or vehicle;
(b) to search the land, premises, vessel, aircraft or vehicle for things of that kind; and
(c) to seize any thing of that kind found upon the land or upon or in the premises, vessel, aircraft or vehicle that he believes on reasonable grounds to be connected with that offence.
(a) the informant or some other person has given to the Magistrate, either orally or by affidavit, such further information (if any) as the Magistrate requires concerning the grounds on which the issue of the warrant is being sought; and
(b) the Magistrate is satisfied that there are reasonable grounds for issuing the warrant.
(a) a statement of the purpose for which the warrant is issued, which shall include a reference to the nature of the offence in relation to which the entry and search are authorized;
(b) whether entry is authorized to be made at any time of the day or night or during specified hours of the day or night;
(c) a description of the kind of things authorized to be seized; and
(d) a date, not being later than one month after the date of issue of the warrant, upon which the warrant ceases to have effect.
(a) a thing with respect to which the offence has been committed;
(b) a thing that will afford evidence of the commission of the offence; or
(c) a thing that was used, or is intended to be used, for the purpose of committing the offence.
(a) land or premises specified in the regulations, or land or premises included in a class of land or premises specified in the regulations, being land or premises occupied or used for the purposes of defence; or
(b) a vessel, aircraft or vehicle that is in the possession or control of the Defence Force or a part of the Defence Force,
unless—
(c) permission to do so has been given by the person for the time being in charge of those premises or that land, vessel, aircraft or vehicle; or
(d) if it is not reasonably practicable to obtain permission of the kind mentioned in paragraph (c), the entry and search is supervised by a service police officer.
(a) after having considered the terms of the information prepared in accordance with sub-section (2); and
(b) after having received such further information (if any) as he requires concerning the grounds on which the issue of the warrant is being sought,
that there are reasonable grounds for issuing the warrant, the Magistrate shall complete and sign such a search warrant as he would issue under section 70 if the application had been made to him in accordance with that section.
(a) the Magistrate shall inform the inspector of the terms of the warrant signed by him and the date on which and the time at which it was signed, and record on the warrant his reasons for granting the warrant; and
(b) the inspector shall complete a form of warrant in the terms furnished to him by the Magistrate and write on it the name of the Magistrate and the date on which and the time at which the warrant was signed.
(a) search a person, or the clothing that is being worn by, and property in the immediate control of, a person, suspected by him to be carrying any thing connected with an offence against this Act; or
(b) enter upon any land, or upon or into any premises, vessel, aircraft or vehicle, on or in which he believes on reasonable grounds that any thing connected with an offence against this Act is situated,
and may seize any such thing that he finds in the course of that search, or upon the land or in the premises, vessel, aircraft or vehicle, as the case may be if—
(c) the inspector believes on reasonable grounds that it is necessary to do so in order to prevent the concealment, loss or destruction of any thing connected with an offence against this Act; and
(d) the search or entry is made in circumstances of such seriousness and urgency as to require and justify immediate search or entry without the authority of an order of a court or of a warrant issued under this Act.
(a) stop the person;
(b) search the person, his clothing and any property in his immediate control; and
(c) seize any such thing found in the course of that search.
(a) require any person whom he suspects on reasonable grounds of having done an act in respect of which the person is required to hold a compliance statement certificate, licence, authority given under
sub-section 26 (1), test permit, temporary permit or certificate of proficiency to produce such a certificate, permit, authority or licence or evidence of the existence and contents of such a certificate, permit or licence;
(b) require the holder of a licence whom he suspects on reasonable grounds of having given an authority in accordance with sub-section 26 (1), to produce a copy of that authority kept under sub-section 26 (7); and
(c) require any person whom he suspects on reasonable grounds of having recorded particulars relating to the supply of a receiver or transmitter in a document in accordance with sub-section 65 (15) to produce that document.
(a) the operation and manufacture of devices;
(b) the planning, control and management of radio frequencies, interference with radio transmission and the reception of radio transmission;
(c) the environmental effects of radio transmission; and
(d) the improvement and development of devices and of their operation.
(a) convicts a person of an offence against this Act; or
(b) makes an order under section 19b of the
Crimes Act 1914 in relation to an offence against this Act,
the court may order the forfeiture to the Commonwealth of any article used or otherwise involved in the commission of the offence.
(a) make or authorize the making of a statement that is false or misleading in a material particular; or
(b) omit or authorize the omission of any matter or thing without which an application is misleading in a material respect.
Penalty: $1,000.
(a) his qualifications; and
(b) an examination made by him of a device.
“decision” has the same meaning as in the
Administrative Appeals Tribunal Act 1975; “reviewable decision” means a decision of the Minister, or a delegate of the Minister, under section 10, paragraph 11 (2) (b), sub-section 12 (1), (3) or (6), section 14, sub-section 21 (1) or (9), section 24 or 25, sub-section 26 (5), section 29, sub-section 31 (1) or (2), section 33, sub-section 34 (2), section 35 or 38, paragraph 65 (5) (a) or (12) (a) or sub-section (2) of this section.
material questions of fact, refer to the evidence or other material on which those findings were based and give his reasons for affirming, revoking or varying the decision, as the case may be.
(a) may, if he is dissatisfied with the decision, seek a reconsideration of the decision by the Minister in accordance with sub-section 86 (2); and
(b) may, subject to the
Administrative Appeals Tribunal Act 1975, if he is dissatisfied with a decision made by the Minister upon that reconsideration affirming or varying the first-mentioned decision, make application to the Administrative Appeals Tribunal for review of the decision so affirmed or varied.
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(a) prohibiting or regulating any act or thing likely to cause interference, or risk of interference, to radiocommunications;
(b) prohibiting or regulating the making of radio transmissions from a place within a specified area;
(c) prohibiting or regulating the making of radio transmissions in a manner likely to cause an explosion;
(d) enabling a person who is alleged to have committed an offence against sub-section 10 (8), section 15 or 23, sub-section 26 (8), section 27 or 30, sub-section 35 (8), section 37, sub-section 38 (8) or 65 (17), section 68 or the regulations to pay to the Commonwealth, as an alternative to prosecution, a penalty of an amount equal to one-fifth of the maximum fine that a court could impose as a penalty for that offence;
(e) prescribing the form of warrants for the purposes of section 70;
(f) functions and powers to be conferred, and duties to be imposed, upon inspectors;
(g) prohibiting or regulating the repair or maintenance of radiocommunications transmitters;
(h) fees to be payable in respect of—
(i) the issue and variation of compliance statement certificates;
(ii) the issue of certificates of proficiency;
(iii) examinations conducted under sections 12, 31 and 32; and
(iv) the grant of prescribed licences;
(j) the refund of fees upon surrender of a compliance statement certificate, a certificate of proficiency or a prescribed licence;
(k) the conduct and administration of examinations under sections 31 and 32, including amounts to be paid to persons conducting those examinations;
(m) the issue and return of duplicates of prescribed licences, test permits, compliance statement certificates, frequency reservation certificates, temporary permits, transmitter licences, receiver licences and certificates of proficiency;
(n) the gathering and publication, by the Minister, of information relating to radio transmission; and
(p) any matter incidental to or connected with any of the foregoing.
(a) in relation to all cases to which the power extends, or in relation to all those cases subject to specified exceptions, or in relation to any specified cases or classes of case; and
(b) so as to make, as respects the cases in relation to which it is exercised, the same provision for all those cases or different provision for different cases or classes of case.
(a) provision is made by this Act in relation to that matter or another matter; or
(b) power is expressly conferred by this Act to make provision by standards, advisory guidelines or orders or by specifying conditions to
which test permits, transmitter licences, receiver licences or temporary permits are subject, for or in relation to that matter or another matter.
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