Radiocommunications Amendment Act 2010 (Cth)

Radiocommunications Amendment Act 2010

No. 146, 2010

An Act to amend the Radiocommunications Act 1992, and for related purposes

Contents

Radiocommunications Amendment Act 2010

No. 146, 2010

An Act to amend the Radiocommunications Act 1992, and for related purposes

[Assented to 16 December 2010]

The Parliament of Australia enacts:

1Short title

This Act may be cited as the Radiocommunications Amendment Act 2010.

2Commencement

This Act commences on the day after this Act receives the Royal Assent.

3Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1Amendments

Radiocommunications Act 1992

1

Paragraph 78(a)

Repeal the paragraph, substitute:

1. (a)

   states where information may be obtained about:

   1. (i)

      the spectrum licences that will expire during a period specified in the notice; and

   2. (ii)

      the parts of the spectrum to which they relate; and

2

Subsection 79(1)

Omit “during the period of 2 years”.

3

Subsection 82(3)

Omit “licenses”, substitute “licences”.

4

Subsection 82(4)

Repeal the subsection, substitute:

1. (4)

   A determination is a legislative instrument, but section 42 (disallowance) of the Legislative Instruments Act 2003 does not apply to the determination.

5

After subsection 136(1)

Insert:

1. (1A)

   In addition to subsection (1), if the variation of a class licence would affect the spectrum allocated, to be allocated or to be re‑allocated by issuing or re‑issuing spectrum licences, before varying the class licence:

   1. (a)

      the ACMA must be satisfied that:

      1. (i)

         the variation of the class licence would not result in unacceptable levels of interference to the operation of radiocommunications devices operated, or likely to be operated, under spectrum licences; and

      2. (ii)

         the variation of the class licence would be in the public interest; and

   2. (b)

      the ACMA must consult all licensees of spectrum licences who may be affected by the proposed variation of the class licence.

6

Subsection 136(5)

After “subsection (1)”, insert “, (1A)”.

7

Section 138

Repeal the section, substitute:

138Parts of the spectrum allocated for spectrum licences

1. (1)

   The ACMA must not issue a class licence that authorises the operation of radiocommunications devices at frequencies that are within a part of the spectrum that is:

   1. (a)

      designated under section 36 to be allocated by issuing spectrum licences; or

   2. (b)

      specified in a spectrum re‑allocation declaration that gives effect to paragraph 153B(6)(a);

unless subsection (2) is satisfied.

1. (2)

   Before issuing a class licence:

   1. (a)

      the ACMA must be satisfied that:

      1. (i)

         issuing the class licence would not result in unacceptable levels of interference to the operation of radiocommunications devices operated, or likely to be operated, under spectrum licences; and

      2. (ii)

         issuing the class licence would be in the public interest; and

   2. (b)

      the ACMA must consult all licensees of spectrum licences who may be affected by the proposed class licence.

8

Paragraph 294(1)(a)

Omit “licenses”, substitute “licences”.

9

At the end of subsection 294(3)

Add:

1. ; or (d)

   a spectrum access charge reflect the amount that the Minister considers to be the value of the spectrum.

10

Subsection 294(5)

Repeal the subsection, substitute:

1. (5)

   A direction made under subsection (2) is not a legislative instrument.

11

Application

(1) The amendment made by item 1 applies to a notice published in the Gazette on or after the day this item commences.

(2) The amendment made by item 4 applies to a determination made by the Minister on or after the day this item commences.

(3) The amendment made by item 7 applies:

1. (a)

   in respect of spectrum for which a spectrum licence is not in force on the day this item commences—to the issue of a class licence on or after the day this item commences; and

2. (b)

   in respect of spectrum for which a spectrum licence is in force on the day this item commences—to the issue of a class licence:

   1. (i)

      after the day the spectrum licence expires; or

   2. (ii)

      on or after the day the spectrum licence is re‑issued.

(4) The amendment made by item 9 applies in relation to a direction made on or after the day this item commences.

(5) The amendment made by item 10 applies to a direction made on or after the day this item commences.

[Minister’s second reading speech made in—

House of Representatives on 30 September 2010

Senate on 15 November 2010]

(177/10)