Radiocommunications (Issuing of Certificates and Charging of Fees) Rules 2021 (Cth)

Radiocommunications (Issuing of Certificates and Charging of Fees) Rules 2021

I, Paul Fletcher, Minister for Communications, Urban Infrastructure, Cities and the Arts make the following rules under section 313B of the Radiocommunications Act 1992.

Dated: 1 June 2021

Paul Fletcher

Minister for Communications, Urban Infrastructure, Cities and the Arts

Contents

7

Power to charge fees. 5

Part 1—Preliminary

1Name

These are the Radiocommunications (Issuing of Certificates and Charging of Fees) Rules 2021.

2Commencement

This instrument commences on the later of the following:

1. (a)

   the commencement of Schedule 5 to the Radiocommunications Legislation Amendment (Reform and Modernisation) Act 2020;

2. (b)

   the dayafter the Radiocommunications Accreditation (General) Rules 2021 is registered on the Federal Register of Legislation; and

3. (c)

   the day after this instrument is registered on the Federal Register of Legislation.

   Note: The Radiocommunications Legislation Amendment (Reform and Modernisation) Act 2020 is available from the Federal Register of Legislation. The Federal Register of Legislation may be accessed free of charge at This instrument is made under section 313B of the Radiocommunications Act 1992.

   4Definitions

   In this instrument:

   accredited person means a person who holds either:

   1. (a)

      a General Licensing Accreditation; or

   2. (b)

      a Specific Licensing Accreditation.

   Act means the Radiocommunications Act 1992.

   frequency assignment certificate:

   1. (a)

      in relation to a spectrum licence – means a certificate issued:

      1. (i)

         under procedures determined under subsection 60(1) of the Act; and

      2. (ii)

         for the purpose set out in subsection 60(7A) of the Act;

   2. (b)

      in relation to an apparatus licence – means a certificate mentioned in subsection 100(4A) of the Act.

   General Licensing Accreditation means the kind of accreditation specified in paragraph 7(1)(a) of the Radiocommunications Accreditation (General) Rules 2021.

   interference impact certificate means a certificate mentioned in subsection 145(3) of the Act.

   Specific Licensing Accreditation means the kind of accreditation specified in paragraph 7(1)(b) of the Radiocommunications Accreditation (General) Rules 2021.

   specified type of licence means the single type of transmitter or receiver licences specified in the instrument of accreditation given to a person, in accordance with subsection 7(2) of the Radiocommunications Accreditation (General) Rules 2021.

   Note: A number of other expressions used in this instrument are defined in the Act, including the following:

   (a) certificate;

   (b) interference;

   (c) radiocommunication;

   (d) radiocommunications device;

   (e) radiocommunications transmitter;

   (f) spectrum.

   5References to other instruments

   In this instrument, unless the contrary intention appears:

   1. (a)

      a reference to any other legislative instrument is a reference to that other legislative instrument as in force from time to time; and

   2. (b)

      a reference to any other kind of instrument or writing is a reference to that other instrument or writing as in force or existing from time to time.

   Note 1: For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.

   Note 2: All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.

   Note 3: See section 314A of the Act.

   Part 2Powers of Accredited Persons6

   Power to issue certificates

   1. (1)

      A person who holds a General Licensing Accreditation may issue any of the following:

      1. (a)

         a frequency assignment certificate mentioned in subsection 60(7A) of the Act;

      2. (b)

         a frequency assignment certificate mentioned in subsection 100(4A) of the Act;

      3. (c)

         an interference impact certificate mentioned in subsection 145(3) of the Act.

   2. (2)

      A person who holds a Specific Licensing Accreditation may issue a frequency assignment certificate mentioned in subsection 100(4A) of the Act for a specified type of licence to which the Specified Licensing Accreditation relates.

   3. (3)

      Subsection (2) does not limit subsection (1).

   7

   Power to charge fees

   1. (1)

      A person who holds a General Licensing Accreditation may charge a fee for any of the following:

   (a)

   issuing a frequency assignment certificate mentioned in subsection 100(4A) of the Act;

   1. (b)

      issuing an interference impact certificate mentioned in subsection 145(3) of the Act.

   (2)

   A person who holds a Specific Licensing Accreditation may charge a fee for issuing a frequency assignment certificate mentioned in subsection 100(4A) of the Act for a specified type of licence to which the Specified Licensing Accreditation relates.

   Note: Any fee charged under section 7 must not be such as to amount to taxation.