Radiocommunications (Limitation of Authorisation of Third Party Users) Determination 2000 (Cth)

Radiocommunications (Limitation of Authorisation of Third Party Users) Determination 2000

as amended

made under subsection 115 (1) of the

Radiocommunications Act 1992

This compilation was prepared on 5 April 2011
taking into account amendments up to Radiocommunications (Limitation of Authorisation of Third Party Users) Amendment Determination 2011 (No. 1)

Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department, Canberra

Contents

1Name of Determination [see Note 1]   3

2Commencement [see Note 1]   3

3Revocation   3

4Definitions   3

5Circumstances in which persons must not be authorised to operate radiocommunications devices (Act s 115)   4

Notes 5

1. Name of Determination [see Note 1]

This Determination is the Radiocommunications (Limitation of Authorisation of Third Party Users) Determination 2000.

1. Commencement [see Note 1]

This Determination commences on gazettal.

1. Revocation

The following Determinations are revoked:

·Radiocommunications (Limitation of Authorisation of Third Party Users) Determination No. 1 of 1995[1]

·Radiocommunications (Third Party Users-Apparatus Licence) Amendment Determination 2000[2]

·Radiocommunications (Third Party Users-Apparatus Licence) Amendment Determination 2000 (No. 2)[3].

[1] Notified in the Commonwealth of Australia Gazette on 20 December 1995.

[2] Notified in the Commonwealth of Australia Gazette on 26 July 2000.

[3] Notified in the Commonwealth of Australia Gazette on 31 August 2000

1. Definitions

In this Determination:

ABC means the Australian Broadcasting Corporation established under subsection 5 (1) of the Australian Broadcasting Corporation Act 1983.

Act means the Radiocommunications Act 1992.

eligible person has the same meaning as in the Radiocommunications (Transmitter Licence Tax) Determination 2000.

exempt broadcasting service has the meaning given by subsection 18A (3) of the Broadcasting Services Act 1992.

exempt person means a person who is exempt, under regulation 5 of the Radiocommunications Taxes Collection Regulations, from the payment of tax in respect of apparatus licences.

international broadcasting licence has the meaning given by subsection 6 (1) of the Broadcasting Services Act 1992.

international broadcasting service has the meaning given by subsection 6 (1) of the Broadcasting Services Act 1992.

SBS means the Special Broadcasting Service Corporation established under subsection 5 (1) of the Special Broadcasting Service Act 1991.

1. Circumstances in which persons must not be authorised to operate radiocommunications devices (Act s 115)

(1)   For paragraph 115 (1) (c) of the Act, a licensee of an apparatus licence must not authorise another person to operate radiocommunications devices under the licence if:

(a)    the licensee is an exempt person; and

(b)    the other person is not an exempt person.

(2)   For paragraph 115 (1) (c) of the Act, a licensee of an apparatus licence must not authorise another person to operate radiocommunications devices under the licence if:

(a)    the licensee is an eligible person; and

(b)    the other person is not:

(i)    an eligible person; or

(ii)    an exempt person.

(3)   For paragraph 115 (1) (c) of the Act, a licensee of an apparatus licence must not authorise another person to operate radiocommunications devices under the licence if:

(a)    the apparatus licence authorises the operation of a radiocommunications device for the provision of an international broadcasting service; and

(b)    there is no international broadcasting licence in force that authorises the provision of that service.

(4)   For paragraph 115 (1) (c) of the Act, the ABC or the SBS, as licensee of an apparatus licence, must not authorise another person to operate radiocommunications devices under the licence if:

(a)    the person intends to provide an international broadcasting service under the licence; or

(b)    the person intends to provide a broadcasting service within Australia under the licence.

(5)   For paragraph 115 (1) (c) of the Act, a licensee of an apparatus licence must not authorise another person to operate radiocommunications devices under the licence if:

(a)    the licence authorises the licensee to operate a radiocommunications device that is used in an exempt broadcasting service; and

(b) the other person is not eligible for exemption under subsection 18A (3) of the Broadcasting Services Act 1992.

Notes to the Radiocommunications (Limitation of Authorisation of Third Party Users) Determination 2000

Note 1

The Radiocommunications (Limitation of Authorisation of Third Party Users) Determination 2000 (in force under subsection 115 (1) of the Radiocommunications Act 1992) as shown in this compilation is amended as indicated in the Tables below.

Table of Instruments

Title	Date of notification in Gazette or FRLI registration	Date of commencement	Application, saving or transitional provisions
Radiocommunications (Limitation of Authorisation of Third Party Users) Determination 2000	10 Jan 2001 (see Gazette 2001, No. GN1)	10 Jan 2001
Radiocommunications (Limitation of Authorisation of Third Party Users) Amendment Determination 2011 (No. 1)	4 Apr 2011 (see F2011L00559)	5 Apr 2011	—

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted
Provision affected	How affected
S. 6.........................................	rep. 2011 No. 1