Radiocommunications Regulations (Amendment) (Cth)

Statutory Rules 1997No. 283 1

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Radiocommunications Regulations2 (Amendment)

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Radiocommunications Act 1992.

Dated 1 October 1997.

 WILLIAM DEANE

 Governor-General

By His Excellency’s Command,

RICHARD ALSTON

Minister for Communications, the Information Economy

and the Arts

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1.   Amendment

1.1   The Radiocommunications Regulations are amended as set out in these Regulations.

[Note:  These Regulations commence on gazettal: see Acts Interpretation

Act 1901, s. 48.]

2.   Regulation 3 (Interpretation)

2.1   Definition of “earth receive station”:

Omit the definition, substitute:

“‘earth receive station’ means an earth station:

• (a)

  that is licensed for reception of radio emission; and

• (b)

  for which the ACA, or a person accredited under section 263 of the Act, undertakes coordination procedures for the purpose of minimising interference to reception;

[Note:  Nothing in this definition is to be taken to imply that the same earth station is not also capable of transmitting or being used for transmitting under a transmitter licence.]”.

2.2   Definition of “earth station”:

Omit paragraph (a), substitute:

• “(a)

  is operated for communicating with:

  • (i)

    a space object; or

  • (ii)

    a space station; or

  • (iii)

    other earth stations through space stations; and”.

2.3   Definition of “earth station”:

After paragraph (b), insert:

• “; and (c)

  may include stations participating in the radioastronomy service;”.

2.4   After the definition of “SOLAS”, insert:

“‘space licence’ means a licence issued for a radiocommunications service that is provided by means of 1 or more stations on a space object;

‘space object’ means an object that:

• (a)

  is beyond, is intended to go beyond, or has been beyond, the major portion of the Earth’s atmosphere; and

• (b)

  may be an artificial or a naturally occurring thing or phenomenon;

‘space receive station’ means a space station:

• (a)

  that is licensed for reception of radio emission; and

• (b)

  for which the ACA, or a person accredited under section 263 of the Act, undertakes coordination procedures for the purpose of minimising interference to reception;

[Note:  Nothing in this definition is to be taken to imply that the same space receive station is not also capable of transmitting or being used for transmitting under a transmitter licence.]

‘space station’ means a station that operates under a space licence;”.

2.5   Definition of “station”:

Omit the definition, substitute:

“‘station’ means an installation or thing that is, or includes, either or both of the following:

• (a)

  1 or more radiocommunications transmitters;

• (b)

  1 or more radiocommunications receivers;

and includes an installation or thing, whether artificial or naturally occurring, that is intentionally used to reflect or receive radio emissions;”.

3.   Regulation 4 (Australian satellites)

3.1   Subregulation 4 (1):

Add at the end:

• “; (c)

  space satellites operated by KITComm Pty Limited ACN 067 098 033 to provide communications services to Australia;

• (d)

  space satellites operated by PanAmSat Corporation to provide communications services to Australia;

• (e)

  space satellites operated by Mobile Communications Holdings, Inc. to provide mobile communications services to Australia.”.

4.   Regulation 5 (Which radiocommunications receivers are radiocommunications devices?)

4.1   After paragraph 5 (c), insert:

• “or (d)

  a space receive station;”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 8 October 1997.

2. Statutory Rules 1993 No. 177 as amended by 1995 Nos. 62 and 259; 1996 No. 158; 1997 No. 121.