900 MHz Band Plan (Amendment) 1993 No. 39
EXPLANATORY STATEMENT
Statutory Rules 1993 No. 39
Issued by the Authority of the Minister for Transport and Communications
Radiocommunications Act 1983
900 MHz Band Plan
Subsection 19(1) of the Radiocommunications Act 1983 (the Act) provides that the Minister may, by instrument in writing, prepare frequency band plans, not inconsistent with the spectrum plan prepared under section 18 of the Act.
Subsection 19(2) provides that a frequency band plan shall make provision for purposes for which the band may be used, including provisions specifying the purposes for which any part of the band may be used.
Subsection 19(3) provides that a frequency band plan may apply with respect to a specified area and with respect to a specified period.
Subsections 20(1) and (2) of the Act provides that before preparing a frequency band plan, the Minister shall publish the plan he proposes to prepare and invite interested persons to make representations in connection with the proposed plan.
Background
The 900 MHz Band Plan (Statutory Rules 1992 No. 47) was made on 19 February 1992, and was tabled in Parliament within 15 sitting days of being made, in accordance with normal procedures.
The VHF Mid Band Frequency Band Plan (70-87.5 MHz) (Statutory Rules 1991 No.355) and the VHF High Band Frequency Band Plan (148-174 MHz) (Statutory Rules 1991 No.354) had been made in November 1991. Senator Patricia Giles, on behalf of the Senate Standing Committee on Regulations and Ordinances, gave notice in the Senate on 3 March 1992 that she would move that the VHF Frequency Band Plans be disallowed. The Committee's concerns had earlier been advised to the Minister for Transport and Communications by letter dated 28 February 1992.
Mr Warren Snowdon, then Parliamentary Secretary to the Minister for Transport and Communications, wrote to the Committee on 24 March 1992 on behalf of the Minister, responding to the Committee's concerns. In that letter, he indicated it may be helpful to amend the General Notes of each of the VHF Band Plans, to make it clearer that the notes are intended as a guide to decision-makers when making decisions under the Act. At the same time, the Committee was also advised of the making of the 900 MHz Band Plan, and it was suggested that if similar problems were perceived they could he considered in the light of the VHF Band Plans.
On 2 April 1992, Senator Giles reported to the Senate that the Committee was satisfied with the explanation provided, and that she would, on the next sitting day, withdraw the notice of motion to disallow the VHF Band Plans. The Senator also made reference to the offer to amend the General Notes of the VHF Band Plans, as mentioned in Mr Snowdon's letter.
On 28 April 1992, Senator Giles withdrew her notice of motion to disallow the VHF Band Plans.
The Amendment
The Attorney-General's Department advised that as the General Notes do not form part of the Band Plans, the consultation requirements in subsections 20(1) and (2) of the Act do not apply to amendment of those notes.
The 900 MHz Band Plan was amended to make it clearer that the General Notes of the Band Plan are intended only as a guide to decision-makers when making decisions under the Act.
Overview
The 900 MHz Band Plan (Amendment) 1993 No. 39, issued under the Radiocommunications Act 1983, was enacted to address concerns raised by the Senate Standing Committee on Regulations and Ordinances regarding the clarity of the General Notes in the 900 MHz Band Plan and other VHF band plans. This amendment was designed to ensure that the General Notes serve only as a guide for decision-makers when exercising their powers under the Act. The Minister for Transport and Communications was directed to clarify that the General Notes are not binding, thereby addressing the perceived ambiguity that led to the potential disallowance of the VHF Band Plans. The amendment was made to maintain the integrity and purpose of the statutory rules, ensuring that they function as intended within the legislative framework.
Scope and Application
The 900 MHz Band Plan (Amendment) 1993 No. 39 amends the 900 MHz Band Plan made under the Radiocommunications Act 1983 to clarify that the General Notes within the plan serve as a guide for decision-makers. The Act applies to any person or entity involved in the use or management of radiocommunications within Australia, particularly those operating within the specified frequency band. The amendment does not alter the fundamental purposes or operational parameters of the 900 MHz Band Plan but seeks to ensure that the General Notes, which are not legally binding, are understood in their intended advisory capacity. This clarification is intended to prevent misinterpretation that could lead to non-compliance with the Act. The amendment does not introduce new exclusions or thresholds but reinforces the existing framework for frequency management within the Commonwealth of Australia. The application of the Act is national, covering all states and territories within Australia, and the amendment is consistent with the overarching spectrum management provisions of the Radiocommunications Act 1983.
Key Provisions
The main operative sections of the 900 MHz Band Plan (Amendment) 1993 No. 39 pertain to the clarification of the General Notes within the 900 MHz Band Plan. Under subsection 19(1) of the Radiocommunications Act 1983, the Minister has the authority to create frequency band plans, provided they do not conflict with the spectrum plan outlined in section 18 of the Act. Section 19(2) mandates that these plans should specify the purposes for which the band may be used, including any part of the band. Section 19(3) further allows these plans to be applied to a specified area and period. To ensure transparency and stakeholder engagement, subsections 20(1) and (2) of the Act require the Minister to publish any proposed frequency band plan and invite interested parties to submit representations before finalizing the plan.
The 900 MHz Band Plan (Amendment) 1993 No. 39 imposes specific obligations on the parties it governs, primarily ensuring that the General Notes within the 900 MHz Band Plan are clearly identified as guides for decision-makers under the Act. This amendment aims to avoid any ambiguity that might have led to misinterpretation of the notes’ purpose and scope. Given that the General Notes do not form part of the Band Plans themselves, the consultation requirements stipulated in subsections 20(1) and (2) of the Act do not apply to their amendment. This amendment is designed to streamline the process of updating these notes while maintaining the integrity and clarity of the legislative framework.
In terms of legal consequences, the 900 MHz Band Plan (Amendment) 1993 No. 39 does not explicitly state any offences, penalties, or civil/criminal consequences for breaches. However, any misinterpretation or misuse of the General Notes, which might result from insufficient clarity, could potentially lead to disputes or legal challenges. Such challenges might necessitate judicial interpretation to ascertain the correct application of the Band Plan provisions. Given the nature of this amendment, it is primarily aimed at preventive clarity rather than punitive measures.
The legislative amendment serves to reinforce the purpose and scope of the General Notes within the 900 MHz Band Plan, ensuring they are understood as guidance rather than enforceable directives. This approach mitigates potential legal ambiguities and fosters better compliance with the overarching objectives of the Radiocommunications Act 1983. It is essential for all stakeholders to be aware of these amendments to avoid any inadvertent non-compliance and to maintain a transparent and effective regulatory environment.