COMMONWEALTH OF AUSTRALIA
Acts Interpretation Act 1901
Australian Communications Authority Act 1997
AUSTRALIAN COMMUNICATIONS AUTHORITY
(HPON TRANSMITTER LICENCES) DIRECTION NO. 1 OF 2001
(AMENDMENT NO. 1 OF 2002)
I, RICHARD KENNETH ROBERT ALSTON, Minister for Communications, Information Technology and the Arts, acting under subsection 33(3) of the Acts Interpretation Act 1901 and subsection 12(1) of the Australian Communications Authority Act 1997, amend the Australian Communications Authority (HPON Transmitter Licences) Direction No. 1 of 2001 (which was notified in the Gazette on 31 January 2001) as follows:
section 5:
delete “Where”, insert “Subject to section 5A, where”.
after section 5:
insert:
“5A. Direction – interim period of issue and renewal of HPON radio licences
Where the ACA decides, before 1 July 2002, to:
(a) issue an HPON radio licence under section 100 of the Radcom Act; or
(b) renew an HPON radio licence under section 130 of the Radcom Act;
the ACA must specify, under subsection 103(2) of the Radcom Act, a period for the licence ending no later than 30 June 2002.”
Dated 27 February 2002
RICHARD ALSTON
Minister for Communications, Information Technology and the Arts
Overview
The Australian Communications Authority (HPON Transmitter Licences) Direction No. 1 of 2001, as amended by Amendment No. 1 of 2002, was enacted to address a specific need for regulating the interim period of issue and renewal of HPON radio licences. This legislative instrument, introduced by Richard Kenneth Robert Alston, the Minister for Communications, Information Technology and the Arts, under the provisions of the Acts Interpretation Act 1901 and the Australian Communications Authority Act 1997, provides clarity and direction to the Australian Communications Authority (ACA) in managing these licences. The policy objective behind this amendment was to ensure that any decision by the ACA to issue or renew an HPON radio licence before 1 July 2002 would be accompanied by a clearly specified period ending no later than 30 June 2002, thereby providing a temporary framework to manage the transition period for these licences.
Scope and Application
The Australian Communications Authority (HPON Transmitter Licences) Direction No. 1 of 2001, as amended by Amendment No. 1 of 2002, applies to the Australian Communications Authority (ACA) and pertains to the issuance and renewal of High Power Outdoor Portable (HPON) radio licences. This direction is a legislative instrument made under the authority granted by the Acts Interpretation Act 1901 and the Australian Communications Authority Act 1997, which allows the Minister for Communications, Information Technology and the Arts to amend the original Direction. The amended Direction specifies that any decision by the ACA to issue or renew an HPON radio licence before 1 July 2002 must include a licence period that concludes no later than 30 June 2002. The amendment extends to any interim period during which the ACA may issue or renew such licences, ensuring compliance with the specified timeframe. The Act's jurisdictional reach is federal, given its basis in Commonwealth legislation, and its application is confined to the issuance and renewal of HPON transmitter licences within the designated timeframe.
Key Provisions
The key provisions of this legislative instrument concern the amendment of the Australian Communications Authority (HPON Transmitter Licences) Direction No. 1 of 2001. Specifically, the amendment alters the circumstances under which the Australian Communications Authority (ACA) can issue or renew High Power Outdoor Notice (HPON) radio licences. Under the original section 5, the ACA could issue or renew such licences without specific timeframe constraints, provided certain conditions were met. However, the amendment introduces a new section 5A (section 6 in the legislative instrument), which imposes a condition on the ACA if it decides to issue or renew an HPON radio licence before 1 July 2002. In such cases, the ACA must specify a period for the licence that ends no later than 30 June 2002.
This amendment places specific obligations on the ACA, mandating that any decision to issue or renew an HPON radio licence before 1 July 2002 must include a specified end date no later than 30 June 2002. This requirement ensures that any such licences are issued or renewed on a temporary basis, aligning with the interim period stipulated by the legislation. The ACA must therefore exercise due diligence in determining the appropriate duration for these temporary licences, considering the implications of such a temporary measure.
Failure to comply with the provisions outlined in section 5A could result in legal consequences. While the legislative instrument does not explicitly state penalties for non-compliance, breaches of such statutory requirements could potentially lead to legal actions or administrative consequences under the Australian Communications Authority Act 1997 or related legislation. Additionally, any resulting licences issued in violation of these provisions might be subject to revocation or other corrective measures by the ACA, which could have significant repercussions for the licensees.
Given that the amendment sets a clear deadline for the issuance or renewal of HPON radio licences, it is crucial for the ACA and any potential licensees to adhere strictly to these provisions to avoid any potential legal or administrative fallout. The legislative intent appears to be to impose a temporary restriction on the duration of such licences, necessitating careful planning and compliance by the ACA in managing these interim periods.