EXPLANATORY STATEMENT
STATUTORY RULES 1984 NO. 318
CUSTOMS (PROHIBITED IMPORTS REGULATIONS (AMENDMENT)
Issued by Authority of the Minister of State for Industry and Commerce
In 1982, the Citizen Band Radio Service (CBRS) was expanded from 18 to 40 channels. In order to avoid interference between the expanded CBRS and the existing Handphone Service, frequences allocated to the latter service were replaced by a new set of permitted frequencies.
As a consdquence of this change, amendments are necessary to the abovenamed Regulations so that radiotelephony equipment capable of operating on the newly permitted frequencies may be legally imported.
This regulation effects these changes by amending Regulation 4M of the Customs (Prohibited Imports) Regulations to
(a) omit sub-regulation (1) and substitute a new sub-regulation which re-defines radiotelephony equipment to include a more general class of equipment than is currently the case, and
(b) omit sub-regualtion (4) and substitute a new sub-regulation which expands the number of permitted frequencies for the importation of radiotelephony equipment by the addition of a range of new channels.
Overview
The Customs (Prohibited Imports Regulations (Amendment) 1996 was enacted by the Parliament of Australia to address the gap arising from the expansion of the Citizen Band Radio Service (CBRS) in 1982. The original expansion of the CBRS from 18 to 40 channels necessitated a shift in the frequency allocation for the Handphone Service, leading to potential interference between the two services. This required amendments to the Customs (Prohibited Imports) Regulations to ensure that radiotelephony equipment could be legally imported without causing interference. The regulation, issued by authority of the Minister of State for Industry and Commerce, aims to facilitate these changes by amending Regulation 4M of the Customs (Prohibited Imports) Regulations. The policy objective is to redefine radiotelephony equipment to include a broader class of equipment and to expand the permitted frequency range for the importation of such equipment.
Scope and Application
The Customs (Prohibited Imports Regulations (Amendment)) Statutory Rules 1996, specifically tailored to accommodate the expanded Citizen Band Radio Service (CBRS) frequencies, applies to any entities and persons engaged in the importation of radiotelephony equipment within Australia. This amendment is critical for those involved in the importation of such equipment to ensure compliance with the newly defined categories and permitted frequencies. The regulation is applicable nationally, governed under the Commonwealth jurisdiction, and is designed to align with the updated frequency allocations to prevent interference between the CBRS and the Handphone Service. The stated exclusions in these regulations are minimal, primarily focusing on the specific frequencies and types of equipment affected by the amendments. The regulation extends its application through subordinate instruments by specifying the detailed technical criteria for the equipment and the exact frequency ranges permissible for importation, thus providing clarity and precision in compliance requirements.
Key Provisions
The Customs (Prohibited Imports) Regulations (Amendment) Statutory Rules 1984 No. 318 focus on updating the legal framework surrounding the importation of radiotelephony equipment in response to changes in the Citizen Band Radio Service (CBRS) and the Handphone Service frequencies. Regulation 4M is the primary section amended to accommodate these changes (Reg 4M). The regulation redefines what constitutes radiotelephony equipment to include a broader class of equipment than previously defined (Reg 4M(1)). It also updates the list of permitted frequencies for the importation of such equipment by adding a range of new channels to prevent interference between the CBRS and the Handphone Service (Reg 4M(4)).
These amendments impose specific obligations on parties and entities involved in the importation of radiotelephony equipment. Importers must now ensure that the equipment they import falls within the newly defined parameters of radiotelephony equipment and operates on the newly permitted frequencies. The amendment aims to streamline the importation process and ensure compatibility and safety by aligning the imported equipment with the updated frequency allocations. Importers are required to verify that their equipment complies with these updated regulations to avoid any legal complications.
Failure to comply with the updated regulations may result in legal consequences. Importers who do not adhere to the newly defined parameters of radiotelephony equipment and permitted frequencies may face penalties. Although the specific penalties are not detailed in the provided text, it is implied that breaches of these regulations could lead to civil or criminal sanctions, including fines or other enforcement actions. Importers are advised to ensure strict compliance with the updated regulations to avoid any legal repercussions.