ATTACHMENT D
EXPLANATORY STATEMENT
STATUTORY RULE 1988 NO. 228 ISSUED BY THE AUTHORITY OF THE MINISTER FOR TRANSPORT AND COMMUNICATIONS SUPPORT
Subsection 41(1) of the Radiocommunications Act 1983 (‘the Act’) provides that during a period of emergency, the Minister may, by order in writing, prohibit or regulate the operation, within a specified area, of radiocommunications transmitters.
Subsection 41(2) of the Act provides that during a period of emergency, the Minister may, by order in writing, prohibit or regulate the use of transmitters within a specified area, being use in a manner likely to interfere with radiocommunications.
subsection 41(3) of the Act provides that, unless it is expressed so to apply, an order does not apply to a broadcasting station or a television station or to a fixed transmitter the use or operation of which is essential to the operation of a broadcasting station or television station.
Subsection 41(4) of the Act provides that the Minister shall not make an order unless guidelines made under section 42 of the Act are in force.
Subsection 41(5) of the Act provides that in the making of orders, the Minister shall comply with guidelines in force under section 42 of the Act.
Paragraph 42(1)(a) of the Act provides that at any time (whether or not during a period of emergency) the Minister may, by instrument in writing, make guidelines to be applied by him with respect to the exercise of his powers under section 41 of the Act to make orders.
The Minister for Transport and Communications Support made guidelines under paragraph 42(1) (a) of the Act on 1 September 1988 for the making of orders under subsections 41(1), 41(2) and 41(3) of the Act.
NOTES ON CLAUSES
Interpretation
Clause 1 - Interpretation
The specified area
Clause 2 - Provides that the Minister shall satisfy himself that the area to be specified in an order under subsections 41(1) or (2) of the Act is no greater than reasonably necessary to meet the needs of the radiocommunications emergency in question.
Orders under subsection 41(1)
Clause 3 - Applies to orders made under subsection 41(1) of the Act.
Clause 3(1) provides that before making an order under subsection 41(1) of the Act prohibiting the general operation of radiocommunications transmitters within a specified area, the Minister shall satisfy himself that it would not be as effective a response to the radiocommunications emergency to use a more limited form of regulation with respect to various specified aspects of radiocommunications transmission.
Clause 3(2) provides that before making an order under subsection 41(1) the Minister shall satisfy himself that the nature and extent of the proposed order are no greater than necessary.
Clause 3(3) sets out the various considerations to which the Minister shall have regard in deciding what should be contained in an order under subsection 41(1) of the Act.
Orders under subsection 41(2)
Clause 4 - Applies to orders made under subsection 41(2) of the Act.
Clause 4(1) provides that before making an order under subsection 41(2) of the Act prohibiting the general use of transmitters within a specified area, the Minister shall satisfy himself that the prevention of interference might not be more effectively achieved by a more limited form of regulation with respect to various specified aspects of radio transmission.
Clause 4(2) provides that before making an order under subsection 41(2) of the Act the Minister shall satisfy himself that the nature and extent of the proposed order are no greater than necessary.
Clause 4(3) sets out the various considerations to which the Minister shall have regard in deciding what should be contained in an order under subsection 41(2) of the Act.
Orders applying to broadcasting
Clause 5 - Sets out the various considerations to which the Minister is to have regard before applying an order under section 41 of the Act to a broadcasting or television station, or to a fixed transmitter which is essential to the operation of such a station.
Orders in relation to telecommunications networks
Clause 6 - Provides that an order under section 41 of the Act shall expressly state whether or not that order applies to a transmitter forming part of the telecommunications network operated by the Australian Telecommunications Commission, AUSSAT Pty Ltd or the Overseas Telecommunications Commission (Australia).