Commonwealth of Australia
AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY
Radiocommunications Act 1992
Notice under section 136 of the Radiocommunications Act 1992
NOTIFICATION OF PROPOSED REVOCATION OF RADIOCOMMUNICATIONS (CELLULAR MOBILE TELECOMMUNICATION DEVICES) CLASS LICENCE 2002
Notice is given that the Australian Communications and Media Authority (ACMA) proposes to revoke the Radiocommunications (Cellular Mobile Telecommunications Devices) Class Licence 2002 (the Cellular Devices Class Licence) under section 135 of the Radiocommunications Act 1992 (the Act). The ACMA proposes to remake the instrument in substantially the same form.
Proposed changes
The Cellular Devices Class Licence contains the licence conditions, operating requirements and technical parameters associated with the operation of radiocommunications devices that communicate with a station authorised under a Public Telecommunications Service apparatus licence. Devices authorised to operate under the Cellular Devices Class Licence include cellular phone handsets and non-mobile data devices, such as ATMs and soft drink machines.
The Legislative Instruments Act 2003 (LIA) provides a regime for the automatic repeal of certain legislative instruments approximately 10 years after they are registered on the Federal Register of Legislative Instruments. This process is referred to as sunsetting. To preserve the effect of an instrument, it will need to be remade prior to the sunset date. The purpose of sunsetting is to ensure that legislative instruments are kept up-to-date and only remain in force as long as they are needed (see section 49 of the LIA).
The Cellular Devices Class Licence will sunset on 1 April 2015, unless revoked and remade before that date.
The ACMA is proposing to revoke the Cellular Devices Class Licence and remake it in substantially the same form, so that its on-going effect is preserved. The minor changes proposed include amendments to section 9 to clarify that the requirement for compliance with a superseded radiocommunications standard only applies to devices that were manufactured, imported or modified prior to the date that the new standard took effect, as well as other minor amendments to clarify the operation of the licence.
Comments
Pursuant to section 136 of the Radiocommunications Act 1992, the ACMA is seeking representations about the proposed revocation of the Cellular Devices Class Licence.
Copies of the existing class licence are available at:
http://www.comlaw.gov.au/Details/F2010C00535.
The proposed new instrument and the associated discussion paper are available on the ACMA’s website at:
http://www.acma.gov.au/theACMA/proposal-to-remake-the-cordless-devices-class-licence-and-cellular-devices-class-licence.
Copies of the existing class licence, proposed new instrument and associated discussion paper may be obtained from the ACMA’s Melbourne Office by contacting:
Sangeeta D’souza
Radiocommunication Licensing Policy and Allocations Capability Section
Australian Communications and Media Authority
PO Box 13112
Law Courts PO
Melbourne Vic 8010
Telephone: (03) 99636761
Facsimile: (03) 99636899
Email: Sangeeta.D’souza@acma.gov.au
Interested persons are invited to make representations about the proposed variation no later than 5 February 2014. Representations should be in writing and should be addressed to:
The Manager
Radiocommunication Licensing Policy and Allocations Capability Section
Australian Communications and Media Authority
PO BOX 78
BELCONNEN ACT 2616
or by email to:
Radiocommunications.Policy@acma.gov.au