Radiocommunications Amendment Regulations 2000 (No. 1) 2000 No. 221
EXPLANATORY STATEMENT
STATUTORY RULES 2000 NO. 221
Issued by the Authority of the Minister for Communications, Information Technology and the Arts
Radiocommunications Act 1992
Radiocommunications Amendment Regulations 2000 (No. 1)
Section 314 of the Radiocommunications 1992 (the Act) allows the Governor-General to make regulations prescribing matters required or permitted by the Act to be prescribed.
Subsection 299(1) of the Act requires a person or body exercising power conferred under the Radiocommunications Act 1992 (other than a power under Part 4.4 or 5.5) to have regard to:
(a) any agreement, treaty or convention, between Australia and another country or countries, that makes provision in relation to radio emission; and
(b) any other instrument or writing specified in the regulations.
Subsection 299(3) provides that regulations made for the purposes of paragraph 299(1)(b) may prescribe a specified instrument or writing:
(a) as in force or existence at the time when the regulations come into effect; or
(b) as amended or altered from time to time.
Regulation 38 of the Radiocommunications Regulations 1993 provides that for the purposes of paragraph 299(1)(b) of the Act, the Treaty within the meaning of the Petroleum (AustraliaIndonesia Zone of Cooperation) Act 1990, as amended and in force at the commencement of the Regulations, is prescribed.
The purpose of the accompanying Regulations is to amend the Radiocommunications Regulations 1993 to update the reference to the name of the Act that includes the definition of the Timor Gap Treaty. The Timor Gap Treaty (Transitional Arrangements) Act 2000 (Act No. 25 of 2000) recently changed the name of the Act as a consequence of the assumption of Indonesia's rights and obligations under the Treaty by UNTAET (United Nations Transitional Administration in East Timor).
The accompanying Regulations commence on gazettal.
Details of the accompanying Regulations are set out in the Attachment.
ATTACHMENT
Radiocommunications Amendment Regulations 2000 (No. 1)
Regulation 1 - Name of Regulations
Regulation 1 provides that the Regulations are named the Radiocommunications Amendment Regulations 2000 (No. 1).
Regulation 2 - Commencement
Regulation 2 provides that the Regulations commence on gazettal.
Regulation 3 - Amendment of Radiocommunications Regulations 1993
Regulation 3 provides that Schedule 1 amends the Radiocommunications Regulations 1993.
Schedule 1 - Amendments
Item 1 - Regulation 38
Item 1 provides that for paragraph 299(1)(b) of the Radiocommunications Act 1992, the Timor Gap Treaty (being the Treaty defined by subsection 5(1) of the Petroleum (Timor Gap Zone of Cooperation) Act 1990), as amended from time to time, is prescribed. This updates a reference to the name of the Act formerly known as the Petroleum (Australia-Indonesia Zone of Cooperation) Act 1990, which was recently changed by the Timor Gap Treaty (Transitional Arrangements) Act 2000 as a consequence of the assumption of Indonesia's rights and obligations under the Treaty by UNTAET (United Nations Transitional Administration in East Timor).
Overview
The Radiocommunications Amendment Regulations 2000 (No. 1) were enacted to address a legislative gap identified in the Radiocommunications Act 1992. This gap arose from the need to update the reference to the name of the Act that includes the definition of the Timor Gap Treaty, following the Timor Gap Treaty (Transitional Arrangements) Act 2000, which altered the name of the Act due to Indonesia's rights and obligations under the Treaty being assumed by UNTAET. These regulations were issued under the authority of the Minister for Communications, Information Technology and the Arts and were made to ensure compliance with any relevant international agreements and treaties related to radio emissions. The policy objective of these regulations is to maintain the currency and relevance of the references within the Radiocommunications Regulations 1993, thereby facilitating effective governance and international cooperation in radiocommunications.
Scope and Application
The Radiocommunications Amendment Regulations 2000 (No. 1) amend the Radiocommunications Regulations 1993 by updating the reference to the name of the Act that includes the definition of the Timor Gap Treaty. The purpose of these Regulations is to ensure that any reference to the Petroleum (Australia-Indonesia Zone of Cooperation) Act 1990 is now correctly identified as the Petroleum (Timor Gap Zone of Cooperation) Act 1990, reflecting the changes brought about by the Timor Gap Treaty (Transitional Arrangements) Act 2000. This legislative amendment applies to any entity or person exercising power under the Radiocommunications Act 1992, ensuring that these parties remain compliant with the updated legal framework concerning the Timor Gap Treaty. These Regulations apply across the Commonwealth of Australia and come into effect upon gazettal.
Key Provisions
The Radiocommunications Amendment Regulations 2000 (No. 1) (the Regulations) primarily serve to update the reference to the name of the Act that includes the definition of the Timor Gap Treaty within the Radiocommunications Regulations 1993 (the 1993 Regulations). Section 3 of the Regulations specifically amends Regulation 38 of the 1993 Regulations, which originally referenced the Petroleum (Australia-Indonesia Zone of Cooperation) Act 1990. This change is necessitated by the Timor Gap Treaty (Transitional Arrangements) Act 2000, which altered the name of the relevant Act due to the transfer of Indonesia’s rights and obligations under the Treaty to UNTAET (United Nations Transitional Administration in East Timor). The Regulations thereby update the legal framework to reflect these changes.
The obligations imposed by the Regulations on the parties governed by the Radiocommunications Act 1992 (the Act) are primarily focused on ensuring compliance with updated legislative references. Specifically, entities exercising powers under the Act must now regard the amended reference to the Timor Gap Treaty as outlined in the 1993 Regulations. This update ensures that any references to the Treaty within the context of radiocommunications are legally accurate and reflect the current legislative framework. Additionally, it mandates adherence to any international agreements, treaties, or conventions related to radio emissions, as stipulated in section 299 of the Act.
Breaches of the Radiocommunications Act 1992 can result in both civil and criminal consequences, depending on the nature and severity of the offence. Under the Act, unauthorised interference with radiocommunications or non-compliance with prescribed regulations can lead to fines and penalties. The specific penalties are not detailed in the Explanatory Statement but typically include substantial fines, with the maximum penalty potentially reaching into the thousands of dollars, depending on the circumstances. Furthermore, repeated or serious breaches might result in more severe criminal charges, leading to imprisonment. It is essential for governed entities to ensure strict adherence to the updated regulations to avoid these repercussions.