Radiocommunications Amendment Regulations 2000 (No. 2)

Administered by Department of Communications and the Arts

Legislation au F2000B00268 Regulations Not in force Legislative Instrument

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Radiocommunications Amendment Regulations 2000 (No. 2) 2000 No. 257

EXPLANATORY STATEMENT

STATUTORY RULES 2000 No. 257

Issued by the Authority of the Minister for Communications, the Information Technology and the Arts.

Subject       Radiocommunications Act 1992

Radiocommunications Amendment Regulations 2000 (No. 2)

Under subsection 314(1) of the Radiocommunications Act 1992 (the Act) the Governor-General may make Regulations prescribing matters required or permitted to be prescribed under the Act or necessary or convenient to be prescribed for carrying our or giving effect to the Act.

On 3 May 2000, the Radiocommunications Legislation Amendment Act 2000 (the Amendment Act), received Royal Assent, amending the Act. These amendments principally related to the regulation of space objects and the means by which radiocommunications receivers are determined to be radiocommunications devices. Satellites and launch vehicles are examples of space objects.

A number of changes to subordinate legislation were required to support the implementation of the Amendment Act. For example, the following instruments took effect on 8 July 2000:

* Radiocommunications (Australian Space Objects) Determination 2000;

* Radiocommunications (Foreign Space Objects) Determination 2000;

* Radiocommunications (Radiocommunications Receivers) Determination 2000;

* Radiocommunications (Interpretation) Determination 2000; and

* Radiocommunications (Definitions) Determination (Revocation) 2000.

The amendments to the Regulations removed certain provisions that were no longer required and streamline the definitions within another. This was a consequence of the Amendment Act and the subordinate legislation listed above. The amendments are set out below.

Radiocommunications Regulation 3 - Interpretation

The amendment of Regulation 3 removed relevant space related and other definitions that were no longer required (these definitions appear in the Radiocommunications (Interpretation) Determination 2000) and substitute with a new definition for space station.

Radiocommunications Regulation 4 - Australian satellites

Regulation 4 was made obsolete by the Amendment Act and was therefore omitted from the Regulations. The Australian Communications Authority (ACA) is now able to determine space objects through either the:

* Radiocommunications (Australian Space Objects) Determination 2000; or

* Radiocommunications (Foreign Space Objects) Determination 2000.

Previously, section 5 of the Act only provided for the regulation of satellites that were declared to be 'Australian satellites' in the Regulations. When the Amendment Act came into effect, the concept of 'Australian satellite' was removed and the concept of 'space object' introduced. The Act now provides for the regulation of Australian space objects and, in some circumstances, foreign space objects. The Act now includes three new terms :

*       space object means an object (whether artificial or natural) that is beyond, has been beyond or is intended to go beyond the major portion of the Earth's atmosphere, or any part of such an object, even if the part is intended to go only some of the way towards leaving the major portion of the Earth's atmosphere;

*       Australian space object means a space object that the ACA determines in writing to be an Australian space object for the purposes of this Act; and

*       foreign space object means a space object that is not an Australian space object.

The ACA now has the power to determine which space objects are Australian space objects for the purposes of the Act. This power allows the ACA to regulate the radiocommunications activities of Australian space objects in all places at all times. This includes licensing use of spectrum by space stations on Australian satellites or Australian launch vehicles. Previously, this could only be achieved through amendment of the Regulations to determine a satellite or launch vehicle to be an 'Australian satellite'.

The ACA also has the power to determine which foreign space objects should be regulated by the Act. This power allows the ACA to licence use of spectrum by space stations on foreign satellites when those space stations are communicating with places in Australia. Previously, this could only be achieved through amendment of the Regulations to determine foreign satellites to be 'Australian satellites'.

Radiocommunications Regulation 5 - Radiocommunications receivers

Regulation 5 was made obsolete by the Amendment Act and it was therefore omitted from the Regulations. The ACA is now able to determine which radiocommunication devices are radiocommunications receivers through the Radiocommunications (Radiocommunications Receivers) Determination 2000.

Details of the amending regulations are set out in the Attachment. The Office of Regulation Review did not require a Regulation Impact Statement.

The Regulations commenced on gazettal.

Attachment 1

Notes on the Instrument

Radiocommunications Amendment Regulations 2000 (No. 2)

Section 1 - Name of Regulations

Section 1 provides that the instrument may be cited as the Radiocommunications Amendment Regulations 2000 (No. 2)

Section 2 - Commencement

Section 2 provides that the proposed regulations commence on gazettal.

Section 3 - Amendment of Radiocommunications Regulations 1993

Section 3 provides that Schedule 1 amends the Radiocommunications Regulations 1993.

Schedule 1 - Amendments

Item 1. Regulation 3, definitions of earth receive station, earth station, multipoint distribution station, multipoint distribution repeater station, multipoint distribution station receiver, space licence, space object and space receive station

This item omits these terms as they are no longer referred to within the Regulations.

Item 2. Regulation 3, definition of space station

This item substitutes a new definition for space station as a radiocommunications transmitter on a space object.

Item 3. Regulations 4 and 5

This item omits Regulations 4 and 5 from the Regulations. The ACA is now able to determine space objects as Australian space objects or foreign space objects under section 5 and paragraph 16(1)(ca) of the Act.

 

Overview

The Radiocommunications Amendment Regulations 2000 (No. 2) were enacted in response to the Radiocommunications Legislation Amendment Act 2000, which amended the Radiocommunications Act 1992 to update the regulation of space objects and the classification of radiocommunications receivers. These amendments were necessary to modernise the regulatory framework in line with technological advancements and to streamline definitions within the Act. The Radiocommunications Amendment Regulations 2000 (No. 2) were issued under the authority of the Minister for Communications, the Information Technology and the Arts, aiming to facilitate the implementation of the new legislative provisions by updating subordinate legislation. The policy objective behind these regulations is to ensure that the Australian Communications Authority (ACA) can effectively regulate both Australian and foreign space objects, as well as determine which radiocommunications devices qualify as radiocommunications receivers.

Scope and Application

The Radiocommunications Amendment Regulations 2000 (No. 2) applies to the regulation of radiocommunications activities within the context of space objects, specifically satellites and launch vehicles, under the Radiocommunications Act 1992. These regulations affect entities and persons involved in the operation of space objects, as well as the Australian Communications Authority (ACA), which has the authority to determine and regulate space objects for the purposes of the Act. The scope of the Act extends to both Australian and foreign space objects, allowing the ACA to license the use of spectrum by space stations on both Australian and foreign satellites when these stations are communicating with locations in Australia. The regulations streamline the definitions and remove obsolete provisions, thereby aligning with the amendments introduced by the Radiocommunications Legislation Amendment Act 2000. The amendments also extend the jurisdiction of the ACA to include the determination of which radiocommunications devices are considered radiocommunications receivers. These regulations commenced upon gazettal and are effective in providing a clear framework for the regulation of space-related radiocommunications activities in Australia.

Key Provisions

The Radiocommunications Amendment Regulations 2000 (No. 2) make various amendments to the Radiocommunications Regulations 1993 to implement the Radiocommunications Legislation Amendment Act 2000, which amended the Radiocommunications Act 1992. Regulation 3 of the Regulations revises the definitions section to remove several terms that are no longer relevant, such as "earth receive station," "earth station," "multipoint distribution station," and "space licence," and it substitutes a new definition for "space station" as a radiocommunications transmitter on a space object. Regulations 4 and 5 have been omitted, as the Amendment Act has introduced new provisions for the regulation of space objects and radiocommunications receivers. The Regulations impose obligations on entities to comply with the new definitions and the removal of certain outdated terms. For example, the Australian Communications Authority (ACA) now has the authority to determine which space objects are Australian space objects or foreign space objects, and to regulate their radiocommunications activities accordingly. The ACA can also determine which radiocommunications devices are radiocommunications receivers. These changes streamline the regulatory framework and allow for more flexible and effective regulation of space objects and radiocommunications receivers. Failure to comply with the Radiocommunications Act 1992 or the Radiocommunications Amendment Regulations 2000 (No. 2) may result in civil or criminal penalties. For example, unauthorised use of radiocommunications equipment can result in fines and, in serious cases, imprisonment. The specific penalties for breaches of the Act or the Regulations depend on the nature and severity of the offence. The Act provides for penalties including fines of up to $22,200 for individuals and $111,000 for corporations, as well as imprisonment for up to two years in certain circumstances. The Regulations provide for the amendment of the Radiocommunications Regulations 1993 and came into effect on gazettal. The changes aim to modernise the regulatory framework in line with the Radiocommunications Legislation Amendment Act 2000, ensuring that the regulation of radiocommunications remains effective and relevant in a rapidly evolving technological environment. The amendments facilitate more streamlined and flexible regulation of space objects and radiocommunications receivers, and they reflect the current understanding and requirements of radiocommunications regulation in Australia.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.