Radiocommunications (Australian Space Objects) Amendment Determination 2002 (No. 1)
The AUSTRALIAN COMMUNICATIONS AUTHORITY makes this Determination for the purpose of the definition of Australian space object in section 5 of the Radiocommunications Act 1992.
Dated 25 September 2002 AJ SHAW Chair A HORSLEY Member
Australian Communications Authority
1 Name of Determination
This Determination is the Radiocommunications (Australian Space Objects) Amendment Determination 2002 (No. 1).
2 Commencement
This Determination commences on gazettal.
3 Amendment of Radiocommunications (Australian Space Objects) Determination 2000
Schedule 1 amends the Radiocommunications (Australian Space Objects) Determination 2000.
Schedule 1 Amendments
(section 3)
Do not delete: Schedule Part Placeholder
[1] Section 3, before definition of launch vehicle
insert
Core Participant of the Cooperative Research Centre for Satellite Systems means a body that is a Core Participant within the meaning of the agreement for the establishment of a research centre known as ‘the Cooperative Research Centre for Satellite Systems’:
(a) entered into on 27 November 1997; and
(b) as in force from time to time.
Note At the commencement of this definition, the Core Participants are:
(a) the University of South Australia; and
(b) the Commonwealth Scientific and Industrial Research Organisation; and
(c) the Queensland University of Technology; and
(d) Auspace Limited; and
(e) Vipac Engineers & Scientists Limited; and
(f) the University of Newcastle; and
(g) the University of Technology, Sydney.
[2] Paragraph 4 (c)
substitute
(c) a satellite operated by, or for, 1 or more Core Participants of the Cooperative Research Centre for Satellite Systems;
Overview
The Radiocommunications (Australian Space Objects) Amendment Determination 2002 (No. 1) was enacted to amend the Radiocommunications (Australian Space Objects) Determination 2000, providing a more comprehensive definition of an Australian space object within the framework of the Radiocommunications Act 1992. This amendment was made by the Australian Communications Authority to address the evolving nature of space activities and the need for updated definitions that reflect current technological advancements and industry practices. The determination aims to ensure that the regulatory framework remains relevant and effective in governing the licensing and operation of space objects, thereby facilitating the growth of Australia's space sector while maintaining safety and regulatory compliance.
Scope and Application
The Radiocommunications (Australian Space Objects) Amendment Determination 2002 (No. 1) is a legislative instrument made by the Australian Communications Authority under the authority of the Radiocommunications Act 1992. It specifically amends the Radiocommunications (Australian Space Objects) Determination 2000 to redefine the term "Australian space object," extending its application to satellites operated by, or for, the Core Participants of the Cooperative Research Centre for Satellite Systems. This Determination applies to entities involved in the operation of satellites in cooperation with these Core Participants and is intended to ensure that the relevant space objects are appropriately regulated under the Radiocommunications Act. The Amendment Determination came into effect upon gazettal and applies nationally within the Commonwealth of Australia, affecting all relevant entities involved in the specified activities. There are no stated exclusions or exemptions in this Determination, which thus broadens the scope of entities subject to the regulatory framework of the Act.
Key Provisions
The Radiocommunications (Australian Space Objects) Amendment Determination 2002 (No. 1) amends the Radiocommunications (Australian Space Objects) Determination 2000, as stated in section 3. The primary amendment involves the definition of a "launch vehicle" in section 4, now including a satellite operated by, or for, one or more Core Participants of the Cooperative Research Centre for Satellite Systems, as detailed in Schedule 1, Part Placeholder 2. This amendment broadens the scope of what is considered an Australian space object by incorporating satellites associated with the specified research centre.
Under this Determination, certain obligations and requirements are imposed on the parties involved. Specifically, Core Participants of the Cooperative Research Centre for Satellite Systems must ensure their satellites comply with the regulations set out in the Radiocommunications Act 1992. This includes adherence to licensing requirements, frequency allocations, and other regulatory obligations pertinent to radiocommunications. These obligations are designed to ensure that the operation of these satellites does not interfere with other radiocommunication services and contributes to the orderly management of radio spectrum.
Failure to comply with the provisions of the Radiocommunications Act 1992, as amended by this Determination, can lead to several consequences. Offences under the Act can result in both civil and criminal penalties. For instance, unauthorised use of radiocommunication equipment, which includes satellites, may lead to fines as stipulated in section 199 of the Act, with maximum penalties reaching up to $22,000 for individuals and $110,000 for bodies corporate. Additionally, criminal offences can attract imprisonment, with penalties varying based on the severity of the breach. It is crucial for entities operating under this Determination to be fully aware of their obligations to avoid these potential consequences.