Radiocommunications (Australian Space Objects) Determination 2000

Administered by Department of Communications and the Arts

Legislation au F2005B00079 Not in force Legislative Instrument

Legislation content

Radiocommunications (Australian Space Objects) Determination 2000

as amended

made under section 5 of the

Radiocommunications Act 1992

This compilation was prepared on 7 March 2005
taking into account amendments up to Radiocommunications (Australian Space Objects) Amendment Determination 2002 (No. 1)

Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department, Canberra

Contents

 1 Name of Determination [see Note 1]

 2 Commencement [see Note 1]

 3 Definitions 

 4 Australian space objects 

 5 Revocation of Radiocommunications (Australian Space Objects) Determination 2000

Notes  

 

 

 

1 Name of Determination [see Note 1]

  This Determination is the Radiocommunications (Australian Space Objects) Determination 2000.

2 Commencement [see Note 1]

  This Determination commences on gazettal.

3 Definitions

  In this Determination:

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.

launch vehicle means a vehicle that can carry a payload into, or back from, outer space but does not include any payload carried by the vehicle.

payload has the same meaning as it has in the Space Activities Act 1998.

4 Australian space objects

  Each of the following space objects is determined to be an Australian space object for the purposes of the Radiocommunications Act 1992:

 (a) a satellite operated by, or for, the Department of Communications, Information Technology and the Arts;

 (b) a satellite operated by, or for, the Department of Defence;

 (c) a satellite operated by, or for, 1 or more Core Participants of the Cooperative Research Centre for Satellite Systems;

 (d) a satellite operated by, or for, Optus Networks Pty Limited (ACN 008 570 330);

 (e) a satellite operated by, or for, KITComm Pty Ltd (ACN 067 098 033);

 (f) a satellite operated by, or for, AsiaSpace Limited (ACN 068 078 731);

 (g) a satellite operated by, or for, PanAmSat Asia Pty Ltd (ACN 062 979 784);

 (h) a satellite operated by, or for, Australian S2COM Pty Ltd (ACN 086 729 697);

 (i) a satellite operated by, or for, Kagoe Communications Pty Ltd (ACN 095 182 817);

 (j) a launch vehicle that commences its flight in Australia.

5 Revocation of Radiocommunications (Australian Space Objects) Determination 2000

  Radiocommunications (Australian Space Objects) Determination 2000, made by the ACA on 26 May 2000 and notified in the Gazette on 30 May 2000, is revoked.

Notes to the Radiocommunications (Australian Space Objects) Determination 2000

Note 1

The Radiocommunications (Australian Space Objects) Determination 2000 (in force under section 5 of the Radiocommunications Act 1992) as shown in this compilation is amended as indicated in the Tables below.

Table of Instruments

Title

Date of notification
in Gazette or FRLI registration

Date of
commencement

Application, saving or
transitional provisions

Radiocommunications (Australian Space Objects) Determination 2000 (No. 2)

8 July 2000
(see Gazette 2000, No. S386)

8 July 2000

 

Radiocommunications (Australian Space Objects) Amendment Determination 2001 (No. 1)

9 May 2001
(see Gazette 2001, No. GN18)

9 May 2001

Radiocommunications (Australian Space Objects) Amendment Determination 2002 (No. 1)

9 Oct 2002
(see Gazette 2002, No. GN40)

9 Oct 2002

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

S. 1.................

rs. 2001 No. 1

S. 3.................

am. 2002 No. 1

S. 4.................

am. 2001 No. 1; 2002 No. 1

 

Overview

The Radiocommunications (Australian Space Objects) Determination 2000, as amended, was enacted under the authority of the Radiocommunications Act 1992. The primary objective of this Determination is to identify Australian space objects for the purposes of radiocommunications regulation, thereby ensuring that Australia's regulatory framework aligns with its growing involvement in space activities. This legislative instrument was introduced to address the need for a clear and updated definition of what constitutes an Australian space object, facilitating effective oversight and management of space-related radiocommunications. The determination was made by the Australian Communications Authority (ACA) and has since been subject to amendments to reflect changes in the space industry and to incorporate new participants in space activities. The policy objective is to provide a comprehensive and up-to-date framework that governs the use of radio frequencies by Australian space objects, ensuring they operate within the legal parameters set by the Radiocommunications Act 1992.

Scope and Application

The Radiocommunications (Australian Space Objects) Determination 2000, as amended, is a legislative instrument made under section 5 of the Radiocommunications Act 1992. It applies to specific entities and objects involved in space activities within Australia, particularly focusing on the regulation of radiocommunications for Australian space objects. The determination identifies certain satellites and launch vehicles as Australian space objects for the purposes of the Radiocommunications Act 1992. These include satellites operated by or for various government departments, entities associated with the Cooperative Research Centre for Satellite Systems, and commercial entities such as Optus Networks Pty Limited and others. Furthermore, the determination specifies that any launch vehicle that commences its flight in Australia is also considered an Australian space object. The scope of this determination is national, applying across Australia and aligning with the overarching objectives of the Radiocommunications Act 1992. The application of this determination may be further extended or refined through subordinate instruments, although no specific exclusions, exemptions, or thresholds are detailed within the provided text.

Key Provisions

The Radiocommunications (Australian Space Objects) Determination 2000, as amended, primarily serves to identify and classify specific space objects as Australian for the purposes of the Radiocommunications Act 1992. According to Section 4, the determination includes a list of satellites operated by various departments and entities, such as the Department of Communications, Information Technology and the Arts, the Department of Defence, and certain corporations including Optus Networks Pty Limited, KITComm Pty Ltd, AsiaSpace Limited, and others, as Australian space objects. Additionally, any launch vehicle that begins its flight in Australia is also classified as an Australian space object under this Determination (Section 4(j)). These provisions are essential for applying radiocommunications regulations to Australian space objects. The entities or parties governed by this Determination are required to ensure that their space objects, as specified, comply with the Radiocommunications Act 1992. This includes adhering to any licensing, frequency allocation, and operational standards stipulated by the Act. The Determination also mandates that these entities report any changes in their operations that might affect their status as Australian space objects, ensuring continuous compliance with the legislative framework. The obligations are detailed in Section 4, which lists the specific entities and types of space objects that are subject to the Determination. Breaches of the obligations outlined in the Radiocommunications Act 1992, which this Determination supports, can result in various legal consequences. These may include fines, imprisonment, or other penalties as prescribed by the Act. The specific penalties for non-compliance are not detailed in this Determination but are found within the Radiocommunications Act 1992 itself. It is essential for entities to be aware of and comply with the broader legislative requirements to avoid facing these potential consequences.

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