Radiocommunications (Communication with Space Object) Class Licence Consequential Amendments Instrument 2015

Administered by Department of Communications and the Arts

Legislation au F2015L01488 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Issued by the Australian Communications and Media Authority

Radiocommunications (Communication with Space Object) Class Licence Consequential Amendments Instrument 2015

 

Radiocommunications Act 1992

 


Purpose 

The Australian Communications and Media Authority (the ACMA) has made the Radiocommunications (Communication with Space Object) Class Licence Consequential Amendments Instrument 2015 (the consequential amendments instrument) to vary the Radiocommunications (Prohibited Device) (RNSS Jamming Devices) Declaration 2014 (the jamming prohibition) and the Radiocommunications (Foreign Space Objects) Determination 2014 (the foreign space objects determination).

Legislative Provisions – the jamming prohibition

Under section 190 of the Radiocommunications Act 1992 (the Act), the ACMA may, by notice published in one or more newspapers circulating generally in the capital city of each State or Territory, declare that operation or supply, or possession for the purpose of operation or supply, of a specified device is prohibited for the reasons set out in the notice. The jamming prohibition is a legislative instrument and may be subject to disallowance in accordance with section 42 of the Legislative Instruments Act 2003 (LIA).

Section 189 of the Act prohibits the operation or supply, or possession for the purpose of operation or supply, of devices for which a declaration is in force under section 190. 

Subsection 33(3) of the Acts Interpretation Act 1901 (AIA) provides that where an Act confers a power to make a legislative instrument, the power shall be construed to include a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend or vary any such instrument. 

Legislative Provisions – the foreign space objects determination

Subsection 16(1)(ca) of the Act gives the ACMA the power to specify in a determination the circumstances in which foreign space objects are subject to the Act.

A determination made under paragraph 16(1)(ca) of the Act is a legislative instrument and may be subject to disallowance in accordance with section 42 of the LIA.

Subsection 33(3) of the AIA has the effect described above.

Background

The ACMA has made the Radiocommunications (Communication with Space Object) Class Licence 2015 and the Radiocommunications (Radionavigation-Satellite Service) Class Licence 2015, and has revoked the previous Radiocommunications (Communication with Space Object) Class Licence 1998. As a result, the foreign space objects determination and the jamming prohibition each require minor consequential amendments.

 

Consultation

Subsection 17(1) of the LIA requires that, before the ACMA makes a legislative instrument, it must be satisfied that any consultation that the ACMA considers is appropriate and reasonably practicable to undertake, has been undertaken. In addition, before the ACMA may make a declaration under section 190(1) of the Act (or, by operation of subsection 33(3) of the AIA, amend such a declaration), subsection 191(1) requires the ACMA to publish a notice on its website inviting interested persons to make representations in relation to the declaration or amendment to the declaration within a period of at least one month.

Between 3 August 2015 and 3 September 2015, the ACMA conducted a formal public consultation process in relation to the consequential amendments instrument. A consultation paper was made available on the ACMA website. Interested parties were notified of the release of the consultation paper and invited to comment.

The ACMA received 4 written submissions in response to the consultation paper and all submissions were considered before the ACMA made the consequential amendments instrument.

Regulation Impact

The Office of Best Practice Regulation (OBPR) has considered the matter and formed the opinion that the proposed amendments have no more than a minor regulatory impact. Accordingly, OBPR advised that a Regulation Impact Statement was not required. The OBPR exemption number is ID 18253.

Detailed description of the instrument

Details of the consequential amendments instrument are set out in Attachment A.

Statement of Compatibility with Human Rights

As required under the Human Rights (Parliamentary Scrutiny) Act 2011, a Statement of Compatibility with Human Rights has been prepared by the ACMA and is at Attachment B.

Attachment A

Detailed description of the Radiocommunications (Communication with Space Object) Class Licence Consequential Amendments Instrument 2015

Section 1 Name of Instrument

Section 1 provides that the instrument is the Radiocommunications (Communication with Space Object) Class Licence Consequential Amendments Instrument 2015.

Section 2 Commencement

Section 2 provides that the instrument commences on the day that the Radiocommunications (Communication with Space Object) Class Licence 2015 commences.

Section 3 Amendment – Radiocommunications (Foreign Space Objects) Determination 2014

Section 3 provides that Schedule 1 amends the foreign space objects determination.

Section 4 Amendment – Radiocommunications (Prohibited Device) (RNSS Jamming Devices) Declaration 2014

Section 4 provides that Schedule 2 amends the jamming prohibition.

Schedule 1 

Schedule 1 amends the foreign space objects determination. These amendments are to update definitions and references to refer to the Radiocommunications (Communication with Space Object) Class Licence 2015 (see items 1 and 3). Amendments are also made by items 2, 4, 5 and  to remove references to certain foreign space objects operating in frequency ranges mentioned in the previous Radiocommunications (Communications with Space Object) Class Licence 1998 that are now authorised by the Radiocommunication (Radionavigation-Satellite Service) Class Licence 2015.

The changes made through the Radiocommunications (Communications with Space Object) Class Licence 2015 and the Radiocommunications (Radionavigation-Satellite Service) Class Licence 2015 to the licensing regime for the radionavigation-satellite service, mean that there is no longer a requirement for the inclusion of Schedule 2 in the foreign space objects determination.

Schedule 2 

Schedule 2 amends the jamming prohibition to update the definition of RNSS radiocommunications to refer to the Radiocommunications (Radionavigation-Satellite Service) Class Licence 2015 and to update a note to the definitions section.


Attachment B

 

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Radiocommunications (Communication with Space Object) Class Licence Consequential Amendments Instrument 2015

 

The legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Legislative Instrument

The Radiocommunications (Communication with Space Objects) Class Licence Consequential Amendments Instrument 2015 (the consequential amendments instrument) makes minor and consequential amendments to the Radiocommunications (Prohibited Device) (RNSS Jamming Devices) Declaration 2014 (the jamming prohibition) and the Radiocommunications (Foreign Space Objects) Determination 2014 (the foreign space objects determination) without making any significant changes to the regulatory arrangements created by those instruments.

The jamming prohibition prohibits the operation and supply, or the possession for the purpose of operation or supply, of radio-navigation satellite service jamming devices. The changes made by the consequential amendments instrument are minor and machinery, updating references to RNSS radiocommunications to be consistent with the class licence arrangements for RNSS receivers under the Radiocommunications (Radionavigation-Satellite Service) Class Licence 2015. They do not change the effect or operation of the jamming prohibition.

The foreign space objects determination lists the foreign space objects to which the Radiocommunications Act 1992 (the Act) applies and the circumstances in which the the Act applies to them. The changes made by the consequential amendments instrument are minor, updating references and definitions and removing unnecessary references to certain foreign space objects operated to provide GPS in particular frequency ranges.

Human Rights Implications

The legislative instrument does not engage any of the applicable rights or freedoms.

Conclusion

The legislative instrument is compatible with human rights as it does not raise any human rights issues.

 

 

 

Overview

The Radiocommunications (Communication with Space Object) Class Licence Consequential Amendments Instrument 2015, made by the Australian Communications and Media Authority (ACMA), is an instrument designed to amend two existing legislative instruments: the Radiocommunications (Prohibited Device) (RNSS Jamming Devices) Declaration 2014 and the Radiocommunications (Foreign Space Objects) Determination 2014. These amendments were necessitated by the introduction of the Radiocommunications (Communication with Space Object) Class Licence 2015 and the Radiocommunications (Radionavigation-Satellite Service) Class Licence 2015, which replaced the older Radiocommunications (Communication with Space Object) Class Licence 1998. The purpose of these amendments is to update definitions, references, and regulatory references to ensure consistency with the new class licence arrangements, without altering the fundamental regulatory intent or scope of the original instruments. The instrument is subject to disallowance and adheres to the requirements of the Legislative Instruments Act 2003 and the Acts Interpretation Act 1901. The ACMA undertook a formal public consultation process and received submissions from interested parties, which were considered before the instrument was finalised. The Office of Best Practice Regulation has determined that the amendments have a minor regulatory impact, and therefore, a Regulation Impact Statement was not required.

Scope and Application

The Radiocommunications (Communication with Space Object) Class Licence Consequential Amendments Instrument 2015 applies to the amendments of two existing instruments under the Radiocommunications Act 1992, specifically the Radiocommunications (Prohibited Device) (RNSS Jamming Devices) Declaration 2014 and the Radiocommunications (Foreign Space Objects) Determination 2014. These amendments are made necessary due to the introduction of new class licences for radiocommunications with space objects and the radionavigation-satellite service. The Act applies to all entities and individuals involved in the communication with space objects within the jurisdiction of Australia, including both domestic and foreign entities. The amendments do not introduce new regulatory thresholds or exclusions but instead refine existing provisions to ensure consistency with the updated class licences. The amendments are geographically confined to Australia and its territorial waters, and they do not extend to international waters or other countries' territories. The consequential amendments instrument is subject to disallowance under the Legislative Instruments Act 2003 and aligns with the Acts Interpretation Act 1901 in terms of legislative power. The ACMA undertook a formal consultation process and deemed the amendments to have a minor regulatory impact, thus not requiring a Regulation Impact Statement.

Key Provisions

The main operative sections of the Radiocommunications (Communication with Space Object) Class Licence Consequential Amendments Instrument 2015 (consequential amendments instrument) include sections 3 and 4, which amend the Radiocommunications (Foreign Space Objects) Determination 2014 and the Radiocommunications (Prohibited Device) (RNSS Jamming Devices) Declaration 2014, respectively (Section 2, 3, and 4). Section 3 updates the foreign space objects determination by amending definitions and references to reflect the changes in the Radiocommunications (Communication with Space Object) Class Licence 2015, while section 4 updates the jamming prohibition by aligning the definition of RNSS radiocommunications with the Radiocommunications (Radionavigation-Satellite Service) Class Licence 2015. These amendments are designed to ensure consistency and accuracy in the references to the new licensing regime for radionavigation-satellite service. The obligations and requirements imposed by the Act on the parties or entities it governs include the prohibition of the operation or supply, or possession for the purpose of operation or supply, of devices that are declared under section 190 of the Act (Section 189). Specifically, the jamming prohibition under section 190 prevents the use of RNSS jamming devices, which are devices that can interfere with radio-navigation satellite services. Additionally, the foreign space objects determination specifies the circumstances in which the Act applies to foreign space objects, ensuring that the regulatory framework is properly aligned with the new class licences. The Act also imposes certain offences, penalties, or civil/criminal consequences for breaches. While the explanatory statement does not explicitly mention penalties, the overarching Radiocommunications Act 1992 generally provides for offences related to non-compliance with the regulations, which may include fines or other penalties as specified in the Act (Section 190, 189). These consequences serve to enforce compliance and maintain the integrity of the radiocommunications regulatory framework. Overall, the consequential amendments instrument ensures that the regulatory framework is updated to reflect the changes in the class licences for communication with space objects, maintaining consistency and alignment with the new licensing arrangements. The minor amendments to the foreign space objects determination and the jamming prohibition do not alter the fundamental regulatory intent but rather ensure that the references and definitions are accurate and up to date.

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