Radiocommunications (Foreign Space Objects) Amendment Determination 2001 (No. 1)
The AUSTRALIAN COMMUNICATIONS AUTHORITY makes this Determination under paragraph 16 (1) (ca) of the Radiocommunications Act 1992.
Dated 9 May 2001 A.J SHAW Chair R HORTON Deputy Chair
Australian Communications Authority
1 Name of Determination
This Determination is the Radiocommunications (Foreign Space Objects) Amendment Determination 2001 (No. 1).
2 Commencement
This Determination commences on gazettal.
3 Amendment of Radiocommunications (Foreign Space Objects) Determination 2000
Schedule 1 amends the Radiocommunications (Foreign Space Objects) Determination 2000.
Schedule 1 Amendments
(section 3)
[1] Section 3
substitute
2A Definitions
In this Determination:
Act means the Radiocommunications Act 1992.
class licence means the Radiocommunications (Communication with Space Object) Class Licence 1998.
Note The class licence was made by the ACA on 11 September 1998 and notified in the Gazette on 23 September 1998.
3 Application of Act outside Australia — foreign space objects operating in frequency range mentioned in class licence
The Act applies outside Australia in relation to a foreign space object if:
(a) the foreign space object:
(i) is owned, controlled, or operated by, or for, a company mentioned in Schedule 1; or
(ii) is a space object mentioned in Schedule 2; and
(b) a space station on the foreign space object is operating in a frequency range mentioned in subsection 6 (2) or (3) of the class licence to transmit radio emissions to, or receive radio emissions from, a station inside Australia.
Note Under section 5 of the Act, a foreign space object is defined to mean a space object (also defined in section 5 of the Act) that is not an Australian space object.
An Australian space object is defined in section 5 to mean a space object that the ACA determines in writing to be an Australian space object for the purposes of the Act (see the Radiocommunications (Australian Space Objects) Determination 2000).
3A Application of Act outside Australia — other foreign space objects
The Act applies outside Australia in relation to a foreign space object if:
(a) the object is owned, controlled, or operated by, or for, an entity mentioned in Schedule 3; and
(b) a space station on the foreign space object is operating in a frequency range that is not mentioned in subsection 6 (2) or (3) of the class licence; and
(c) the space station is operating to transmit radio emissions to, or receive radio emissions from, a station inside Australia.
[2] Schedule 1, heading
substitute
Schedule 1 Owners, controllers or operators of foreign space objects operating in frequency range mentioned in class licence
(subparagraph 3 (a) (i))
[3] Schedule 1, item 8
substitute
8 | ICO-Teledesic Global Limited (incorporated in the United States of America) |
[4] Schedule 1, after item 11
insert
12 | Astrolink International LLC (incorporated in the United States of America) |
[5] Schedule 2, heading
substitute
Schedule 2 Space objects operating in frequency range mentioned in class licence
(subparagraph 3 (a) (ii))
[6] After Schedule 2
insert
Schedule 3 Owners, controllers or operators of other space objects
(paragraph 3A (a))
Item | Entity owning, controlling or operating foreign space object |
1 | Binariang Satellite Systems SDN. BHD (incorporated in Malaysia) (also known as BSS) |
2 | Intelsat Ltd (incorporated in Bermuda) |
Overview
The Radiocommunications (Foreign Space Objects) Amendment Determination 2001 (No. 1) was enacted by the Australian Communications Authority (ACA) under the authority of the Radiocommunications Act 1992. This legislative instrument was introduced to address the need for regulating the radiocommunication activities of foreign space objects operating within the frequency ranges specified in the Radiocommunications (Communication with Space Object) Class Licence 1998. The determination specifically amends the Radiocommunications (Foreign Space Objects) Determination 2000 to refine the application of the Radiocommunications Act 1992 to foreign space objects, ensuring clarity and precision in the regulatory framework governing space object operations that affect Australian stations. The policy objective behind this amendment is to provide a robust regulatory environment that accommodates the evolving nature of space communications while safeguarding Australia’s communication infrastructure.
Scope and Application
The Radiocommunications (Foreign Space Objects) Amendment Determination 2001 (No. 1) amends the Radiocommunications (Foreign Space Objects) Determination 2000, extending the application of the Radiocommunications Act 1992 to foreign space objects under specific circumstances. The Act applies outside Australia to foreign space objects if they are owned, controlled, or operated by entities listed in Schedule 1 or 3 of the Determination and if they are engaged in radio transmissions to or from a station inside Australia. Specifically, the Act applies to space objects operating within certain frequency ranges as outlined in the Radiocommunications (Communication with Space Object) Class Licence 1998, as well as those operating in other frequency ranges not covered by the Class Licence. This jurisdictional reach ensures that foreign space objects, including those linked to entities such as ICO-Teledesic Global Limited and Astrolink International LLC, are subject to Australian regulatory oversight when they engage in radiocommunications with Australian stations. This Determination is integral in governing the use of space resources and ensuring compliance with Australian telecommunications regulations.
Key Provisions
The Radiocommunications (Foreign Space Objects) Amendment Determination 2001 (No. 1) amends the Radiocommunications (Foreign Space Objects) Determination 2000. Specifically, it alters the definitions and the application of the Radiocommunications Act 1992 (the "Act") to foreign space objects. Section 2A amends the definition of terms such as "class licence" and "Act," and introduces new entities into Schedules 1 and 3.
The primary obligation imposed by this Determination is the extension of the Act's scope to foreign space objects under specific conditions. For instance, Section 3 applies the Act to foreign space objects owned, controlled, or operated by entities listed in Schedule 1 if they are operating within a specified frequency range, as mentioned in the Radiocommunications (Communication with Space Object) Class Licence 1998 (subsection 6 (2) or (3)) and are transmitting to or receiving from a station inside Australia. Similarly, Section 3A extends the application of the Act to foreign space objects operating in other frequency ranges but still transmitting to or receiving from a station inside Australia. This is applicable to entities listed in Schedule 3.
Breaching the provisions of this Determination could result in significant legal consequences. While the Determination itself does not explicitly state penalties, violations of the Radiocommunications Act 1992, to which this Determination is subordinate, could lead to civil or criminal penalties. The maximum penalties for contravening the Radiocommunications Act 1992 can include fines of up to $1.1 million for corporations and up to $220,000 for individuals, along with potential imprisonment terms depending on the severity of the offence. Therefore, entities and individuals governed by this Determination must ensure strict compliance to avoid these severe repercussions.