Radiocommunications (Foreign Space Objects) Amendment Determination 2005 (No. 1)

Overview

The Radiocommunications (Foreign Space Objects) Amendment Determination 2005 (No. 1) was enacted to address a gap in the Radiocommunications Act 1992, which was identified following a change in the ownership structure of a foreign company operating a space object using Australian spectrum. The Australian Communications and Media Authority (ACMA) was required to update the Radiocommunications (Foreign Space Objects) Determination 2000 to reflect this change. This amendment is a minor adjustment and follows the legislative process outlined in the Legislative Instruments Act 2003, allowing for the swift modification of the existing Determination without the need for a Regulation Impact Statement. The policy objective of the Determination is to ensure that foreign space objects are regulated to the extent necessary for licensing the use of Australian spectrum, while other aspects of the space objects remain under the jurisdiction of the respective countries. The Radiocommunications Act 1992 was amended to introduce the concept of ‘space object’ and remove the term ‘Australian satellite’, enabling ACMA to regulate all types of space objects, including satellites and launch vehicles. Under section 16 of the Act, ACMA has the authority to specify circumstances in which foreign space objects are subject to the Act. This Determination serves to update the list of foreign companies and networks that operate space objects using Australian spectrum, allowing ACMA to issue necessary radiocommunications licences. The operation of earth stations that communicate with licensed space stations is governed by the Radiocommunications (Communication with Space Objects) Class Licence 1998, but only on the specified frequencies.

Scope and Application

The Radiocommunications (Foreign Space Objects) Amendment Determination 2005 (No.1) amends the Radiocommunications (Foreign Space Objects) Determination 2000 to reflect a change in the ownership structure of New Skies Satellites N.V., now operating under the name New Skies Satellites B.V. This amendment is necessary to ensure the continued applicability of the Radiocommunications Act 1992 to the specified foreign space object. The Act applies to foreign space objects under the conditions specified in a written determination by the Australian Communications and Media Authority (ACMA). ACMA is empowered by section 16(1)(ca) of the Act to regulate foreign space objects that use Australian spectrum, thereby issuing radiocommunications licences for the operation of space stations on these objects. The amendment does not alter the existing regulatory framework but ensures accuracy in the identification of entities subject to the Act, maintaining the balance between domestic regulation and international obligations. The amendment is a minor, machinery-in-nature change that does not require further consultation or a Regulation Impact Statement.

Key Provisions

The Radiocommunications (Foreign Space Objects) Amendment Determination 2005 (No.1) amends the Radiocommunications (Foreign Space Objects) Determination 2000 by updating the name of a company that owns, controls, or operates a foreign space object (section 3). Specifically, it replaces the former company name, New Skies Satellites N.V., with the new name, New Skies Satellites B.V, following a change in the company's ownership structure (Schedule 1, Item 1 and Item 2). The Amendment Determination is effective from the day after it is registered (section 2). The Amendment Determination imposes an obligation on the Australian Communications and Media Authority (ACMA) to regulate the use of Australian spectrum by foreign space objects. ACMA can only exercise this regulatory authority if the foreign space objects are specified in a written determination by ACMA under paragraph 16(1)(ca) of the Radiocommunications Act 1992. The policy objective of such regulation is to license the use of Australian spectrum by satellite networks on these foreign space objects (section 16 of the Act). Once a foreign company or network is included in the Determination, ACMA can issue radiocommunications licenses to authorise the operation of space stations on those space objects. The operation of earth stations that communicate with these licensed space stations is then authorised by the Radiocommunications (Communication with Space Objects) Class Licence 1998, but only on the frequencies mentioned in the Class Licence. Failure to comply with the requirements of the Amendment Determination may result in civil or criminal consequences. Under the Radiocommunications Act 1992, any person who contravenes a provision of the Act or a licence issued under the Act may be liable to a civil penalty not exceeding the greater of $110,000 or three times the benefit obtained by the person as a result of the contravention (section 217). Additionally, a person who intentionally contravenes a provision of the Act may be guilty of a criminal offence and liable to a penalty not exceeding $550,000 for a body corporate (section 218). The maximum penalties are higher for repeat offenders or for serious or persistent offences. The Amendment Determination is a minor and machinery amendment that does not alter existing arrangements, and therefore consultation was not undertaken as required by section 17 of the Legislative Instruments Act 2003. Furthermore, the Office of Regulation Review did not require a Regulation Impact Statement for this issue, as per section 18 of the Legislative Instruments Act 2003. The RIS identification number for this issue is 7027.