Radiocommunications (Foreign Space Objects) Amendment Determination 2006 (No. 2)

Overview

The Radiocommunications (Foreign Space Objects) Amendment Determination 2006 (No. 2) was enacted to address the need for updated regulatory oversight following corporate changes among foreign entities operating space objects within Australian spectrum. This Determination, introduced by the Australian Communications and Media Authority (ACMA), aligns with the legislative framework provided by the Radiocommunications Act 1992. The primary policy objective is to ensure that ACMA can effectively regulate the use of Australian spectrum by foreign space objects, thus maintaining the integrity and efficiency of Australia's spectrum usage. This Determination specifically rectifies the name change from New Skies Satellites B.V. to SES New Skies (incorporated in the Netherlands) to ensure continued regulatory compliance and oversight. By amending the 2000 Determination, ACMA ensures that the regulatory scope accurately reflects current corporate entities, thereby facilitating the licensing and operation of foreign space objects in Australian spectrum.

Scope and Application

The Radiocommunications (Foreign Space Objects) Amendment Determination 2006 (No. 2) amends the Radiocommunications (Foreign Space Objects) Determination 2000, which specifies circumstances under which foreign space objects are subject to the Radiocommunications Act 1992. This amendment was necessitated by the acquisition of New Skies Satellites B.V. by SES Global S.A., resulting in a change of the company name to SES New Skies. The Act applies to foreign space objects, and the circumstances in which they are subject to the Act are specified in a written determination by the Australian Communications and Media Authority (ACMA). The primary application of the Act is to regulate the use of Australian spectrum by these foreign space objects, allowing ACMA to issue radiocommunications licences that authorise the operation of space stations on those objects. The amendment reflects the change in company name and ensures that the Determination accurately specifies the entities subject to the Act. The Amendment Determination is a disallowable instrument under the Legislative Instruments Act 2003. The determination specifies the foreign companies and networks that operate space objects and use Australian spectrum. Once these companies are included in the Determination, ACMA can regulate the use of Australian spectrum by those foreign space objects. The amendment to the Determination is made to maintain the accuracy of the information specified and to reflect any changes such as a company commencing operations in Australian spectrum, ceasing to use Australian spectrum, or changing its name. The Office of Best Practice Regulation did not require a Regulation Impact Statement for this amendment.

Key Provisions

The Radiocommunications (Foreign Space Objects) Amendment Determination 2006 (No. 2) amends the Radiocommunications (Foreign Space Objects) Determination 2000. This amendment was necessitated by the acquisition of New Skies Satellites B.V. by SES Global S.A., resulting in a change of the company name to SES New Skies. The amendment updates the Determination to reflect this change and ensure continued regulatory oversight over the use of Australian spectrum by foreign space objects. The key provisions of this Amendment Determination are found in Section 3, which details the changes made through Schedule 1. The primary change is the substitution of the previous company name, New Skies Satellites B.V., with SES New Skies (incorporated in the Netherlands), reflecting the corporate acquisition and name change. The obligations imposed by the Radiocommunications (Foreign Space Objects) Amendment Determination 2006 (No. 2) primarily pertain to the regulatory authority of ACMA over the use of Australian spectrum by foreign space objects. The Determination specifies the entities that ACMA can regulate, allowing ACMA to issue radiocommunications licences that authorise the operation of space stations on specified foreign space objects. This means that SES New Skies, as the entity now specified in the Determination, must comply with any licensing requirements imposed by ACMA. The Determination also clarifies that while ACMA regulates the use of Australian spectrum, the countries responsible for the administration of all other aspects of the space objects remain accountable to the international community. The Radiocommunications (Foreign Space Objects) Amendment Determination 2006 (No. 2) does not explicitly outline specific offences, penalties, or consequences for breach. However, the overarching Radiocommunications Act 1992 (the Act) does provide a framework for such consequences. Under the Act, breaches of regulations or non-compliance with licensing requirements can result in both civil and criminal penalties. Civil penalties may include fines, while criminal penalties can include imprisonment and/or fines, depending on the severity of the breach. The maximum penalties would be determined by the specific provisions of the Act that apply to the breach in question. In summary, the Radiocommunications (Foreign Space Objects) Amendment Determination 2006 (No. 2) updates the regulatory framework for foreign space objects using Australian spectrum by reflecting the corporate acquisition and name change from New Skies Satellites B.V. to SES New Skies. The Determination imposes obligations on SES New Skies to comply with ACMA’s licensing requirements and ensures that ACMA can continue to regulate the use of Australian spectrum by foreign space objects. While the Amendment Determination itself does not specify penalties, the broader legislative framework provided by the Radiocommunications Act 1992 outlines potential civil and criminal consequences for non-compliance.