Radiocommunications (Foreign Space Objects) Amendment Determination 2007 (No. 1)

Administered by Department of Communications and the Arts

Legislation au F2007L01931 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Issued by the authority of the Australian Communications and Media Authority

 

Radiocommunications (Foreign Space Objects) Amendment Determination 2007 (No. 1)

 

Radiocommunications Act 1992

 

Legislative Provisions

 

Paragraph 16(1)(ca) of the Radiocommunications Act 1992 (the Act) allows the Australian Communications and Media Authority (ACMA) to specify in a written 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 disallowable instrument for the purposes of section 5 of the Legislative Instruments Act 2003.

 

Purpose

 

The amendment was made to the Radiocommunications (Foreign Space Objects) Determination 2000 (the Determination), to include a new foreign company to facilitate the provision of their services to or from places in Australia.  Further amendments amended the name of two foreign companies that changed name.

 

Background

 

The Determination was made by the Australian Communications Authority, the predecessor to ACMA, on 6 July 2000 following amendment of the Act on 31 May 2000. This amendment removed the concept of ‘Australian satellite’ from the Act and replaced it with the concept of ‘space object’.

 

As a result of the 2000 amendment to the Act, ACMA is capable of determining when space objects are considered to be Australian space objects, and the circumstances in which particular foreign space objects are subject to the Act. This alteration also allows ACMA to regulate all types of space objects, including satellites and launch vehicles, rather than limiting the regulation of space objects to satellites.

 

ACMA is empowered to regulate the use of Australian spectrum[1] by foreign space objects. However, this can only be done if the foreign space objects are made subject to the Act. Section 16 of the Act specifies the persons and objects in relation to which the Act applies outside Australia. Paragraph 16(1)(ca) specifies that the Act applies to “foreign space objects, in the circumstances specified in a written determination by ACMA.”

 

In making a determination in accordance with paragraph 16(1)(ca), the objective is to regulate foreign space objects only to the extent necessary to license use of Australian spectrum by satellite networks on those foreign space objects. The countries that notified the satellite networks on those foreign space objects to the International Telecommunication Union remain responsible to the international community for the administration of all other aspects of those space objects.

 

The Determination specifies the foreign companies and networks that operate space objects and use Australian spectrum.  Once these companies have been included in the Determination, ACMA can regulate the use of Australian spectrum by those foreign space objects. ACMA is then able to issue radiocommunications licences that authorise the operation of space stations on those space objects. Once a satellite operator or service provider holds space or space receive licences to authorise operation of the space segment, the operation of earth stations that communicate with those licensed space stations can be authorised by the Radiocommunications (Communication with Space Objects) Class Licence 1998 (the Class Licence), but only on the frequencies mentioned in the Class Licence.

 

From time to time the circumstances specified in the Determination change. For example, a company not listed in the Determination may wish to commence operating a foreign space object in Australian spectrum space; a specified company may cease to use Australian spectrum; or a company name may change. Amendments to the Determination are made when considered necessary in order to reflect such changes and maintain the accuracy of the information specified in the Determination.

 

Regulation Impact

 

ACMA’s preliminary assessment of the Amendment Determination indicates it has no competition impacts on the parties to which it applies, and imposes no consequential compliance costs on the parties to which it applies. For those reasons, under the self-assessment regime administered by the Office of Best Practice Regulation, ACMA has determined there is no need to produce a Business Cost Calculator report or to prepare a Regulation Impact Statement. The ACMA RIS reference number is ACMA 009.

 

Consultation

 

Section 17 of the Legislative Instruments Act 2003, requires ACMA to be satisfied that any consultation that is considered by it to be appropriate and that is reasonably practicable to undertake, has been undertaken before making this amendment.  ACMA has made this amendment following requests from satellite operators and considers that further external consultation is unnecessary here, as the amendment is minor and machinery in nature, and will not substantially affect existing arrangements, as prescribed by Section 18 of the Legislative Instruments Act 2003.

Details of the Amendment Determination are set out in the notes in Attachment 1.

 


Attachment 1

 

Notes on the instrument

 

Section 1 – Name of Determination

 

Section 1 names the Determination as the Radiocommunications (Foreign Space Objects) Amendment Determination 2007 (No. 1).

 

Section 2 - Commencement

 

Section 2 provides that the Determination commences on the day after it is registered.

 

Section 3 – Amendment of the Radiocommunications (Foreign Space Objects) Determination 2000.

 

Section 3 provides that the Determination is amended through Schedule 1.

 

Schedule 1 – Amendments

 

Item [1]   Schedule 1, item 5

 

Replaces PanAmSat Corporation (incorporated in the United States of America) with Intelsat Corporation (incorporated in the United States of America) following a change of company name and ownership.

 

Item [2]   Schedule 1, after item 15

 

Inserts the Thuraya Satellite Telecommunications Company (incorporated in the United Arab Emirates) into Schedule 1 of the Determination. This extends the application of the Act to space objects owned, controlled or operated by the Thuraya Satellite Telecommunications Company.

 

Item [3] Schedule 3, items 1 and 2

 

Replaces Binariang Satellite Systems Sdn. Bhd. (incorporated in Malaysia) (also known as BSS) with  Measat Satellite Systems Sdn. Bhd (incorporated in Malaysia) following a change of company name.

 

Inserts Intelsat Ltd (incorporated in Bermuda) as item 2 and Intelsat Corporation (incorporated in the United States of America) as item 2A following a change of company name and ownership.

 

 

[1] Use of Australian spectrum is the use of spectrum to communicate with places in Australia.

Overview

The Radiocommunications (Foreign Space Objects) Amendment Determination 2007 (No. 1) was enacted to update and refine the regulatory framework concerning foreign space objects under the Radiocommunications Act 1992. This amendment was introduced to address the need for ACMA to effectively regulate the use of Australian spectrum by foreign space objects, such as satellites and launch vehicles, following the 2000 amendment to the Act. The amendment aimed to ensure that ACMA could regulate foreign space objects when necessary, while international responsibilities for these objects remained with the countries that notified the satellite networks to the International Telecommunication Union. The amendment was made by the Australian Communications and Media Authority (ACMA), the body responsible for regulating radiocommunications in Australia, in response to changes in the names and operations of certain foreign companies. This amendment was introduced following internal requests from satellite operators, and ACMA determined that further external consultation was unnecessary given the minor and machinery nature of the changes. The primary objective was to maintain the accuracy and relevance of the regulatory framework in accordance with evolving international circumstances and company operations. The amendment aimed to ensure that ACMA could continue to regulate the use of Australian spectrum by foreign space objects efficiently and effectively, thereby facilitating the provision of their services to or from Australia.

Scope and Application

The Radiocommunications (Foreign Space Objects) Amendment Determination 2007 (No. 1) amends the Radiocommunications (Foreign Space Objects) Determination 2000 to update the list of foreign companies whose space objects are subject to the Radiocommunications Act 1992. This amendment ensures that the Australian Communications and Media Authority (ACMA) can regulate the use of Australian spectrum by these foreign space objects. The Act applies to foreign space objects in the circumstances specified by ACMA, which is limited to regulating the use of Australian spectrum by these objects. The amendment includes changes such as the substitution of new company names and the addition of new companies that wish to operate space objects within Australian spectrum. The amendment is jurisdictional, applying to foreign space objects that operate within Australia, but ACMA’s regulatory authority is limited to spectrum use, while other aspects of the foreign space objects remain under the purview of their home countries. The amendment does not impose any new compliance costs or competition impacts, as determined by ACMA.

Key Provisions

The Radiocommunications (Foreign Space Objects) Amendment Determination 2007 (No. 1) amends the Radiocommunications (Foreign Space Objects) Determination 2000, as provided under paragraph 16(1)(ca) of the Radiocommunications Act 1992 (the Act). This amendment allows the Australian Communications and Media Authority (ACMA) to specify the circumstances in which foreign space objects are subject to the Act (section 1). The Determination takes effect from the day after it is registered (section 2). The primary purpose of this amendment is to include new foreign companies and update the names of existing companies that have undergone changes, thus facilitating the provision of their services to or from places in Australia. The Amendment Determination imposes obligations on the entities it governs, ensuring that foreign space objects and their operators comply with Australian regulations when using Australian spectrum. This includes the necessity for these entities to be listed in the Determination to be subject to ACMA's jurisdiction. The entities must also comply with any licensing requirements imposed by ACMA, which authorises the operation of space stations on these space objects. This regulation ensures that the use of Australian spectrum by foreign space objects is appropriately managed and authorised under the Act. The Act does not explicitly state penalties for breaches of the Amendment Determination. However, breaches of the Radiocommunications Act 1992 can lead to significant civil and criminal penalties. For instance, contravening the Act may result in fines, imprisonment, or both, depending on the severity of the breach. The maximum penalties can vary, but they are substantial enough to enforce compliance with the regulatory framework established by ACMA. This underscores the importance of adhering to the provisions set out in the Determination to avoid potential legal repercussions.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.