Radiocommunications (Foreign Space Objects) Amendment Determination 2008 (No. 2)

Administered by Department of Communications and the Arts

Legislation au F2008L04440 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

Issued by the authority of the Australian Communications and Media Authority

 

Radiocommunications (Foreign Space Objects) Amendment Determination 2008 (No. 2)

 

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 (the LIA).

 

Purpose

 

The Radiocommunications (Foreign Space Objects) Amendment Determination 2008 (No. 2) (the Amendment Determination), was made in order to reflect a change of name of a corporate entity appearing in both schedules 1 and 3 of the Radiocommunications (Foreign Space Objects) Determination 2000 (the Determination).

 

Background

 

ACMA is empowered to regulate the use of Australian spectrum[1] by foreign space objects provided that 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”. The Determination was made by the Australian Communications Authority on 6 July 2000.

 

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 using 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 concluded that 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, ACMA determined (under the self-assessment regime administered by the Office of Best Practice Regulation), that 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 069.

 

Consultation

 

Section 17 of the LIA, 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 amending the Determination. ACMA made this Amendment Determination following a request from a satellite operator 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 LIA.

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 2008 (No. 2).

 

Section 2 - Commencement

 

Section 2 provides that the Amendment 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 amends the Radiocommunications (Foreign Space Objects) Determination 2000.

 

Schedule 1 – Amendments

 

Item 1   Schedule 1, item 14

 

Item 1 substitutes SES New Skies (incorporated in the Netherlands) with New Skies Satellites B.V. (incorporated in the Netherlands) in Schedule 1 of the Determination.

 

Item 2 Schedule 3, item 4

 

Item 2 substitutes SES New Skies (incorporated in the Netherlands) with New Skies Satellites B.V. (incorporated in the Netherlands) in Schedule 3 of the Determination.

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

Overview

The Radiocommunications (Foreign Space Objects) Amendment Determination 2008 (No. 2) was enacted to amend the Radiocommunications (Foreign Space Objects) Determination 2000, addressing the need to update the names of entities listed in the original determination due to corporate changes. This amendment ensures that the Australian Communications and Media Authority (ACMA) can continue to regulate foreign space objects using Australian spectrum accurately. The Radiocommunications Act 1992 empowers ACMA to specify the circumstances under which foreign space objects are subject to the Act, and this amendment ensures the Determination remains current and accurate. ACMA, following a request from a satellite operator, determined that the amendment was minor and did not require extensive consultation, as it did not substantially affect existing arrangements. This amendment reflects the ongoing need to maintain the accuracy of regulatory frameworks as entities evolve.

Scope and Application

The Radiocommunications (Foreign Space Objects) Amendment Determination 2008 (No. 2) applies to foreign space objects as specified in the Radiocommunications Act 1992, allowing the Australian Communications and Media Authority (ACMA) to regulate the use of Australian spectrum by these objects. This applies to entities such as companies operating foreign space objects that use Australian spectrum, and these objects are subject to the Act outside Australia in the circumstances specified in a written determination by ACMA. The Amendment Determination modifies the Radiocommunications (Foreign Space Objects) Determination 2000 to reflect changes in the names of corporate entities involved in the operation of these foreign space objects. The Amendment Determination is a disallowable instrument under the Legislative Instruments Act 2003 and specifies amendments to Schedules 1 and 3 of the 2000 Determination, substituting "SES New Skies (incorporated in the Netherlands)" with "New Skies Satellites B.V. (incorporated in the Netherlands)". This Amendment Determination is effective from the day after it is registered and does not impose any competition impacts or consequential compliance costs. ACMA has determined that there is no need for a Business Cost Calculator report or a Regulation Impact Statement due to the minor and machinery nature of the amendment.

Key Provisions

The main operative sections of the Radiocommunications (Foreign Space Objects) Amendment Determination 2008 (No. 2) (paragraph 16(1)(ca) of the Radiocommunications Act 1992) concern the regulation of foreign space objects using Australian spectrum. This Determination specifies the circumstances under which the Radiocommunications Act applies to such objects, allowing the Australian Communications and Media Authority (ACMA) to regulate their use. Specifically, this Amendment Determination updates the names of corporate entities involved in the use of Australian spectrum by foreign space objects. It substitutes "SES New Skies (incorporated in the Netherlands)" with "New Skies Satellites B.V. (incorporated in the Netherlands)" in both Schedule 1 and Schedule 3 of the original Radiocommunications (Foreign Space Objects) Determination 2000. This change aims to reflect the accurate corporate identity of the entities involved. The Amendment Determination imposes specific obligations and requirements on entities operating foreign space objects that use Australian spectrum. ACMA must be satisfied that any necessary consultation has been undertaken before making amendments to the Determination, as required by Section 17 of the Legislative Instruments Act 2003 (LIA). This Determination was made following a request from a satellite operator, and ACMA considers further external consultation unnecessary because the amendment is minor and does not substantially affect existing arrangements. The Amendment Determination also ensures that ACMA can issue radiocommunications licenses that authorise the operation of space stations on these foreign space objects. Once a satellite operator holds the necessary space or space receive licenses, the operation of earth stations that communicate with the licensed space stations can be authorised under the Radiocommunications (Communication with Space Objects) Class Licence 1998, but only on the specified frequencies. There are no specific offences, penalties, or civil/criminal consequences outlined in this Amendment Determination itself. However, the overarching Radiocommunications Act 1992 provides a framework for enforcement, where breaches of the Act may result in penalties. For example, unauthorised use of Australian spectrum by foreign space objects could lead to significant penalties under the Act, including fines or other civil remedies. The precise penalties depend on the nature and severity of the breach but are determined according to the provisions of the Radiocommunications Act. It is important for entities to comply with the requirements set out in the Determination to avoid any potential enforcement actions under the Act.

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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.