Radiocommunications (Foreign Space Objects) Amendment Determination 2017 (No. 1)

Administered by Department of Communications and the Arts

Legislation au F2017L01348 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

Approved by the Australian Communications and Media Authority

Radiocommunications Act 1992

Radiocommunications (Foreign Space Objects) Amendment Determination 2017 (No. 1)

Authority

The Australian Communications and Media Authority (the ACMA) has made the Radiocommunications (Foreign Space Objects) Amendment Determination 2017 (No. 1) (the instrument) under paragraph 16(1)(ca) of the Radiocommunications Act 1992 (the Act) and subsection 33(3) of the Acts Interpretation Act 1901 (the AIA).

Under paragraph 16(1)(ca), the Act applies outside Australia (whether or not in a foreign country), but only in relation to foreign space objects, in the circumstances specified in a determination by the ACMA.

Purpose of the instrument

The purpose of the instrument is to amend the Radiocommunications (Foreign Space Objects) Determination 2014 (the FSO Determination) by inserting “Network Access Associates Ltd (incorporated in the United Kingdom) into Schedule 1 of that Determination. .

Under subsection 46(1) of the Act, radiocommunications devices that are subject to the Act are required to be licensed. An example of such a radiocommunications device is an earth station receiver.

In certain planned radiofrequency bands, the ACMA supports the operation of ubiquitous earth stations without the requirement for individual licensing of those earth stations. For this to occur, either the operator of an Australian space object needs to be identified in the Radiocommunications (Australian Space Objects) Determination 2014, or the owner, controller or operator of a foreign space object needs to be identified in the FSO Determination. Satellite owners, controllers or operators listed in these determinations are able to apply for radiocommunication apparatus licences that authorise communications between space stations and earth stations.

Network Access Associates Ltd (which trades under the name “OneWeb”) is a foreign satellite company proposing a constellation of 648 low-Earth orbit satellites.

It has requested the ACMA to include its satellite system in the FSO Determination. The instrument amends Schedule 1 of the FSO Determination by adding Network Access Associates Ltd (incorporated in the United Kingdom) to the FSO Determination.

The inclusion of Network Access Associates Ltd in the FSO Determination will enable it to apply for radiocommunication apparatus licences that authorise communications between space stations and ubiquitous earth stations in frequency bands identified in the Radiocommunications (Communication with Space Object) Class Licence 2015.

Subsection 33(3) of the AIA provides that where an Act confers a power to make a legislative instrument, the power shall be construed to include a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend or vary any such instrument.

The instrument is a legislative instrument for the purposes of the Legislation Act 2003 (the LA).

 

Provisions of the instrument

The instrument has one substantive provision.

Section 4 and Schedule 1 of the instrument amend the FSO Determination by inserting “Network Access Associates Ltd (incorporated in the United Kingdom) into Schedule 1 of the FSO Determination.

Consultation

Before the instrument was made, the ACMA was satisfied that consultation was undertaken to the extent appropriate and reasonably practicable, in accordance with section 17 of the LA. 

Between 13 July 2017 and 18 August 2017, the ACMA conducted a formal public consultation process in relation to the instrument. A consultation paper and a draft of the instrument was made available on the ACMA website for comment.

The ACMA received two written submissions in response to the draft instrument. Neither submission objected to the proposed amendment.

Regulatory impact assessment

The Office of Best Practice Regulation (OBPR) has considered the matter and formed the opinion that the proposed variation is minor and machinery in nature. Accordingly, OBPR advised that a Regulation Impact Statement was not required. The OBPR reference ID number is 22362.  

Statement of compatibility with human rights

Human rights implications

The ACMA has assessed whether the instrument is compatible with human rights, being the rights and freedoms recognised or declared by the instruments listed in subsection 3(1) of the Human Rights (Parliamentary Scrutiny) Act 2011 as they apply to Australia.

Having considered the likely impact of the instrument and the nature of the applicable rights and freedoms, the ACMA has formed the view that the instrument does not engage any of those rights or freedoms. 

 

 

 

Overview

The Radiocommunications (Foreign Space Objects) Amendment Determination 2017 (No. 1) was introduced to address the need to include foreign satellite companies within the regulatory framework established by the Radiocommunications Act 1992. This amendment was made under the authority of the Australian Communications and Media Authority (ACMA) to include "Network Access Associates Ltd" in the Radiocommunications (Foreign Space Objects) Determination 2014. The primary objective of this amendment is to facilitate the operation of ubiquitous earth stations without requiring individual licensing for these stations, thereby supporting the efficient and streamlined management of radiocommunications devices that operate outside Australia. This inclusion allows Network Access Associates Ltd to apply for radiocommunication apparatus licences that authorise communications between space stations and earth stations, as specified in the Radiocommunications (Communication with Space Object) Class Licence 2015. The ACMA undertook a public consultation process and, in consultation with the Office of Best Practice Regulation, determined that this amendment is minor and of a machinery nature, thus not requiring a Regulation Impact Statement.

Scope and Application

The Radiocommunications (Foreign Space Objects) Amendment Determination 2017 (No. 1), made by the Australian Communications and Media Authority (ACMA) under the Radiocommunications Act 1992, specifies the application and scope of the legislation with respect to foreign space objects. The Act applies to entities such as Network Access Associates Ltd, a UK-based satellite company known as OneWeb, which wishes to operate a constellation of 648 low-Earth orbit satellites. This amendment allows the entity to apply for radiocommunication apparatus licences necessary for communication between space stations and earth stations in designated frequency bands, as identified in the Radiocommunications (Communication with Space Object) Class Licence 2015. The amendment is confined to the addition of Network Access Associates Ltd to Schedule 1 of the Radiocommunications (Foreign Space Objects) Determination 2014, enabling the entity to participate in the licensing process for its proposed satellite system. The geographic reach of this Act extends beyond Australia's borders, specifically targeting foreign space objects as outlined in the determinations by the ACMA. The amendment process itself is governed by the Acts Interpretation Act 1901, and the instrument is subject to the provisions of the Legislation Act 2003.

Key Provisions

The Radiocommunications (Foreign Space Objects) Amendment Determination 2017 (No. 1) amends the Radiocommunications (Foreign Space Objects) Determination 2014 by inserting "Network Access Associates Ltd (incorporated in the United Kingdom)" into Schedule 1 of that determination (Section 4 and Schedule 1). This amendment allows Network Access Associates Ltd, a foreign satellite company, to apply for radiocommunication apparatus licences that authorise communications between space stations and earth stations in certain frequency bands (Section 4 and Schedule 1). These licences are necessary for the operation of radiocommunications devices such as earth station receivers, which must be licensed under the Radiocommunications Act 1992 (Section 46(1)). The amendment is intended to facilitate the operation of ubiquitous earth stations without individual licensing requirements in specific radiofrequency bands. The obligations imposed by this amendment include the requirement for Network Access Associates Ltd to be identified in the Radiocommunications (Foreign Space Objects) Determination for it to apply for the aforementioned licences (Section 4 and Schedule 1). This identification is necessary for the company to participate in the process of obtaining the required licences for their satellite system. The amendment also entails compliance with the licensing requirements set out in the Radiocommunications Act 1992, ensuring that the company's operations adhere to the regulatory framework governing radiocommunications. Breach of the obligations or requirements under this amendment could result in legal consequences. The Radiocommunications Act 1992 stipulates penalties for non-compliance, including fines and potential imprisonment. The exact penalties depend on the specific breach and are outlined in the Radiocommunications Regulations 1999. Civil or administrative penalties may also apply, as determined by the Australian Communications and Media Authority (ACMA), which enforces the Act. The ACMA has the authority to issue infringement notices for minor breaches, which can incur fines up to a certain amount as specified in the Radiocommunications (Infringement Notice) Regulations 2016.

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Telecommunications Law
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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.