Radiocommunications (Foreign Space Objects) Amendment Determination 2018 (No. 1)

Administered by Department of Communications and the Arts

Legislation au F2018L01369 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 2018 (No. 1)

Authority

The Australian Communications and Media Authority (the ACMA) has made the Radiocommunications (Foreign Space Objects) Amendment Determination 2018 (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.

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 disallowable legislative instrument for the purposes of the Legislation Act 2003 (the LA).

Purpose and operation of the instrument

The purpose of the instrument is to amend the Radiocommunications (Foreign Space Objects) Determination 2014 (the Foreign Space Objects Determination) to reflect changes in the company names of certain owners, controllers or operators of foreign space objects (Shin Satellite to Thaicom and Inmarsat to Inmarsat Global) and to include a new company SpaceQuest, Ltd (SpaceQuest) as a specified owner, controller or operator of a foreign space object.

In certain planned radiofrequency bands, the ACMA supports the operation of ubiquitous earth stations without the requirement for individual licensing of those earth stations. Space stations on foreign space objects may communicate with those earth stations. For this to occur, the owner, controller or operator of a foreign space object needs to be identified in the Foreign Space Objects Determination. The owners, controllers or operators of foreign space objects are then able to apply for radiocommunication apparatus licences that authorise communications between space stations on space objects and earth stations in Australia.

Inclusion of a space object in the Foreign Space Objects Determination also has the effect of extending application of the Act to the specified space object, thereby requiring its radio emissions to be authorised by a licence issued in accordance with the Act.

The instrument amends Schedule 1 of the Foreign Space Objects Determination by adding “SpaceQuest, Ltd. (incorporated in the United States of America)”. The inclusion of SpaceQuest in the Foreign Space Objects 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.

A provision-by-provision description of the instrument is set out in the notes at Attachment A.

 

Documents incorporated by reference

The instrument does not incorporate any document by reference.

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 7 June 2018 and 13 July 2018, the ACMA conducted a formal public consultation process in relation to the instrument. A consultation statement and a draft of the instrument were made available on the ACMA website for comment.

The ACMA received four written submissions in response to the draft instrument, none of which objected to the proposed amendments.

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 23792.

Statement of compatibility with human rights

Subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011 requires the rule-maker in relation to a legislative instrument to which section 42 (disallowance) of the LA applies to cause a statement of compatibility with human rights to be prepared in respect of that legislative instrument.

The statement of compatibility set out below has been prepared to meet that requirement.

Overview of the instrument

The Radiocommunications (Foreign Space Objects) Amendment Determination 2018 (No. 1) (the instrument) amends the Radiocommunications (Foreign Space Objects) Determination 2014 to reflect changes in the company names of Shin Satellite (to Thaicom) and Inmarsat (to Inmarsat Global), and includes SpaceQuest, Ltd as a specified owner, controller or operator of a foreign space object. The inclusion of SpaceQuest, Ltd in the Radiocommunications (Foreign Space Objects) Determination 2014 will enable that company to access the licensing arrangements for space-based communications systems that communicate with ubiquitous earth stations.

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.

Conclusion

The instrument is compatible with human rights as it does not raise any human rights issues.


Attachment A

Notes to the Radiocommunications (Foreign Space Objects) Amendment Determination 2018 (No. 1)

Section 1 Name

This section provides for the instrument to be cited as the Radiocommunications (Foreign Space Objects) Amendment Determination 2018 (No. 1).

Section 2 Commencement

This section provides for the instrument to commence at the start of the day after it is registered on the Federal Register of Legislation. 

Section 3 Authority

This section identifies the provision of the Act that authorises the making of the instrument, namely paragraph 16(1)(ca) of the Radiocommunications Act 1992.

Section 4 Amendments

This section provides that the amendments set out in Schedule 1 have effect.

Schedule 1 Amendments

Items 1 and 2 

These items amend the Foreign Space Objects Determination to reflect changes in the company names of certain owners, controllers or operators of foreign space objects (Shin Satellite to Thaicom, and Inmarsat to Inmarsat Global).

Item 3  

This item includes SpaceQuest, Ltd as a specified owner, controller or operator of a foreign space object for the purposes of the Act.

 

Overview

The Radiocommunications (Foreign Space Objects) Amendment Determination 2018 (No. 1) was made by the Australian Communications and Media Authority (ACMA) under the authority provided by the Radiocommunications Act 1992. This amendment aims to update the Radiocommunications (Foreign Space Objects) Determination 2014 to reflect changes in the names of certain space object owners, controllers, or operators, and to include a new entity, SpaceQuest, Ltd, as a specified owner, controller, or operator of a foreign space object. The amendment facilitates the licensing of radiocommunication apparatus for communications between space stations and ubiquitous earth stations in Australia. The instrument also ensures the extension of the application of the Radiocommunications Act to the newly specified space object, requiring its radio emissions to be authorised by a licence. The ACMA conducted a public consultation process to gather feedback on the proposed amendments, receiving four submissions without any objections. Additionally, the Office of Best Practice Regulation assessed the amendment as minor and machinery in nature, deeming a Regulation Impact Statement unnecessary. The enactment of the Radiocommunications Act 1992 aimed to provide a legislative framework for the regulation of radiocommunications in Australia, including the oversight of foreign space objects operating in Australian radiofrequency bands. The 2018 amendment addresses the need to update the regulatory framework to accurately reflect changes in the entities involved in space operations and to facilitate streamlined licensing processes for these entities. This ensures that the regulation remains current and effective, maintaining the integrity of Australia's radiocommunications regulatory environment.

Scope and Application

The Radiocommunications (Foreign Space Objects) Amendment Determination 2018 (No. 1) amends the Radiocommunications (Foreign Space Objects) Determination 2014 under the authority conferred by the Radiocommunications Act 1992 and the Acts Interpretation Act 1901. This instrument pertains to the regulation of radiocommunications involving foreign space objects, extending the application of the Radiocommunications Act 1992 outside Australia in relation to foreign space objects, as determined by the Australian Communications and Media Authority (ACMA). Specifically, the instrument updates the company names of certain owners, controllers, or operators of foreign space objects—Shin Satellite to Thaicom, and Inmarsat to Inmarsat Global—and includes SpaceQuest, Ltd as a specified entity. These amendments facilitate the licensing process for radiocommunication apparatus, allowing these entities to communicate with ubiquitous earth stations in Australia without requiring individual licensing for each earth station. The inclusion of SpaceQuest, Ltd in the Foreign Space Objects Determination enables it to apply for radiocommunication apparatus licences for communication with earth stations in Australia within specified frequency bands.

Key Provisions

The Radiocommunications (Foreign Space Objects) Amendment Determination 2018 (No. 1) primarily amends the Radiocommunications (Foreign Space Objects) Determination 2014 to reflect changes in the names of certain companies that own, control, or operate foreign space objects (section 4). Specifically, it updates the name of Shin Satellite to Thaicom and Inmarsat to Inmarsat Global (Schedule 1, items 1 and 2). Additionally, it adds SpaceQuest, Ltd as a specified owner, controller, or operator of a foreign space object (Schedule 1, item 3). These changes are made to ensure that the licensing and regulatory framework under the Radiocommunications Act 1992 (the Act) accurately identifies and applies to the relevant entities. The Act imposes obligations on the specified owners, controllers, or operators of foreign space objects, such as Thaicom, Inmarsat Global, and SpaceQuest, Ltd, to ensure that their operations comply with the requirements of the Radiocommunications Act 1992. This includes obtaining the necessary licences to operate radiocommunication apparatus and ensuring that their radio emissions are authorised by a licence issued in accordance with the Act. These entities must also adhere to any conditions or restrictions imposed by the Australian Communications and Media Authority (ACMA) as part of their licensing arrangements. Failure to comply with the provisions of the Radiocommunications Act 1992 or the Radiocommunications (Foreign Space Objects) Amendment Determination 2018 (No. 1) can result in civil or criminal penalties. Under the Act, unauthorised use of radiocommunication apparatus can lead to fines and potential imprisonment. Specifically, the maximum penalty for contravening certain provisions of the Act can be up to $1.65 million for corporations and lesser amounts for individuals, depending on the nature and severity of the offence. Additionally, ongoing non-compliance may result in the ACMA taking further enforcement actions, such as revoking existing licences or barring entities from applying for future licences. The Radiocommunications (Foreign Space Objects) Amendment Determination 2018 (No. 1) is a disallowable legislative instrument under the Legislation Act 2003, meaning that it can be disallowed by either house of the Parliament. This process provides an additional layer of scrutiny to ensure that the amendments made by the determination are consistent with legislative intent and do not unduly burden the affected entities. The ACMA has also prepared a statement of compatibility with human rights, asserting that the determination does not engage any of the rights and freedoms recognised by the Human Rights (Parliamentary Scrutiny) Act 2011.

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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.