EXPLANATORY STATEMENT
Approved by the Australian Communications and Media Authority
Radiocommunications Act 1992
Radiocommunications (Foreign Space Objects) Amendment Determination 2021 (No. 1)
Authority
The Australian Communications and Media Authority (the ACMA) has made the Radiocommunications (Foreign Space Objects) Amendment Determination 2021 (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 include Astrocast SA, Fleet Space Technologies Pty Ltd, Hiber B.V., Kinéis SAS, O3b Limited and Viasat, Inc. as specified owners, controllers or operators of a foreign space object. The instrument also amends the Foreign Space Objects Determination to reflect changes in the names of owners, controllers or operators of foreign space objects and removes owners, controllers or operators that no longer exist or do not own, control or operate foreign space objects relevant to Australia.
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 may then 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 has the effect of extending the 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 inclusion of these foreign business entities in the Foreign Space Objects Determination will enable them 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 18 December 2020 and 3 February 2021, 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 ten written submissions in response to the consultation. There were no objections to the amendments proposed to be made by the instrument.
Regulatory impact assessment
The Office of Best Practice Regulation (OBPR) has considered the matter and formed the opinion that the proposed variation is minor or machinery in nature and no regulatory impact analysis is required. The OBPR reference ID number is 43253.
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 2021 (No. 1) (the instrument) amends the Radiocommunications (Foreign Space Objects) Determination 2014 to include Astrocast SA, Fleet Space Technologies Pty Ltd, Hiber B.V., Kinéis SAS, O3b Limited and Viasat, Inc. as specified owners, controllers or operators of foreign space objects. The inclusion of the stated business entities in the Radiocommunications (Foreign Space Objects) Determination 2014 will enable them to access licensing arrangements for space-based communications systems that permit communications 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 2021 (No. 1)
Section 1 Name
This section provides for the instrument to be cited as the Radiocommunications (Foreign Space Objects) Amendment Determination 2021 (No. 1).
Section 2 Commencement
This section provides for the instrument to commence at the start of the day after the day it is registered on the Federal Register of Legislation.
Section 3 Authority
This section identifies the provision 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
Item 1 substitutes a reference to “Intelsat Corporation (incorporated in Luxembourg)” with “Intelsat US LLC (incorporated in the United States of America)” in Schedules 1 and 3. This reflects a name change for the relevant entity.
Item 2 substitutes a reference to “Space Communications Corporation (incorporated in Japan)” with “SKY Perfect JSAT Corporation (incorporated in Japan)” in Schedule 1. This reflects a name change for the relevant entity.
Items 3 and 4 respectively remove “Astrolink International LLC (incorporated in the United States of America)” and “GE International Holdings, Inc. (incorporated in the United States of America)”. These changes reflect that the owners, controllers or operators no longer exist or do not own, control or operate foreign space objects relevant to Australia.
Item 5 adds “Astrocast SA (incorporated in Switzerland)”, “Fleet Space Technologies Pty Ltd (incorporated in Australia)”, “Hiber B.V. (incorporated in The Netherlands)”, “Kinéis SAS (incorporated in France)”, “O3b Limited (incorporated in Jersey)” and “Viasat, Inc. (incorporated in the United States of America)” as specified owners, controllers or operators of a foreign space object for the purposes of the Radiocommunications Act 1992. The inclusion of the stated business entities will enable them to access licensing arrangements for space-based communications systems that permit communications with ubiquitous earth stations.