Radiocommunications (Interpretation) Amendment Determination 2000 (No. 1)

Administered by Department of Communications and the Arts

Legislation au F2005B00359 Not in force Legislative Instrument

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Radiocommunications (Interpretation) Amendment Determination 2000 (No. 1)

The AUSTRALIAN COMMUNICATIONS AUTHORITY makes this Determination under subsection 54 (1) of the Australian Communications Authority Act 1997 and section 5, paragraphs 7 (1) (a) and (b), subsection 10A (1), paragraph 16 (1) (ca), subsections 30 (1), 32 (1), 34 (1) and 98 (1), paragraphs 107 (1) (f) and 108A (1) (e), subsections 115 (1), 131AC (1) and 132 (1), section 134, paragraphs 144 (1) (c),
(d) and (e) and 147 (1) (c), (d) and (e) and subsection 300 (1) of the Radiocommunications Act 1992.

Dated 12 October 2000

A J SHAW
Chair

R HORTON
Deputy Chair

 

Australian Communications Authority

1 Name of Determination

  This Determination is the Radiocommunications (Interpretation) Amendment Determination 2000 (No. 1).

2 Commencement

  This Determination commences on gazettal.

3 Amendment of Radiocommunications (Interpretation) Determination 2000

  Schedule 1 amends the Radiocommunications (Interpretation) Determination 2000.

Schedule 1 Amendments

 

(section 3)

[1] Schedule 1, after definition of low duty cycle speech

insert

major coast A station means a station that:

 (a) is operated under a maritime coast licence; and

 (b) is operated on maritime frequencies specified in the transmitter licence that relates to the station; and

 (c) is operated on land principally for transmitting messages to, and receiving messages from, a maritime ship station; and

 (d) may be used to transmit public correspondence to, or receive public correspondence from, a maritime ship station.

major coast B station means a station that:

 (a) is operated under a maritime coast licence; and

 (b) is operated on maritime frequencies specified in the transmitter licence that relates to the station; and

 (c) is operated on land principally for transmitting messages to, and receiving messages from, a maritime ship station; and

 (d) may be used to transmit public correspondence to, or receive public correspondence from, any of the following:

 (i) a station on an aircraft that is not an aircraft station;

 (ii) a land mobile station;

 (iii) a remotely located land station;

 (iv) a maritime ship station.

[2] Schedule 1, definition of major coast receive licence, subparagraph (c) (i)

substitute

 (i) a station on an aircraft that is not an aircraft station; and

[3] Schedule 1, definition of major coast receive licence, subparagraph (c) (iii)

substitute

 (iii) remotely located land stations; and

[4] Schedule 1, definition of major coast receive station

substitute

major coast receive station means a station:

 (a) that is used on land principally for receiving messages transmitted by a maritime ship station; and

 (b) that is not capable of transmitting messages of any kind; and

 (c) that may be used for receiving messages transmitted by any of the following:

 (i) a station on an aircraft that is not an aircraft station;

 (ii) a land mobile station;

 (iii) a remotely located land station; and

 (d) for which the ACA, or a person accredited under section 263 of the Act, undertakes coordination procedures for the purpose of minimising interference to reception.

[5] Schedule 1, definition of major coast station

omit

[6] Schedule 1, definition of maritime coast licence, paragraphs (a) and (b)

substitute

 (a) are operated on land principally for transmitting messages to, and receiving messages from, a maritime ship station; and

 (b) may communicate with any of the following:

 (i) a station on an aircraft that is not an aircraft station;

 (ii) a land mobile station;

 (iii) a remotely located land station; and

[7] Schedule 1, definition of maritime coast station

substitute

maritime coast station means a station that:

 (a) is operated on land principally for transmitting messages to, and receiving messages from, a maritime ship station; and

 (b) may communicate with any of the following:

 (i) a station on an aircraft that is not an aircraft station;

 (ii) a land mobile station;

 (iii) a remotely located land station; and

 (c) is operated on maritime frequencies.

[8] Schedule 1, definition of outpost station

substitute

outpost station means a station operating in the MF and HF bands that is principally established:

 (a) to provide radiocommunications in a remote locality at which a connection to a telecommunications network operated by a carrier or carriage service provider is not provided; or

 (b) if a connection to a telecommunications network operated by a carrier or carriage service provider is provided at the remote locality where the station is situated — to provide radiocommunications in the locality for the purposes of an emergency that involves:

 (i) prejudice to the security or defence of Australia; or

 (ii) a serious threat to the environment; or

 (iii) risk of injury to, or death of, a person; or

 (iv) risk of damage to, or substantial loss of, property.

Note 1   The MF band is broadly defined as 300 kHz to 3 MHz: see Volume 1 of the International Telecommunication Union Radio Regulations published by the ITU, as in force from time to time.

Note 2   The HF band is broadly defined as 3 MHz to 30 MHz: see Volume 1 of the International Telecommunication Union Radio Regulations published by the ITU, as in force from time to time.

 

Overview

The Radiocommunications (Interpretation) Amendment Determination 2000 (No. 1), enacted under the Australian Communications Authority Act 1997 and the Radiocommunications Act 1992, was introduced to amend and refine the definitions within the Radiocommunications (Interpretation) Determination 2000. This determination was made by the Australian Communications Authority to address the need for clarity and precision in the terminology used in radiocommunications licensing and operations. The determination aims to ensure that terms such as "major coast station" and "maritime coast licence" are clearly defined, thereby facilitating better regulation and management of radiocommunications activities in Australia. By providing explicit definitions and amending existing ones, the determination seeks to enhance the effectiveness and efficiency of radiocommunications services.

Scope and Application

The Radiocommunications (Interpretation) Amendment Determination 2000 (No. 1) is a legislative instrument made under the Australian Communications Authority Act 1997 and the Radiocommunications Act 1992. It amends the Radiocommunications (Interpretation) Determination 2000, focusing on clarifying and updating the definitions of various terms related to radiocommunications, particularly those concerning maritime communications and stations operating in the medium frequency (MF) and high frequency (HF) bands. The amendments aim to ensure that the terminology used in the Radiocommunications Act is consistent and up-to-date with current practices and technological developments. This Determination applies to all entities and individuals engaged in radiocommunications activities as defined under the Radiocommunications Act, including maritime stations, land-based stations, and other types of stations operating on maritime and other specified frequencies. The geographic scope of this Determination is national, as it applies across Australia and is enforced by the Australian Communications Authority, now known as the Australian Communications and Media Authority (ACMA). There are no specific exclusions or exemptions noted in the text, and the Determination extends its application through the amendments listed in its Schedule, thereby refining the legal framework governing radiocommunications.

Key Provisions

The Radiocommunications (Interpretation) Amendment Determination 2000 (No. 1) amends various definitions in the Radiocommunications (Interpretation) Determination 2000. Specifically, it introduces new definitions for 'major coast A station' (section 1), 'major coast B station' (section 1), 'major coast receive station' (section 4), and 'outpost station' (section 8). It also modifies the definitions of 'major coast receive licence' (section 2),'maritime coast licence' (section 6), and'maritime coast station' (section 7). These definitions are critical for understanding the scope and operation of the Radiocommunications Act 1992. The Amendment Determination imposes certain obligations on parties operating stations under the definitions specified. For instance, a 'major coast A station' must be operated under a maritime coast licence and must only communicate with maritime ship stations (section 1). A'major coast B station' can also communicate with stations on aircraft that are not aircraft stations, land mobile stations, and remotely located land stations (section 1). The'major coast receive station' must be used on land for receiving messages from maritime ship stations and potentially other specified stations, with coordination procedures in place to minimise interference (section 4). An 'outpost station' is specifically designed to provide radiocommunications in remote areas where a connection to a telecommunications network is not available or where an emergency necessitates its use (section 8). Breaches of the provisions outlined in this Amendment Determination may result in civil or criminal penalties, depending on the severity of the breach. The Radiocommunications Act 1992 provides for a range of penalties, including fines and imprisonment, for violations of its provisions. For instance, section 144(1)(c) of the Act states that a person who contravenes a direction or order given under the Act is liable to a penalty of up to $11,100 for a corporation and $2,220 for an individual. Other sections of the Act may impose higher penalties for more serious offences. It is important to note that the specific penalties for breaches of the definitions in this Determination would depend on the nature of the breach and the relevant sections of the Act that are contravened.

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