Radiocommunications (Interpretation) Amendment Determination 2001 (No. 3)
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 19 June 2001
AJ SHAW Chair
R HORTON
Deputy Chair
Australian Communications Authority
1 Name of Determination
This Determination is the Radiocommunications (Interpretation) Amendment Determination 2001 (No. 3).
2 Commencement
This Determination commences on 1 July 2001.
3 Amendment of Radiocommunications (Interpretation) Determination 20001
Schedule 1 amends the Radiocommunications (Interpretation) Determination 2000.
Schedule 1 Amendment
(section 3)
[1] Schedule 1, Dictionary, cordless telephone service
substitute
cordless telephone service means a radiocommunications service that:
(a) consists of one or more land stations, each of which:
(i) does not form part of a cellular mobile telephone service; and
(ii) is able to communicate by means of radiocommunications with, or is connected indirectly or directly to, a telecommunications network operated by a carrier or a carriage service provider; and
(b) may consist of one or more handsets, each of which:
(i) is not connected by a line to a land station; and
(ii) enables communication with other users of the public telecommunications network through transmission of radio signals between the handset and the land station.
1. Made by the Australian Communications Authority on 6 July 2000, and notified in
the Commonwealth of Australia Gazette on 8 July 2000.
Overview
The Radiocommunications (Interpretation) Amendment Determination 2001 (No. 3) was enacted to address specific issues within the interpretation of terms under the Radiocommunications Act 1992, by amending the Radiocommunications (Interpretation) Determination 2000. This legislation was introduced to provide clarity and specificity to the definition of certain radiocommunications services, particularly in relation to cordless telephone services. The Australian Communications Authority, as the enacting body, aimed to ensure that the terminology used within the regulatory framework is precise and accurately reflects the services it governs. This amendment seeks to improve the regulatory environment by refining the definitions, thus facilitating better enforcement and understanding of the provisions under the Radiocommunications Act 1992.
Scope and Application
The Radiocommunications (Interpretation) Amendment Determination 2001 (No. 3), made under the authority of the Australian Communications Authority Act 1997 and the Radiocommunications Act 1992, amends the Radiocommunications (Interpretation) Determination 2000. This determination applies to the interpretation and definitions within the legislative framework governing radiocommunications in Australia. It provides specific clarification and updates to the definition of "cordless telephone service," detailing that such services consist of land stations not forming part of a cellular mobile telephone service and handsets enabling communication with a telecommunications network through radio signals. This amendment aims to ensure the correct application and understanding of the term within the regulatory environment. The Determination is applicable nationally across Australia and became effective on 1 July 2001. It does not specify exclusions, exemptions, or thresholds but rather refines the definitions to aid in the consistent application of radiocommunications legislation. The authority to extend or restrict the application of this Determination through subordinate instruments is implied within the legislative powers granted under the cited acts.
Key Provisions
The Radiocommunications (Interpretation) Amendment Determination 2001 (No. 3) amends the existing Radiocommunications (Interpretation) Determination 2000. This amendment particularly focuses on the definition of a "cordless telephone service" (section 3). According to this amendment, a cordless telephone service is defined as a radiocommunications service consisting of one or more land stations that are not part of a cellular mobile telephone service and can communicate with a telecommunications network via radiocommunications. The service may include one or more handsets that are not connected by a line to a land station and facilitate communication with other users of the public telecommunications network through the transmission of radio signals between the handset and the land station.
Under this Determination, parties or entities involved in providing or using cordless telephone services must adhere to the newly defined parameters. This includes ensuring that the land stations and handsets conform to the specifications outlined in the amendment. The land stations must not form part of a cellular mobile telephone service and must be capable of communicating with a telecommunications network via radiocommunications. The handsets, on the other hand, must be able to communicate with the land stations through radio signals without being physically connected by a line.
Failure to comply with the provisions of this Determination may lead to various legal consequences. While the specific offences and penalties are not detailed in the text, breaches of provisions under the Radiocommunications Act 1992 can lead to substantial penalties. Generally, under the Radiocommunications Act, infringements may result in civil or criminal penalties, including fines and imprisonment. The exact penalties would depend on the nature and severity of the breach, as outlined in other sections of the Act. It is advisable for parties to ensure strict adherence to the amended definitions to avoid any potential legal repercussions.