Radiocommunications (Interpretation) Amendment Determination 2002 (No. 1)
The AUSTRALIAN COMMUNICATIONS AUTHORITY makes this Determination under subsection 54 (1) of the Australian Communications Authority Act 1997, 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 28 August 2002 AJ SHAW Chair R HORTON Deputy Chair
Australian Communications Authority
1 Name of Determination
This Determination is the Radiocommunications (Interpretation) Amendment Determination 2002 (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 harmful interference
insert
HF Domestic Service station means a station that:
(a) is operated under a broadcasting licence; and
(b) provides a broadcasting service targeted to audiences in Australia; and
(c) operates in the frequency range 2.3 MHz–26.1 MHz.
Note Under the Radiocommunications Act, Australia includes the external Territories.
HF Overseas Service station means a station that:
(a) is operated under a broadcasting licence; and
(b) provides a broadcasting service targeted to audiences outside Australia; and
(c) operates in the frequency range 5.9 MHz–26.1 MHz.
Note Under the Radiocommunications Act, Australia includes the external Territories.
HF Overseas (IBL) Service station means a station that:
(a) is operated under a broadcasting licence; and
(b) provides an international broadcasting service within the meaning of section 18A of the Broadcasting Services Act 1992; and
(c) operates in the frequency range 5.9 MHz–26.1 MHz.
Note Under the Radiocommunications Act, Australia includes the external Territories.
[2] Schedule 1, definition of limited coast assigned station
substitute
limited coast assigned system means a system, comprising a maritime coast station and 1 or more maritime ship stations, 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 principally for communication between the maritime coast station and the maritime ship station or stations.
limited coast assigned system station means a station that is operated as part of a limited coast assigned system.
[3] Schedule 1, after definition of low duty cycle speech
insert
lower sideband, and LSB, mean an SSB radio emission of which the sideband above the carrier is suppressed.
[4] Schedule 1, definition of upper sideband
omit
mean a SSB
insert
mean an SSB
Overview
The Radiocommunications (Interpretation) Amendment Determination 2002 (No. 1) was enacted to address gaps in the definitions within the Radiocommunications (Interpretation) Determination 2000. This legislative instrument was made by the Australian Communications Authority under the authority conferred by various subsections and paragraphs of the Australian Communications Authority Act 1997 and the Radiocommunications Act 1992. The primary objective of this Determination is to refine and clarify certain definitions related to radiocommunication services, ensuring that the terminology is consistent and precise within the regulatory framework. This amendment aims to facilitate better compliance and enforcement of the radiocommunications laws by providing clear and specific definitions for terms such as "HF Domestic Service station," "limited coast assigned system," and "lower sideband." The Determination came into effect immediately upon gazettal, reflecting the urgency to update and streamline the legal definitions for effective administration of radiocommunications in Australia.
Scope and Application
The Radiocommunications (Interpretation) Amendment Determination 2002 (No. 1) amends the Radiocommunications (Interpretation) Determination 2000 to provide clearer definitions and interpretations of specific terms used in the Radiocommunications Act 1992. This Determination applies to entities and individuals involved in radiocommunications activities, including broadcasters and maritime operators, and is effective across Australia, including its external territories. The amendments seek to clarify and define terms such as "HF Domestic Service station," "limited coast assigned system," and technical terms like "lower sideband" and "upper sideband." These definitions are integral to ensuring compliance with licensing requirements and regulatory standards under the Radiocommunications Act. The scope of this Determination is extended through subordinate instruments, which may provide further details and specific applications of these definitions in various contexts.
Key Provisions
The Radiocommunications (Interpretation) Amendment Determination 2002 (No. 1) (the Determination) is an amendment to the Radiocommunications (Interpretation) Determination 2000, which itself provides definitions for various terms used in the Radiocommunications Act 1992. Section 3 of the Determination introduces new definitions and amends existing ones. The new definitions include HF Domestic Service station, HF Overseas Service station, and HF Overseas (IBL) Service station, which describe types of broadcasting stations based on their licence, target audience, and frequency range. Additionally, the Determination introduces the term 'limited coast assigned system' to describe a system comprising a maritime coast station and one or more maritime ship stations, operated under a maritime coast licence and on specified maritime frequencies. It also amends the definition of 'upper sideband' to clarify its meaning within the context of SSB radio emissions.
The Determination imposes several obligations on parties governed by the Radiocommunications Act 1992. Operators of HF Domestic, HF Overseas, and HF Overseas (IBL) Service stations must ensure their stations meet the specified criteria, including operating under a broadcasting licence, targeting the appropriate audience, and using the correct frequency range. Operators of limited coast assigned system stations must adhere to the requirements of a maritime coast licence and operate on specified maritime frequencies for communication between the maritime coast station and the maritime ship station or stations. These obligations are designed to ensure that radiocommunications services are provided in an orderly and efficient manner, with clear guidelines for station operations.
Breaches of the provisions within the Radiocommunications Act 1992 can lead to various consequences, both civil and criminal, depending on the nature and severity of the breach. For example, operating a station without the necessary licence or in contravention of the specified criteria can result in fines and penalties. The specific penalties for breaches may vary based on the particular section of the Act being contravened. It is important for operators to be aware of their obligations under the Determination and to ensure compliance to avoid potential legal repercussions.