Radiocommunications (Interpretation) Amendment Determination 2004 (No. 3)
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 24 November 2004 R HORTON Chair A HORSLEY Deputy Chair
Australian Communications Authority
1 Name of Determination
This Determination is the Radiocommunications (Interpretation) Amendment Determination 2004 (No. 3).
2 Commencement
This Determination commences on the date of its notification in the Gazette.
3 Amendment of Radiocommunications (Interpretation) Determination 2000
Schedule 1 amends the Radiocommunications (Interpretation) Determination 2000.
Schedule 1 Amendment
(section 3)
[1] Schedule 1, after definition of point to multipoint station
insert
point to point (5.8 GHz band) station means a point to point station that is operated only within the frequency range greater than 5.725 GHz and less than or equal to 5.825 GHz.
Overview
The Radiocommunications (Interpretation) Amendment Determination 2004 (No. 3) was enacted to address specific definitions within the Radiocommunications (Interpretation) Determination 2000, providing clarity and precision to terms used under the Radiocommunications Act 1992. This legislative instrument was made by the Australian Communications Authority under the authority granted by various subsections of the Australian Communications Authority Act 1997 and the Radiocommunications Act 1992. The objective of this amendment is to ensure that the definitions within the Radiocommunications Act are accurately and comprehensively understood, particularly in relation to the frequency range for point to point (5.8 GHz band) stations, thereby facilitating better regulation and compliance within the sector. This Determination aims to bridge any gaps in interpretation that may have led to inconsistencies or ambiguities in the application of the Radiocommunications Act.
Scope and Application
The Radiocommunications (Interpretation) Amendment Determination 2004 (No. 3) made by the Australian Communications Authority under the Australian Communications Authority Act 1997, amends the Radiocommunications (Interpretation) Determination 2000 by adding a new definition to clarify the term "point to point (5.8 GHz band) station." This Amendment Determination applies to any person or entity engaged in the operation of radiocommunications services, particularly those operating within the specified frequency range of 5.725 GHz to 5.825 GHz, and therefore affects the telecommunications and broadcasting industries. The Determination is enacted at the national level and aims to provide clarity and precision in the interpretation of the Radiocommunications Act 1992, ensuring that the legal framework remains up-to-date and responsive to technological advancements. The scope of the amendment is limited to the interpretation of terms and does not introduce new substantive laws or alter existing regulatory provisions.
Key Provisions
The Radiocommunications (Interpretation) Amendment Determination 2004 (No. 3) primarily serves to amend the definitions within the Radiocommunications (Interpretation) Determination 2000, ensuring that certain terms are clearly and accurately defined within the scope of the Radiocommunications Act 1992. This is particularly evident in Section 3, which adds a new definition for a "point to point (5.8 GHz band) station," specifying it as a point to point station operating within the frequency range greater than 5.725 GHz and less than or equal to 5.825 GHz. This addition helps to clarify the operational parameters and regulatory oversight of such stations, ensuring that they are compliant with the relevant legislation.
The obligations and requirements imposed by this Determination on the parties or entities it governs primarily revolve around the accurate and consistent use of terminology as defined within the amended Determination. For example, any entity operating a point to point (5.8 GHz band) station must ensure that their operations adhere to the specified frequency range. This includes obtaining any necessary licenses or approvals, adhering to technical standards, and reporting any operational changes to the Australian Communications Authority. The purpose of these obligations is to maintain clarity and compliance within the radiocommunications sector, facilitating efficient regulation and oversight.
In terms of breaches and consequences, the Determination itself does not explicitly outline offences or penalties. However, the broader legislative framework under which this Determination operates, particularly the Radiocommunications Act 1992, does provide for a range of penalties and consequences for non-compliance. Offences under the Act can lead to both civil and criminal penalties. For instance, civil penalties can include fines up to a significant amount, while criminal offences may result in imprisonment, reflecting the seriousness with which non-compliance is treated under Australian law. It is important for entities governed by this Determination to be fully aware of and comply with the associated legislative requirements to avoid these potential consequences.