EXPLANATORY STATEMENT
Issued by the Authority of the Australian Communications and Media Authority
Radiocommunications (Interpretation) Amendment Determination 2007 (No. 1)
Radiocommunications Act 1992
Legislative Provisions
Subsection 64 (1) of the Australian Communications and Media Authority Act 2005 (the ACMA Act), and section 5, paragraph 7 (1) (a), subsection 10A (1), paragraph 16 (1) (ca), subsection 30 (1), 32 (1), 34 (1) and 98 (1), paragraphs 107 (1) (f) and 108A (1) (e) , subsection 115 (1), section 119, subsections 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.
Under subsection 64 (1) of the ACMA Act, the Australian Communications and Media Authority (ACMA) may make a written determination defining one or more expressions used in specified instruments, being instruments that are made by ACMA under one or more specified laws of the Commonwealth.
A Determination made under subsection 64 (1) of the ACMA Act is a disallowable instrument for the purposes of section 42 of the Legislative Instruments Act 2003.
Purpose
The Radiocommunications (Interpretation) Amendment Determination 2007 (No.1) amends the definition of ‘scientific licence’ in the Radiocommunications (Interpretation) Determination 2000
Background
Under Subsection 64 (1) of the Australian Communications and Media Authority Act 2005 (the ACMA Act), and section 5, paragraph 7 (1) (a), subsection 10A (1), paragraph 16 (1) (ca), subsection 30 (1), 32 (1), 34 (1) and 98 (1), paragraphs 107 (1) (f) and 108A (1) (e) , subsection 115 (1), section 119, subsections 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 made the Radiocommunications (Interpretation) Determination 2000 which defines expressions used in specified instruments made by ACMA under one or more specified laws of the Commonwealth.
Issues
The amendments made by the Radiocommunications (Interpretation) Amendment Determination 2007(No.1) are associated with amendments made by the Radiocommunications Licence Conditions (Scientific Licence) Determination 2007 (No.1).
These amendments together serve to clarify the circumstances where a scientific licence may be issued in lieu of alternative licence options.
Consultation
ACMA consulted with the then Office of Regulation Review (ORR), now known as Office of Best Practice Regulation (OBPR), who advised, under ORR ID: 8330 that a Regulation Impact Statement was not required for the amendments. ORR noted that the amendments had no direct or significant indirect impact on business.
Further external consultation was not undertaken as the amendments were of a minor and machinery nature. They are intended to clarify licensing arrangements for licensees and ACMA staff.
Details of the Determination are set out in Attachment 1.
ATTACHMENT 1
Notes about instrument
Section 1 Name of Determination
Section 1 provided for the name of the Determination.
Section 2 Commencement
Section 2 provided for the commencement of the Determination.
Section 3 Amendment of Radiocommunications (Interpretation) Determination 2000.
Section 3 provided that Schedule 1 amended the Radiocommunications (Interpretation) Determination 2000.
Schedule 1 Amendment
[1] Dictionary, definition of scientific licence was amended by including a new paragraph (f) referring to trials of new radiocommunications technology.
The definition has also been amended to allow Scientific licences to be issued for stations operated primarily to perform the activities mentioned in the definition. Previously Scientific licences could only be issued for stations operated only to perform the purposes mentioned in the definition.