Radiocommunications Licence Conditions (Amateur Licence) Amendment Determination 2000 (No. 2)
The Australian Communications Authority makes this Determination under paragraph 107 (1) (f) of the Radiocommunications Act 1992.
Dated 6 July 2000
A.J SHAW Chair
D ROUND Member
Australian Communications Authority
1 Name of Determination
This Determination is the Radiocommunications Licence Conditions (Amateur Licence) Amendment Determination 2000 (No. 2).
2 Commencement
This Determination commences on gazettal.
3 Amendment of Radiocommunications Licence Conditions (Amateur Licence) Determination No. 1 of 1997
Schedule 1 amends the Radiocommunications Licence Conditions (Amateur Licence) Determination No. 1 of 1997.
Schedule 1 Amendments
Do not delete: Schedule Part Placeholder
(section 3)
[1] Section 1
substitute
1 Name of Determination
This Determination is the Radiocommunications Licence Conditions (Amateur Licence) Determination No. 1 of 1997.
[2] Paragraph 6 (a)
substitute
(a) must use an amateur station solely for the purpose of:
(i) self training; or
(ii) intercommunication; or
(iii) technical investigations into radiocommunications; or
(iv) transmitting news and information services related to the operation of amateur stations, as a means of facilitating intercommunication; and
[3] Schedule 2 – Item 4, Column 4
after
Until 31 December 2000 no amateur unrestricted station may operate in the Olympic Area within the frequency band 421 MHz – 432 MHz
Insert
Until 30 October 2000 no amateur unrestricted station may operate in the Olympic Area within the frequency bands 440 MHz – 450 MHz.
[4] Schedule 3 – Item 2, Column 3
after
Until 31 December 2000 no amateur limited station may operate in the Olympic Area within the frequency band 421 MHz – 432 MHz
Insert
Until 30 October 2000 no amateur limited station may operate in the Olympic Area within the frequency bands 440 MHz – 450 MHz.
[5] Schedule 6 – Item 1, Column 2
omit
3.500 MHz-3.700 MHz
21.000 MHz-21.450 MHz
28.000 MHz-29.000 MHz
insert
1.800 MHz-1.875 MHz
3.500 MHz-3.700 MHz
3.794 MHz-3.800 MHz
7.000 MHz-7.300 MHz
10.100 MHz-10.150 MHz
14.000 MHz-14.350 MHz
18.068 MHz-18.168 MHz
21.000 MHz-21.450 MHz
24.890 MHz-24.990 MHz
[6] Schedule 6 – Item 4, Column 4
after
Until 31 December 2000 no amateur intermediate station may operate in the Olympic Area within the frequency band 421 MHz – 432 MHz
Insert
Until 30 October 2000 no amateur intermediate station may operate in the Olympic Area within the frequency bands 440 MHz – 450 MHz.
Overview
The Radiocommunications Licence Conditions (Amateur Licence) Amendment Determination 2000 (No. 2) was enacted to amend the existing licensing conditions for amateur radio operators in Australia. This Determination was made under the authority of the Radiocommunications Act 1992 and was introduced by the Australian Communications Authority, the body responsible for regulating radiocommunications in Australia at that time. The objective of this Amendment Determination was to update the frequency band restrictions and operational conditions for amateur radio operators, particularly in relation to specific areas and timeframes surrounding significant events like the Sydney 2000 Olympic Games.
This legislative instrument aimed to address potential conflicts between amateur radio activities and other critical communications during the Olympic period by restricting the use of certain frequency bands in designated areas. It also aimed to clarify the permissible uses of amateur radio stations, ensuring that they are employed for purposes such as self-training, intercommunication, technical investigations, and transmitting news and information services related to amateur station operations. By doing so, it sought to maintain the integrity of radiocommunications while accommodating the needs of amateur radio enthusiasts.
Scope and Application
The Radiocommunications Licence Conditions (Amateur Licence) Amendment Determination 2000 (No. 2) amends the Radiocommunications Licence Conditions (Amateur Licence) Determination No. 1 of 1997, which pertains to amateur radio operators within the Commonwealth of Australia. This legislation applies to individuals or entities holding amateur radio licenses and outlines the conditions and restrictions under which these licenses are granted and must be maintained. It specifies that amateur stations must be used solely for purposes such as self-training, intercommunication, technical investigations into radiocommunications, and transmitting news and information services related to amateur stations. The determination also imposes temporal restrictions on the operation of amateur stations within certain frequency bands in designated Olympic Areas, extending until specific dates in October and December 2000. Additionally, the amendment modifies the frequency bands that are subject to these restrictions, adding and omitting specific frequency ranges to ensure compliance with the latest regulations.
Key Provisions
The Radiocommunications Licence Conditions (Amateur Licence) Amendment Determination 2000 (No. 2) amends the existing Radiocommunications Licence Conditions (Amateur Licence) Determination No. 1 of 1997. The primary amendments concern the use of amateur stations, frequency bands for amateur operations, and specific restrictions related to the Olympic Area. According to Section 1, amateur stations must be used solely for self-training, intercommunication, technical investigations into radiocommunications, or transmitting news and information services related to amateur stations. This requirement ensures that amateur radio activities adhere to specific, authorised purposes (Section 1(a)).
The determination imposes several obligations on amateur radio operators. Firstly, it mandates that amateur stations must not be used for any purpose outside the specified categories. Secondly, operators must ensure that their activities comply with the frequency restrictions outlined in the amended determination. For example, amateur unrestricted, limited, and intermediate stations are prohibited from operating in certain frequency bands within the Olympic Area until specific dates. This includes restrictions up until 30 October 2000 for the frequency bands 440 MHz – 450 MHz and up until 31 December 2000 for the frequency band 421 MHz – 432 MHz (Schedule 2, Item 4, Column 4; Schedule 3, Item 2, Column 3; Schedule 6, Item 4, Column 4).
Breaches of the conditions set out in this determination can result in various consequences. While the determination does not explicitly state penalties, violations of the Radiocommunications Act 1992, under which this determination is made, can lead to fines and other legal repercussions. The Act provides for substantial penalties for non-compliance, which can include fines up to $11,100 for individuals and $55,500 for bodies corporate, depending on the nature and severity of the breach. Additionally, persistent or serious violations may lead to more severe criminal penalties, reflecting the seriousness with which regulatory authorities treat compliance with radiocommunications legislation.