Radiocommunications Licence Conditions (Major Coast Receive Licence) Amendment Determination 2005 (No. 1)

Administered by Department of Communications and the Arts

Legislation au F2005L00758 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Issued by the Authority of the Australian Communications Authority

 

Radiocommunications Licence Conditions (Major Coast Receive Licence) Amendment Determination 2005 (No. 1)

 

Radiocommunications Act 1992

 

Legislative Provisions

 

Paragraph 107(1)(f) of the Radiocommunications Act 1992 (the Act) allows the Australian Communications Authority (the ACA) to determine, by written instrument, conditions applicable to particular types of apparatus licences.

 

A Determination made under paragraph 107(1)(f) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

 

Purpose

 

This amendment to the Radiocommunications Licence Conditions (Major Coast Receive Licence) Determination No. 1 of 1997 (the Major Coast Receive LCD) adds an inconsistency clause to clarify that, where a condition in an LCD is inconsistent with a special condition printed on a licence, the condition specified on the licence applies.

 

Background

 

The operation of radiocommunications equipment authorised by an apparatus licence is subject to:

  • conditions specified in the Act, including an obligation to comply with the Act;
  • a condition that any radiocommunications device operated under the licence must comply with all the standards applicable to it;
  • conditions specified in the Radiocommunications Licence Condition (Apparatus Licence) Determination No. 1 of 1997 and any other determinations made by the ACA under paragraph 107(1)(f) of the Act;
  • conditions specified in the licence; and
  • any further conditions imposed by the ACA under section 111 of the Act.

 

Under paragraph 107(1)(f) of the Act, the ACA may determine, by written instrument, conditions relating to a particular type of apparatus licence.  These instruments are known as Licence Conditions Determinations (LCDs).  LCDs contain the generic conditions particular to various radiocommunications licence types and licensing options, including details of any common frequencies or frequency bands, permitted power levels, type of communications permitted, persons with whom the licensee is permitted to communicate, callsign usage and any other relevant transmission parameters.  Conditions applicable to the licences referred to in this explanatory statement are specified in the Radiocommunications Licence Conditions (Apparatus Licence) Determination 2003 and the Radiocommunications Licence Conditions (Major Coast Receive Licence) Determination No. 1 of 1997.

Any other conditions of operation which apply to an individual licence but are not included in the LCD, are printed on the licence under the heading ‘Special Conditions’.

Discussion of Issues

 

The Act does not provide direction on whether precedence is to be given to conditions in an LCD or to special conditions on an apparatus licence should there be an inconsistency between the two. The ACA currently has 16 LCDs in effect. Ten of these LCDs contain the following inconsistency clause to address this issue:

 

‘However, if a condition in this Determination is inconsistent with a condition specified in the licence, the condition specified in the licence applies.’

 

To avoid potential conflict between conditions in the LCDs and special conditions on licences and to be consistent, the Major Coast Receive LCD has been amended with the addition of this clause.

 

Two other minor amendments have been included. For consistency in drafting conventions, the Radiocommunications Licence Conditions (Major Coast Receive Licence) Determination No. 1 of 1997 has been renamed the Radiocommunications Licence Conditions (Major Coast Receive Licence) Determination 1997. Additionally, the note in Section 3 has been amended to update the Instruments listed as a source for definitions of expressions used in this Determination.

 

The Radiocommunications Licence Conditions (Major Coast Receive Licence) Amendment Determination 2005 (No. 1) commences on registration.

 

Consultation

 

The ACA consulted with the Office of Regulation Review (ORR) who advised that a Regulation Impact Statement is not required for the amendment to the Major Coast Receive LCD (ORR ID: 3857).  ORR noted that proposed amendments have no direct or significant indirect impact on business.

 

Further external consultation was not considered necessary as the amendments are minor and machinery in nature. They are intended to clarify conditions for licence holders.

 

Details of the Determination are set out in Attachments 1.

 

 

 

 

 

 

 

 

 

 

 

ATTACHMENT 1

 

Notes about instrument

 

Section 1 Name of Determination 

 

Section 1 provides for the citation of the Determination.

 

Section 2 Commencement

 

Section 2 states the day on which the Determination has effect.

 

Section 3 Amendment of the Radiocommunications Licence Conditions (Major Coast Receive Licence) Determination No.1 of 1997

 

Section 3 provides that Schedule 1 amends the Radiocommunications Licence Conditions (Major Coast Receive Licence) Determination No.1 of 1997.

 

Schedule 1 Amendments

 

[1] Section 1

 

Item [1] amends the name of the LCD to the Radiocommunications Licence Conditions (Major Coast Receive Licence) Determination 1997.

 

 [2] & [3] Section 2

 

Items [2] & [3] insert a new subsection to clarify that where there is any inconsistency between the provisions of the Radiocommunications Licence Conditions (Major Coast Receive Licence) Determination 1997 and any condition specified in an individual licence, the condition that is specified in the licence is to be given precedence.

 

[4] Section 3, note

 

Item [4] updates the Acts listed as a source for definitions of expressions used in the Determination.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Overview

The Radiocommunications Licence Conditions (Major Coast Receive Licence) Amendment Determination 2005 (No. 1) was enacted to address a gap in the Radiocommunications Act 1992 regarding the precedence of conditions in Licence Condition Determinations (LCDs) and special conditions printed on individual apparatus licences. This amendment was made under the authority of the Australian Communications Authority (ACA) as per paragraph 107(1)(f) of the Radiocommunications Act 1992, aiming to provide clarity and consistency in the application of conditions to Major Coast Receive Licences. The ACA introduced this amendment to avoid potential conflicts between the general conditions specified in LCDs and the specific conditions printed on individual licences. This legislative action was deemed necessary to ensure that where there is an inconsistency between the two, the special conditions on the licence take precedence, thereby maintaining a clear and consistent regulatory framework for radiocommunications equipment operation.

Scope and Application

The Radiocommunications Licence Conditions (Major Coast Receive Licence) Amendment Determination 2005 (No. 1) applies to persons or entities that hold a major coast receive licence for radiocommunications apparatus under the Radiocommunications Act 1992. This includes both individual licensees and entities operating such licences within the Commonwealth of Australia. The amendment specifically addresses the conditions associated with these licences, ensuring clarity and precedence when there is a conflict between the general conditions stipulated in the Radiocommunications Licence Conditions Determinations and the special conditions specified directly on the individual licence. The amendment aims to resolve any inconsistencies by giving precedence to the special conditions outlined on the licence itself. This amendment extends to the entire nation, encompassing all states, territories, and Commonwealth areas. There are no exclusions or exemptions specified in this amendment; however, it is worth noting that the primary focus is on resolving inconsistencies within the licensing conditions rather than altering the fundamental requirements of the licences. Additionally, the Act may extend or restrict application through subordinate instruments, which are subject to the overarching provisions of the Radiocommunications Act 1992.

Key Provisions

The Radiocommunications Licence Conditions (Major Coast Receive Licence) Amendment Determination 2005 (No. 1) amends the Radiocommunications Licence Conditions (Major Coast Receive Licence) Determination No. 1 of 1997 (paragraph 107(1)(f)). The primary change introduced by this amendment is the addition of an inconsistency clause that clarifies the precedence of conditions between the licence conditions determinations (LCDs) and special conditions specified on individual apparatus licences. In the event of any inconsistency between the LCD and the special conditions, the condition specified on the licence applies (Section 2). Additionally, the name of the original determination has been slightly altered to remove the year from its title (Section 1). The obligations imposed by this Determination on the parties it governs include ensuring that the operation of radiocommunications equipment adheres to the Radiocommunications Act 1992 (the Act) and any applicable standards (Section 107(1)(f)). Licence holders must comply with both the conditions set out in the LCDs and any special conditions printed on their individual licence. The inconsistency clause aims to avoid potential conflicts and ensure that licence holders can operate under clear and consistent conditions. Breaching the conditions specified in the Radiocommunications Licence Conditions (Major Coast Receive Licence) Determination 2005 (No. 1) could lead to various consequences, depending on the nature and severity of the breach. While the specific penalties for breaches are not detailed in the Determination itself, the Radiocommunications Act 1992 provides a framework for enforcement actions, which may include fines or other penalties as stipulated by the Act (Section 107(1)(f)). The penalties for contravening the Act can vary based on the offence, with significant breaches potentially leading to substantial financial penalties or other legal consequences. The Radiocommunications Licence Conditions (Major Coast Receive Licence) Amendment Determination 2005 (No. 1) is designed to bring clarity and consistency to the regulatory framework governing major coast receive licences. By clarifying the precedence of conditions in the event of inconsistencies and updating the name of the original determination, the amendment aims to reduce potential conflicts and ensure that licence holders operate within a well-defined regulatory environment. The Australian Communications Authority (ACA) has taken steps to consult with relevant stakeholders, such as the Office of Regulation Review, to ensure that the amendments are minor and machinery in nature, with no significant impact on business operations.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.