EXPLANATORY STATEMENT
Issued by the Authority of the Australian Communications and Media Authority
Radiocommunications Licence Conditions (Scientific Licence) Amendment
Determination 2007 (No. 1)
Radiocommunications Act 1992
Legislative Provisions
Paragraph 107(1)(f) of the Radiocommunications Act 1992 (the Act) provides for the Australian Communications and Media Authority (ACMA) to determine, by written instrument, conditions in relation to particular types of apparatus licences.
A Determination made under paragraph 107(1)(f) is a disallowable instrument for the purposes of section 42 of the Legislative Instruments Act 2003.
Purpose
The Radiocommunications Licence Conditions (Scientific Licence) Amendment Determination 2007 (No.1) amended the Radiocommunications Licence Conditions (Scientific Licence) Determination 1997 (the Scientific LCD) to clarify the circumstances under which a scientific apparatus licence may be issued.
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 Conditions (Apparatus Licence) Determination 2003 and any other determinations made by ACMA under paragraph 107(1)(f) of the Act;
- conditions specified in the licence; and
- any further conditions imposed by ACMA under section 111 of the Act.
Under paragraph 107(1)(f) of the Act, the ACMA 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 licence referred to in this explanatory statement are specified in the Radiocommunications Licence Conditions (Apparatus Licence) Determination 2003 and the Radiocommunications Licence Conditions (Scientific Licence) Determination 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’.
Issues
The amendments made by the Radiocommunications Licence Conditions (Scientific Licence) Amendment Determination 2007 (No.1) are associated with amendments made by the Radiocommunications (Interpretation) Amendment 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 the Radiocommunications Licence Conditions (Scientific Licence) Determination 1997
Section 3 provided that Schedule 1 amended the Radiocommunications Licence Conditions (Scientific Licence) Determination 1997.
Schedule 1 Amendment
[1] Section 5 including the note was amended by substituting other words to clarify that:
a scientific station must not be operated if the activity that is to be undertaken can be undertaken using a station under another type of licence; and
a scientific station may be operated so long as the station operates primarily to perform any of a number of specified activities, including trials of new radiocommunications technology.