EXPLANATORY STATEMENT
STATUTORY RULES 1985 NO. 195
Issued by the Authority of the Minister for Communications
Sub-section 93(1) of the Radiocommunications Act 1983 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing matters required or permitted to be prescribed, or necessary or convenient to be prescribed for giving effect to the Act.
The Act and cognate Acts will, on their commencement, replace the existing scheme of regulation of the radio frequency spectrum, which is contained in the Wireless Telegraphy Act 1905, in cognate Acts and in regulations. This will be accomplished by the Radiocommunications (Miscellaneous Provisions and Consequential Amendments) Act 1983, which repeals the existing scheme of legislation.
By virtue of section 2(1) of the Act, the Act and cognate Acts will commence on a date to be fixed by Proclamation. This arrangement was intended to ensure adequate time for the preparation of regulations necessary or convenient for giving effect to the new scheme of legislation.
As the Act will have extraterritorial application and the existing legislation does not, the launch of the first AUSSAT Proprietory Limited satellite will make commencement of the Act essential to empower the Minister to licence the satellite, which will orbit far outside of Australian airspace. As the first AUSSAT satellite is scheduled for launch at the end of August this year, the date fixed by Proclamation for the commencement of the Act is 20 August 1985. By virtue of section 4 of the Acts Interpetation Act 1901, the Governor-General may make regulations before an empowering Act comes into operation, to take effect on
commencement of the empowering Act, It is wished to make regulations under the following provisions of the Act, pursuant to section 4 of the Acts Interpretation Act, 1901.
Sub-section 3(1) of the Act provides that an Australian satellite means a satellite declared by the Regulations to be an Australian satellite for the purposes of the Act. It is necessary to make a regulation declaring any space satellites owned and operated by AUSSAT Proprietory Limited to be Australian satellites for the purposes of the Act to enable the Minister to licence them.
Sub-section 11(5) of the Act provides in part that the regulations may prescribe the form of words to be applied to radiocommunications equipment to indicate that the equipment is intended to be used outside of Australia. It is necessary to make a regulation prescribing such a form of words.
Paragraph 93(2)(h) of the Act provides in part that the regulations may make provision for fees pursuant to section 12, which deals with the issue of certificates showing compliance with Ministerial standards for radiocommunications equipment. It is necessary to make regulations prescribing fees for the examination of equipment and the issue of certificates of compliance.
Section 22 of the Act provides in part that for the purposes of Part VI of the Act, the term “radiocommunications transmitter” does not include a transmitter in a class of transmitters prescribed in the regulations. Part VI of the Act is concerned with the grant of transmitter licences and temporary permit licences, and the effect of such a regulation would be to exempt certain classes of transmitter from the requirement of licensing. The Minister is concerned to exempt several types of weak transmitter from the requirement of licensing.
Section 32 of the Act provides in part that for the purposes of Part VII of the Act, the term “receiver” means a receiver declared by the regulations to be a receiver for the purposes of
the part. As Part VII of the Act concerns the grant of receiver licences, the effect of such a regulation would be to render the classes of receivers prescribed liable to the licensing requirements. The Minister is concerned to licence several classes of receiver.
Paragraphs 25(1)(j) and 38(6)(b) of the Act provide that a licence to operate a transmitter or a receiver, respectively, is subject to such conditions (if any) as are prescribed in the regulations. Before commencement of the Act it is wished to make regulations requiring licences to be displayed or produced at the request of a Departmental inspector and empowering inspectors to give directions to licensees necessary to avoid interference to radiocommunications. It is also wished to prescribe special conditions applying to certain classes of licence. For these and other purposes, the proposed regulations will also contain definitions of all classes of station for which a licence can be obtained under the Act.
Paragraph 93(2)(m) provides, in part, that the regulations may make provision for the issue of duplicates of prescribed licences, test permits, compliance statement certificates, frequency reservation certificates, temporary permits, transmitter licences, receiver licences and certificates of proficiency. It is wished to make such provision with effect from commencement.
Paragraph 93(2)(c) provides that the regulations may prescribe the form of search warrants for the purposes of section 70. To enable inspectors to seize equipment or other things believed to be associated with the commission of an offence under the Act, it is wished to prescribe such a warrant in regulations in place at the commencement of the Act.
Sub-section 93(2) of the Act provides, amongst other things, that the regulations may make provision for examinations conducted under section 31, which empowers the Minister to issue certificates of proficiency. The sub-section also provides for
the issue of duplicates of certificates of proficiency. These certificates certify that for the purposes of the Act, the holder is a qualified operator with respect to transmitter licences specified on the certificate. It is wished to make regulations with effect from commencement providing for examinations for a number of classes of certificate of proficiency.
Section 84 empowers a Commonwealth officer who holds qualifications prescribed in the regulations to issue an evidentiary certificate which is to be treated in certain court proceedings as prima facie evidence of the assertions it contains. It is wished to make a regulation prescribing such qualifications so that evidentiary certificates can be issued.
Sub-section 71(9) provides that for the purposes of section 71, which empowers a magistrate to issue a warrant by telephone in certain circumstances, the word “magistrate” includes a Justice of the Peace who holds an office prescribed in the regulations. It is wished to empower certain court officials who are Justices of the Peace to issue warrants by telephone.
Details of the proposed Radiocommunications (Licensing and General) regulations are as follows.
Regulation 1 provides a citation for the regulations.
Regulation 2 provides definitions of a number of terms which occur frequently throughout the regulations. A reference in the Act to an Australian satellite shall be read as a reference to a space satellite owned and operated by AUSSAT Proprietory Limited. The categories of transmitter licence listed in Schedule 1 have the meanings set out in that Schedule.
Regulation 3 provides a formula of words to be applied to equipment which is intended to be used only outside of Australia.
Regulation 4 provides that where equipment is examined for compliance with equipment standards under section 12 of the Act, the applicant is liable at least seven days before the examination to pay the fee ascertained in accordance with Schedule 2 of the regulations. There is a discount when equipment is examined for compliance with more than one standard. An applicant who pays the fee but does not proceed with the examination is entitled to a partial refund.
Regulation 5 provides for a fifty dollar fee for the issue or variation of a compliance statement certificate under section 12 of the Act, except where the variation is imposed by the Minister.
Regulation 6 provides that the classes of transmitter specified do not require licences under the Act. Standard 306 refers to headset communicators. The other types of transmitter are set out in Schedule 3 of the regulations.
Regulation 7 provides that the classes of receiver specified require licences under the Act.
Regulation 8 provides that licences shall be in a form approved by the Minister and may be issued in combined form when more than one licence is granted to a person.
Regulation 9 provides that licences, or copies of licences granted in combined form, must be displayed with the transmitters or receivers to which they relate. In specified cases, it is sufficient to produce the licence to an inspector who is able to show evidence of his authority.
Regulation 10 provides that the Minister may on application issue duplicates of specified licences, certificates and permits when the originals have been lost or destroyed.
Regulation 11 provides that it is a condition of all transmitter licences that they only communicate with stations specified on the licence, except during an emergency or with the written authorisation of the Minister or an inspector.
Regulation 12 provides that an inspector may give written directions to a licensee concerning the installation, maintenance and operation of radiocommunications or ancillary equipment, to the extent reasonably necessary to avoid interference to radiocommunications. Except in the case of an amateur station, a licensee must not make alterations likely to cause interference except in accordance with written directions from, or with the consent in writing of an inspector.
Regulation 13 provides that an amateur station may communicate only with other amateur stations except in emergencies. Communications with other amateur stations must be of a personal nature or relating to experiments and must not include the transmission of messages from third parties for financial gain or relating to the financial affairs of any person. Amateurs must not communicate with amateur stations in countries whose governments have objected to such communications, or transmit messages on behalf of third parties to amateurs in other countries except where the relevant country has reached an agreement with Australia permitting such messages.
Regulation 14 provides that an amateur station may only be used for self-training, intercommunication and investigations into radiocommunications, and not for financial gain or to transmit any form of entertainment.
Regulation 15 provides that an amateur station must employ such frequencies or emissions, specified in the licence, as the Minister or an inspector determines. The station must give its call-sign at the beginning and end of a transmission or series of transmissions, and at ten minute intervals during a transmission. Licensees must take steps to avoid unessential emissions or
interference to other stations and must not, except for brief tests and adjustments, transmit on certain frequencies unless the signal is intelligable.
Regulation 16 provides that an amateur station shall be under the control of the licensee at all times.
Regulation 17 provides that a citizen band radio station must not transmit on certain specified frequencies except during an emergency, and may only transmit on other specified frequencies to communicate with other citizen band stations or in cases of emergency when the emergency frequencies are unavailable. Transmissions on various of the specified frequencies are subject to technical conditions.
Regulation 18 provides that the form of search warrant for the purposes of section 70 of the Act is the form set out in Schedule 4 of the regulations.
Regulation 19 provides that for the purposes of granting a search warrant by telephone pursuant to section 71, the term “magistrate” includes the clerk and deputy clerk of a court of summary jurisdiction which exercises criminal jurisdiction.
Regulation 20 provides that evidentiary certificates pursuant to section 84 of the Act may be issued by a Commonwealth officer who holds qualifications sufficient, or which have at any time been sufficient, for entry into the Commonwealth Public Service as a Technical Officer.
Schedule 1 provides descriptions of all classes of station in respect of which a transmitter licence can be granted under the Act.
Schedule 2 contains examination fees for the purposes of section 12 of the Act.
Schedule 3 contains prescribed classes of transmitter for the purposes of section 22 of the Act.
Schedule 4 provides a form of search warrant for the purposes of section 70 of the Act.
Details of the proposed Radiocommunications (Certificate of Proficiency) Regulations are as follows:
Regulation 1 provides a citation for the regulations.
Regulations 2 provides definitions of a number of terms which occur frequently throughout the regulations.
Regulation 3 provides that a Restricted Operator’s Certificate of Proficiency examination is an examination conducted by an authorised person on the matters set out in the regulation. Applicants may take examinations in either or both of radiotelegraphy and radiotelephony. In the case of telegraphy, the applicant must be able to send and receive messages in morse code, understand the safe operation of a specified radiotelegraph installation and show a knowledge of appropriate International Telecommunications Convention (ITC) regulations. In relation to radiotelephony, the applicant must sent and receive messages by radiotelephone, understand the operation of a specified radiotelephone installation and show a knowledge of appropriate ITC regulations.
Regulation 4 provides that an Amateur Operator’s Certificate of Proficiency examination is an examination conducted by an authorised person on the principles of electricity and radiocommunications and on such provisions of the ITC, the Act and regulations as relate to the operation of amateur stations.
Regulation 5 provides that a Limited Amateur Operator’s examination is an examination conducted by an authorised person on the principles of electricity and radiocommunications and on such provisions of the ITC, the Act and regulations as relate to the operation of limited amateur stations.
Regulation 6 provides that a Novice Amateur Operator’s Certificate of Proficiency examination is an examination conducted by an authorised person on the principles of electricity and radiocommunication, on such provisions of the ITC, the Act and regulations as relate to the operation of novice amateur stations and on the ability of applicants to send and receive messages in morse code.
Regulation 7 provides that the transmitter licences appropriate to the various classes or proficiency certificate will be the licences set out in Schedule 1 to the regulations.
Regulation 8 provides that on application for a certificate, the Minister shall, if an examination is appropriate, notify the applicant of the time, place and cost of the examination. The applicant is not entitled to undertake the examination unless the fee has been paid, and is not entitled to any refund of that fee if he or she does not subsequently undertake the examination.
Regulation 9 provides that the fee for an examination specified in column 2 of Schedule 2 of the regulations is the fee shown in column 3 of that Schedule.
Regulation 10 provides that an authorised person will notify applicants as soon as possible after an examination of their results and, where applicable, of their right to apply in writing to the Secretary within 28 days of notification for a reassessment of their results. On receipt of such an application, together with the specified reassessment fee, the Secretary shall direct the authorised officer to conduct the reassessment and give written notice to the applicant. The 28 day period for such
an application may be extended where, in view of the Secretary, it is reasonable to do so.
Regulation 11 provides that the fee for the issue of a certificate is $5.
Regulation 12 provides that the Minister may, for a $5 fee, issue to the holder of a certificate a duplicate of that certificate, where the original has been lost or destroyed.
Schedule 1 of the regulations provides a list of transmitter licences appropriate to the proficiency certificate examinations contained in the regulations.
Schedule 2 of the regulations provides a list of fees for examinations under the regulations. Fees for individual examinations will be either $5 or $10.
Authority: Section 93 of the Radiocommunications Act 1983.