Radiocommunications (Licensing and General) Regulations (Amendment)

Overview

The Radiocommunications (Licensing and General) Regulations (Amendment) Statutory Rules 1990 No 353 were enacted to amend the existing Radiocommunications (Licensing and General) Regulations under the Radiocommunications Act 1992. These regulations address the need to establish a fee for testing devices against specific ministerial standards, particularly focusing on the examination of 406 MHz Satellite Distress Beacons against Ministerial Standard No. 309. The enactment of these regulations is pursuant to the authority granted under subsection 93(1) of the Radiocommunications Act 1992, allowing the Governor-General to make regulations for the purposes of the Act. The policy objective behind these amendments is to ensure that appropriate fees are charged for the examination of devices, thereby facilitating compliance with specified standards and maintaining the integrity of the licensing process within the radiocommunications sector.

Scope and Application

The Radiocommunications (Licensing and General) Regulations, amended by Statutory Rules 1990 No 353, apply to any person or entity seeking to have a device tested against ministerial standards under the Radiocommunications Act 1992. This encompasses a broad range of industries and conduct related to radiocommunications, including maritime, aviation, and other sectors that rely on communication devices. The geographic reach of these regulations is national, as they are enacted under the Commonwealth of Australia. The new amendment introduces a fee of $1,500 for testing a device against Ministerial Standard No. 309, specifically for 406 MHz Satellite Distress Beacons, thereby imposing a financial obligation on those seeking compliance certification. The Act extends its application through the subordinate instrument of these regulations, which provide detailed provisions for fees associated with device examinations and certifications. There are no exclusions or exemptions noted in the amendment itself, though the overarching Act and regulations may contain other provisions that could affect eligibility or applicability.

Key Provisions

The Radiocommunications (Licensing and General) Regulations (Amendment) Statutory Rules 1990 No 353, issued under the authority of the Minister for Transport and Communications, introduces an amendment to the Radiocommunications (Licensing and General) Regulations. This amendment specifically pertains to the fees associated with the examination of devices to ensure they comply with ministerial standards, as stipulated under section 12 of the Radiocommunications Act 1983. The amendment introduces a new testing fee of $1,500 for the examination of devices against Ministerial Standard No. 309 ‘406 MHz Satellite Distress Beacons’, which was made on 21 December 1989. This new fee is now included in Schedule 2 of the Radiocommunications (Licensing and General) Regulations. Under these regulations, applicants who wish to obtain a certificate authorising them to apply a specified standard to a device, or a class of devices, must undergo an examination process. The Minister may require this examination to ensure the device complies with the specified standard as made under section 9 of the Act. The new amendment means that if an applicant seeks to have their device tested against Ministerial Standard No. 309 for 406 MHz Satellite Distress Beacons, they must now pay a fee of $1,500 for this examination. This fee is a direct imposition of the amendment and is essential for the proper conduct of the testing process. The Radiocommunications (Licensing and General) Regulations impose several obligations on the parties involved. For applicants, it is necessary to comply with the examination requirements as stipulated by the Minister under section 12(2) of the Act. This includes paying the applicable fees as outlined in Schedule 2 of the Regulations. The Minister, on the other hand, has the responsibility to conduct or oversee the examinations to ensure devices meet the required standards. The addition of the new testing fee for Ministerial Standard No. 309 means that applicants must be aware of and prepare to pay this fee as part of their compliance obligations. Failure to comply with the provisions of the Radiocommunications (Licensing and General) Regulations, including the payment of the required fees, may result in various consequences. While the specific consequences for non-compliance are not detailed in the provided text, it can be inferred that breaches of regulatory requirements could lead to legal actions. Typically, such breaches might result in fines or other penalties as prescribed under the relevant sections of the Act. Additionally, the inability to comply with the standards and fees may prevent an applicant from obtaining the necessary certification for their devices, which could impact their ability to operate legally within the scope of the Act.