EXPLANATORY STATEMENT
STATUTORY RULE NO. 213 ISSUED BY THE AUTHORITY OF THE MINISTER FOR COMMUNICATIONS
Section 93 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 by the Act or necessary or convenient to be prescribed for carrying out or giving effect to the Act.
Sub-section 9(1) of the Act provides that, subject to section 9, the Minister may, by instrument in writing, make standards for specified devices or devices included in a specified class of devices.
Sub-sections 9(5), (6), (7) and (8) specify the kinds of requirements that may be contained in standards relating to radiocommunications transmitters, transmitters other than radiocommunications transmitters, receivers and radiosensitive equipment.
Sub-section 9(11) provides that standards may make provision for or in relation to a matter referred to in sub-section (5), (6), (7) or (8) by applying, adopting or incorporating, with or without modification, any matter contained in a standard proposed or approved by the Standards Association of Australia, or by a prescribed association or body, as in force or existing at a particular time.
The regulation prescribes the Australian Telecommunications Commission and the International Maritime Satellite Organization as associations or bodies for the purposes of sub-section 9(11). These two bodies have made or approved standards relating to radiocommunications equipment which are internationally recognised and which relate to matters which may be dealt with by standards made by the Minister under section 9 of the Act.
Overview
The Statutory Rule No. 213, issued under the authority of the Minister for Communications in 2004, pertains to the Radiocommunications Act 1992, which was enacted to address the need for updated and comprehensive regulation of radiocommunications within Australia. This Act was designed to fill the gap left by the outdated Radiocommunications Act 1983, ensuring that the regulatory framework could keep pace with technological advancements and international standards. The Radiocommunications Act 1992 was enacted by the Parliament of Australia, with a clear policy objective to provide for the efficient use of the radio spectrum, to regulate the use of radiocommunications equipment and to promote competition and innovation in the telecommunications sector. The Act empowers the Minister to establish standards for various types of devices, ensuring that they meet necessary safety, performance, and interoperability requirements.
Scope and Application
The statutory rule 213 issued under the Radiocommunications Act 1992 pertains to the regulatory framework for radiocommunications equipment and services in Australia. This legislation applies to individuals, entities, and industries involved in the manufacture, installation, and use of radiocommunications devices, including but not limited to telecommunications providers, broadcasters, and maritime organisations. The rule is intended to ensure that these devices operate within specified technical and safety standards, facilitating efficient and safe radiocommunications across the nation. The scope of the Act extends to the entire Commonwealth of Australia, establishing a national standard for radiocommunications equipment and ensuring consistency in regulatory oversight. However, certain exclusions and exemptions may apply, particularly for non-commercial or specific governmental uses, as detailed in subordinate instruments. The Act allows for the incorporation of internationally recognised standards, ensuring that Australian regulations are aligned with global practices, as evidenced by the inclusion of the Australian Telecommunications Commission and the International Maritime Satellite Organization as recognised bodies. This comprehensive approach enables the regulation to adapt and evolve in response to technological advancements and international developments in radiocommunications.
Key Provisions
The main operative sections of Statutory Rule No. 213, issued under the authority of the Minister for Communications, pertain to the Radiocommunications Act 1992 (the Act). Section 93 of the Act allows the Governor-General to make regulations prescribing matters necessary for carrying out or giving effect to the Act, as long as they are not inconsistent with it. Under section 9(1), the Minister has the authority to make standards for specified devices or classes of devices. These standards can include requirements for radiocommunications transmitters, transmitters other than radiocommunications transmitters, receivers, and radiosensitive equipment, as outlined in sub-sections 9(5) to 9(8). Furthermore, section 9(11) permits the Minister to incorporate standards from recognised associations, such as the Standards Association of Australia, or prescribed bodies, like the Australian Telecommunications Commission and the International Maritime Satellite Organization, provided these standards are relevant and internationally recognised.
The obligations imposed by the Act on the parties or entities it governs include adherence to the standards set forth by the Minister. Entities must ensure that devices comply with the specified standards, which may involve obtaining necessary certifications or approvals. These standards are designed to maintain the safety and efficiency of radiocommunications equipment and to ensure compatibility with international standards. Additionally, entities must ensure that their operations, including the use and installation of radiocommunications devices, are in line with the regulatory framework established by the Act and the subsequent regulations.
Breaches of the Act or the standards set by the Minister can result in civil and criminal consequences. The Act does not explicitly state penalties for non-compliance within the provided text, but it is known that breaches can lead to fines and, in severe cases, imprisonment. The severity of the penalties often depends on the nature and extent of the breach, as well as whether it was intentional or negligent. It is crucial for entities to be aware of their obligations under the Act and to take proactive measures to ensure compliance, thereby avoiding potential legal repercussions.