EXPLANATORY STATEMENT
Statutory Rule 1988 No. 348 Issued by the Authority of the Minister for Transport and Communications
Subsection 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 by the Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to the Act.
Subparagraph 25(1)(g)(v) of the Act provides that a licence to operate and possess a radiocommunications transmitter is subject to the condition that the holder of the licence shall comply with any direction with respect to the operation of a transmitter given to the licensee, in a manner not inconsistent with any relevant guidelines in force under subsection 25(4) of the Act, either orally or in writing by an officer included in a prescribed class of officers, being an officer of a prescribed organisation the sole or principal purpose of which is to deal with natural disasters.
Paragraph 65(4)(a) of the Act provides that a person who, without reasonable excuse, uses a transmitter in a manner likely to interfere substantially with radiocommunications carried on by or on behalf of a prescribed organisation, being -
(i) a fire-fighting, civil defence or rescue organisation;
(ii) an ambulance service; or
(iii) any other organisation the sole or principal purpose of which involves securing the safety of persons during an emergency;
is guilty of an offence punishable on conviction by a fine not exceeding $10,000 or imprisonment for a period not exceeding 5 years, or both.
Before the making of these regulations nothing had been prescribed for the purposes of subparagraph 25(1)(g)(v) or paragraph 65(4)(a) of the Act. The Minister for Transport and Communications approved the making of regulations pursuant to those provisions.
The Radiocommunications (Licensing and General) Regulations (Amendment) provide for a new Schedule 3AA listing prescribed classes of officers and prescribed organisations for the purposes of subparagraph 25(1)(g)(v) of the Act, and a new Schedule 3B listing prescribed organisations for the purposes of paragraph 65(4)(a) of the Act.
The regulations also insert a frequency range into column 2 in item 1 of Schedule 2A of the Regulations, which was omitted due to an oversight in the preparation of amendments to the Regulations made by Statutory Rules 1988 No. 156.
Details of the proposed Regulations are:
Clause 1: Principal Regulations
Provides that in the Regulations, “Principal Regulations” means the Radiocommunications (Licensing and General) Regulations.
Clause 2: Prescribed classes of officers and prescribed organisations: subparagraph 25(1)(a)(v) of the Act
Inserts a new regulation 10A to provide that each organisation and the class of officers of the organisation specified in each item in Schedule 3AA are prescribed for the purposes of subparagraph 25(1)(g)(v) of the Act.
Clause 3: Prescribed organisations: paragraph 65(4)(a) of the Act
Inserts a new regulation 18C to provide that each organisation specified in Schedule 3B is prescribed for the purposes of paragraph 65(4)(a) of the Act.
Clause 4: Schedule 2A
Inserts the frequency range “148 to 174 MHz” in column 2 in item 1 of Schedule 2A to the Principal Regulations. Clause 4 also corrects a typographical error in column 2 in item 7 of Schedule 2A by substituting “and” for “or”.
Clause 5: Schedule 3AA
Inserts a new Schedule 3AA listing the organisations and classes of officers of those organisations which are prescribed for the purposes of subparagraph 25(1)(g)(v) of the Act.
Clause 6: Schedule 3B
Inserts a new Schedule 3B listing the organisations which are prescribed for the purposes of paragraph 65(4)(a) of the Act.
Overview
The Radiocommunications (Licensing and General) Regulations (Amendment) Statutory Rule 2004, issued under the authority of the Minister for Transport and Communications, aims to amend the Radiocommunications Act 1983 by filling specific regulatory gaps identified in the original Act. This legislative amendment responds to the need for prescribed matters regarding the operation of radiocommunication transmitters and interference with critical emergency services' radiocommunications. The Minister's approval for these regulations underscores the importance of ensuring that radiocommunications infrastructure supports and does not hinder emergency response operations. By defining the classes of officers and organisations relevant to issuing directions and prescribing offences related to interference, the amendment seeks to bolster the effectiveness of the Radiocommunications Act in maintaining public safety during emergencies.
Scope and Application
The Radiocommunications (Licensing and General) Regulations (Amendment) Statutory Rule 1988 No. 348, issued under the authority of the Minister for Transport and Communications, serves to amend the Radiocommunications (Licensing and General) Regulations. These amendments are intended to address specific provisions of the Radiocommunications Act 1992, particularly concerning the operation of radiocommunication transmitters and interference with radiocommunications carried out by organisations involved in emergency services. This regulatory amendment applies to all holders of licences to operate and possess a radiocommunications transmitter, ensuring they comply with directions from prescribed officers of prescribed organisations. These organisations are primarily tasked with dealing with natural disasters, fire-fighting, civil defence, rescue operations, and ambulance services, as well as other entities focused on ensuring public safety during emergencies. The regulations extend to the Commonwealth of Australia, aligning with the national scope of the Radiocommunications Act 1992. The amendments also rectify an oversight in previous regulations by inserting a specific frequency range into Schedule 2A, thereby ensuring that the regulations are both comprehensive and accurate in their application.
Key Provisions
The main operative sections of the Radiocommunications (Licensing and General) Regulations (Amendment) Statutory Rule 1988 No. 348, issued under the authority of the Minister for Transport and Communications, include the insertion of new regulations and schedules. Specifically, regulation 10A is introduced to prescribe classes of officers and organisations for the purposes of subparagraph 25(1)(g)(v) of the Radiocommunications Act 1983 (the Act), while regulation 18C is introduced to prescribe organisations for the purposes of paragraph 65(4)(a) of the Act. These new regulations are supported by Schedules 3AA and 3B, which list the prescribed classes of officers and organisations respectively. Additionally, the amendment corrects a frequency range in Schedule 2A, inserting the range "148 to 174 MHz" into item 1 of Schedule 2A, and rectifies a typographical error in item 7 of Schedule 2A.
The Act imposes several obligations and requirements on the parties it governs. For instance, licence holders are required to comply with any directions given by prescribed officers regarding the operation of a radiocommunications transmitter. These directions must be given in a manner consistent with relevant guidelines under the Act. Furthermore, the Act mandates that any use of a transmitter that could substantially interfere with radiocommunications carried out by prescribed organisations, such as fire-fighting, civil defence, rescue, or ambulance services, must be avoided unless there is a reasonable excuse. This requirement is intended to ensure that emergency services can operate without interference, thereby safeguarding public safety during emergencies.
The regulations also introduce potential consequences for non-compliance with the Act. Under paragraph 65(4)(a) of the Act, any person who uses a transmitter in a manner likely to interfere substantially with radiocommunications carried out by prescribed organisations without reasonable excuse commits an offence. This offence is punishable by a fine not exceeding $10,000, imprisonment for a period not exceeding 5 years, or both. Such stringent penalties underscore the importance of adhering to the regulations to prevent disruptions to critical emergency services.
By providing detailed specifications of prescribed classes of officers and organisations, as well as correcting an oversight in frequency ranges, these regulations aim to enhance the clarity and effectiveness of the Radiocommunications Act 1993. The amendments ensure that the correct authorities are empowered to give directions and that the scope of protected organisations is explicitly defined. This, in turn, helps to maintain the integrity of emergency communications and ensures that the operational efficacy of essential services is not compromised.