EXPLANATORY STATEMENT
Statutory Rule 1988 No. 156 Issued By the Authority of the
Minister For Transport and Communications Support
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.
Paragraph 93(2)(h) of the Act provides that, without limiting the generality of subsection (1), the regulations may make provision for and in relation to fees to be payable in respect of (amongst other things)-
• the issue and variation of type approval certificates; and
• tests conducted under section 15A, 24 or 38.
Subsection 15A(1) of the Act provides that subject to the section, upon application in accordance with the appropriate approved form, the Minister shall issue to the applicant a type approval certificate authorising the applicant and, if the certificate so specifies, his or her agents, to apply in a specified manner, to a specified device a statement in accordance with the appropriate approved form certifying that the operation of the device does not have an adverse effect on radiocommunications.
Subsection 15A(2) provides that, for the purposes of section 15A, the Minister may, if the Minister considers it necessary to do so, by notice in writing served on the applicant, request the applicant to:
(a) submit the device for testing;
(b) permit the Minister to test the device; or
(c) give the Minister such information in relation to the device, or the operation of the device as is specified in the notice.
Subsection 24(1) gives the Minister a broad discretionary power to grant licences to operate and possess radiocommunications transmitter licences.
Paragraph 24(2)(d) provides that in exercising his powers under subsection (1) to grant a transmitter licence the Minister shall have regard to the effect on radiocommunications of the proposed operation of the transmitters.
Subsection 24(2A) provides that for the purposes of paragraph 24(2)(d), the Minister may, if he considers it necessary to do so, by notice in writing served on the applicant, request the applicant to-
(a) submit the transmitter for testing; or
(b) permit the Minister to test the transmitter.
Subsection 38(1) gives the Minister a broad discretionary power to grant licences to operate receivers.
Paragraph 38(2)(b) provides that in exercising his powers under subsection 38(1) the Minister shall have regard to the effect on radiocommunications of the proposed operation of the receivers.
Subsection 38(2A) provides that for the purposes of paragraph (2)(b), the Minister may, if he considers it necessary to do so, by notice in writing served on the applicant, request the applicant to:
(a) submit the receiver for testing; or
(b) permit the Minister to test the receiver.
The amending regulations set fees for type-testing and the issue and variation of type approval certificates.
Notes on clauses
Regulation 1: Commencement
Provides that the Regulations commence on 1 July 1988.
Regulation 2: Principal Regulations
Provides that “Principal Regulations” means the Radiocommunications (Licensing and General) Regulations.
Regulation 3: Fee in respect of tests conducted under Section 15A of the Act.
Inserts a new regulation 4A into the Principal Regulations. Regulation 4A has six subregulations.
Subregulation 4A(1): provides that, subject to regulation 4A, the fee payable for the type-testing of devices is as set out in Schedule 2A of the Principal Regulations.
Subregulation 4A(2): provides that type-testing fees are payable not later than 7 days before the time specified for the test.
Subregulation 4A(3): provides that where, after the payment of the fee in respect of a test, the applicant does not proceed with the test, he or she is entitled to a refund of an amount equal to the amount of the fee, less $50. The $50 retained covers the administrative cost incurred prior to the actual testing of the device.
Subregulation 4A(4): provides that where a device is to be subjected to more than one test there is payable in respect of those tests the amount of the higher or highest fee and the amount of half of the total of the fees applicable to the other tests.
Subregulation 4A(5): provides that where a device is both a receiver and a transmitter but is to be tested only as a receiver the fee payable is 60% of the fee that would be payable if the device were also to be tested as a transmitter. Where the device is to be tested only as a transmitter the fee payable is 70% of the fee that would be payable if it were also to be tested as a receiver.
Subregulation 4A(6) provides that where a device is submitted for re-testing within 6 months of a previous testing and in the course of the re-testing is subjected to a test to which it was previously subjected the fee payable in respect of that test is to be reduced by half.
Regulation 4: Fee for issue or variation of certificate
Regulation 5 of the Principal Regulations previously provided that a fee of $50 was payable for the issue or variation of a compliance statement certificate only except where the variation is imposed by the Minister. Amending regulation 4 extends this fee to the issue or variation of a type approval certificate.
Regulation 5: Issue of duplicate instruments
Amends regulation 10 of the Principal Regulations by adding the type approval certificate to the list of instruments in respect of which a duplicate may be issued by the Minister where the original has been lost or destroyed. A fee of $5 is payable on the issue of a duplicate instrument.
Regulation 6: Schedule 2A
Inserts a Schedule 2A into the Principal Regulations. The new Schedule sets out the fee payable for the testing of various specified devices pursuant to section 15A of the Act. The fees have been calculated on a laboratory time rate of $70 per hour.