EXPLANATORY STATEMENT
STATUTORY RULE 1986 NO. 125 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 all 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.
Sub-section 55(1) of the Act provides that the Minister may direct that an inquiry be conducted in respect of a matter that relates to radiocommunications. Sub-section 55(5) provides, amongst other things, for the appointment of Commissioners to conduct such inquiries.
Section 62 provides that a person appearing as a witness at an inquiry shall, if the Commissioner so directs, be paid by the Commonwealth such allowances for his travelling and other expenses as are prescribed.
The regulation provides a scale of witnesses’ fees and travelling expenses which is directly modelled on the scale of expenses prescribed under the Public Accounts Committee Act 1951 for payment to witnesses appearing before the Public Accounts Committee. That scale is tied in turn to expenses prescribed in the High Court Rules. Those Rules, which are updated regularly on the recommendation of the Federal Costs Advisory Committee, are the basis of fee scales applied by other Commonwealth administrative tribunals.
The regulation provides for the payment of daily appearance fees at the rate set from time to time in the High Court Rules, the payment of a reasonable additional amount to expert witnesses and the payment of a reasonable amount by way of reimbursement of travelling and accommodation expenses.
Overview
The Radiocommunications Act 1992, enacted by the Parliament of Australia, addresses the need for regulation and oversight of radiocommunications services within the country. This Act was introduced to establish a framework for the management of radiocommunications, ensuring that the use of radio spectrum is efficient and orderly, while also protecting public interests and facilitating technological advancements. The explanatory statement outlines the authority granted to the Minister for Communications under Section 93 of the Act to make regulations necessary for implementing the Act, and the provisions under Section 55 for directing inquiries related to radiocommunications, including the appointment of Commissioners. Furthermore, the Act ensures that individuals appearing as witnesses at inquiries are compensated for their expenses, as stipulated in Section 62, with fees and expenses modeled on those prescribed under the Public Accounts Committee Act 1951 and the High Court Rules. The policy objective of this legislation is to maintain a balanced and fair regulatory environment that supports the growth and innovation in the radiocommunications sector while safeguarding public interests.
Scope and Application
The Statutory Rule 1986 No. 125 issued under the authority of the Minister for Communications pertains to the Radiocommunications Act 1992. This legislation applies to individuals and entities involved in radiocommunications activities, including those who may be called as witnesses in inquiries related to radiocommunications. The scope of the Act is national, as it operates under the Commonwealth jurisdiction, thereby affecting entities and individuals across Australia. The regulation specifically provides for the payment of witnesses' fees and travelling expenses in accordance with a scale modelled on that prescribed under the Public Accounts Committee Act 1951 and updated High Court Rules, ensuring consistency with other Commonwealth administrative tribunals. The application of this Act is extended through subordinate instruments, which set the specific rates for fees and allowances, thereby ensuring the regulation remains current and relevant to the context of administrative practices and costs.
Key Provisions
The main operative sections of this legislation are section 93, which allows the Governor-General to make regulations as required or permitted by the Radiocommunications Act 1983, and section 55, which allows the Minister to direct an inquiry into radiocommunications matters and appoint Commissioners to conduct such inquiries (ss 93, 55). Additionally, section 62 provides for the payment of allowances for witnesses appearing at these inquiries, with the fees and expenses prescribed in the regulation (s 62).
The obligations imposed by this legislation primarily involve the payment of allowances to witnesses appearing at inquiries conducted under the Act. The scale of these allowances is prescribed in the regulation and is based on the scale used for witnesses appearing before the Public Accounts Committee and the High Court Rules. This means that the fees and expenses for witnesses are directly tied to the expenses prescribed in the High Court Rules, which are updated regularly based on recommendations from the Federal Costs Advisory Committee (s 62). The regulation specifies that these allowances include daily appearance fees, additional amounts for expert witnesses, and reasonable reimbursement of travelling and accommodation expenses.
Breach of the provisions outlined in this legislation can lead to various civil and criminal consequences, although specific offences and penalties are not detailed in the explanatory statement. However, the Act itself contains provisions for offences and penalties related to radiocommunications, which may apply to any breaches of the regulations made under section 93. In particular, section 127 of the Radiocommunications Act 1992 provides for a range of penalties, including fines and imprisonment, for various offences related to the use of radiocommunications equipment and services. The maximum penalties can vary depending on the specific offence and circumstances of the breach. Given the importance of these matters, it is crucial for parties and entities governed by the Act to comply with the regulations and obligations set out in this legislation to avoid potential legal repercussions.