EXPLANATORY STATEMENT
Statutory Rules 1985 No. 221
Issued by the Authority of the Minister for Communications
Sub-section 93(1) of the Radiocommunications Act 1983 (the Principal Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing matters required or permitted to be prescribed, or necessary or convenient to be prescribed for giving effect to the Act.
The Radiocommunications (Licensing and General) Regulations (the Principal Regulations) are made pursuant to sub-section 93(1) of the Principal Act. A major function of these regulations is to identify and define classes of radiocommunications transmitters and receivers which require licences under the Principal Act.
In the context of the Budget, radiocommunications licence fees payable under Taxation Acts cognate to the Principal Act are increased and fees are stipulated for several newly-created categories of licence. The amendments of the Principal Regulations reflect these new classes of transmitter licences and receiver licences, for which fees are be payable under concurrent amendments of the cognate Taxation Acts.
Details of the amending regulations are as follows:
Regulation 1 provides that the amending regulations come into operation on 9 September 1985.
Regulation 2 provides a citation for the Radiocommunications (Licensing and General) Regulations (the Principal Regulations)
Regulation 3(a) contains a consequential amendment to the numbering of certain Schedule Items to correspond with appropriate Expressions in the new Schedule.
Regulation 3(b) amends the definition of “fixed station” in sub-regulation 2(1) of the Principal Regulations to make it clear that a fixed station is a station established for communication with one other station established at a fixed point on land.
Regulation 3(c) introduces a new definition of “narrow band area receiver” which is defined as a receiving land station used in connection with a narrow band area station.
Regulation 3(d) omits the definitions of “remote control station” and “remote control Station Class C” to reflect the description “remote control station” in the new Schedule and deletion of “remote control station Class B” and “Trunked land mobile service”.
Regulation 4 amends regulation 7 of the Principal Regulations to add narrow band area receivers to the prescribed classes of receivers requiring licences under the Principal Act.
Regulation 5 repeals Schedule 1 to the Principal Regulations which provides descriptions of all classes of station in respect of which a transmitter licence can be granted under the Principal Act, and introduces a new schedule which:
(a) provides for new classes of Base Station Class A - high or low density location;
(b) provides for specified mobile stations operated in combination with a high density or low density location Base Station Class A to be authorised under a single service licence in certain circumstances;
(c) deletes the inaccurate term “terrestrial” from the existing description of Experimental station;
(d) introduces a definition of Narrow band area station;
(e) deletes references in the existing Schedule to “Remote control station, Class A” “Remote control Station, Class B” and “Trunked land mobile service”; and
(f) introduces, a new item “Remote control station”.
Authority: Section 93 of the Radiocommunications Act 1983.
Overview
The Radiocommunications (Licensing and General) Regulations 1985 were enacted to provide detailed implementation guidelines for the Radiocommunications Act 1983. These regulations, made under section 93 of the Act, address the need for precise definitions and classifications of various radiocommunications transmitters and receivers that require licences. The Radiocommunications Act 1983 established a framework for regulating radiocommunications in Australia, but it left the detailed specifications to be prescribed through regulations. This ensures that the administration of radiocommunications is consistent and comprehensive, covering newly identified categories of transmitters and receivers. The enacting body for these regulations is the Minister for Communications, reflecting the federal government's role in managing radiocommunications. The policy objective is to streamline the licensing process for different classes of radiocommunications equipment and to update the regulatory framework in line with technological advancements and changes in industry practices.
Scope and Application
The Radiocommunications (Licensing and General) Regulations, amended under the authority of the Radiocommunications Act 1983, pertain to the licensing of various types of radiocommunications transmitters and receivers within Australia. These regulations are applicable to entities and individuals involved in the operation of such devices, encompassing a wide range of industries and conduct that involves radiocommunications. The jurisdictional reach of these regulations is national, as they are established under the Commonwealth of Australia. The regulations introduce new categories of licences and stipulate fees for these licences, which are payable under the concurrent amendments of relevant Taxation Acts. Notably, the regulations exclude certain types of stations and services that are either redefined or removed from the scope of licensing, such as the deletion of “remote control station Class B” and “Trunked land mobile service.” The application of these regulations can be further refined through subordinate instruments, which may provide additional details or adjustments to the licensing framework.
Key Provisions
The Radiocommunications (Licensing and General) Regulations 1985, as amended, set forth the essential provisions governing the licensing and operation of radiocommunications transmitters and receivers in Australia. Regulation 1 establishes the commencement date of the amending regulations, which is 9 September 1985. Regulation 2 provides the citation for these regulations, clarifying their scope and purpose. Regulation 3(a) makes a consequential amendment to the numbering of certain Schedule Items to ensure consistency with the new Schedule, facilitating easier reference and understanding. Regulation 3(b) refines the definition of "fixed station" in sub-regulation 2(1), specifying that a fixed station is a station established for communication with one other station at a fixed point on land. This clarification helps to avoid ambiguity and ensures that operators understand the scope of what constitutes a fixed station.
The regulations impose several obligations on the parties involved. Firstly, operators of narrow band area receivers must obtain the necessary licences, as stipulated in Regulation 4, which amends regulation 7 of the Principal Regulations. This requirement ensures that all such receivers are appropriately licensed and regulated. Regulation 5 introduces new classes of stations, including Base Station Class A, which can operate in high or low density locations, and specifies circumstances under which certain mobile stations can be authorized under a single service licence. These provisions aim to streamline the licensing process and ensure that all stations comply with the necessary regulatory requirements. Additionally, the regulations delete outdated or inaccurate terms such as "terrestrial" from the description of Experimental stations and introduce new definitions, such as "Narrow band area station," to keep the terminology current and precise.
Failure to comply with the provisions of these regulations can result in significant consequences. Under the Radiocommunications Act 1983, unauthorised operation of radiocommunications transmitters and receivers can lead to both civil and criminal penalties. The specific penalties for breaches may vary depending on the nature and severity of the offence but can include substantial fines and, in more severe cases, imprisonment. It is crucial for all operators to adhere to the licensing requirements and definitions provided in these regulations to avoid any legal repercussions.