Radiocommunications (Licensing and General) Regulations (Amendment) 1991 No. 78
EXPLANATORY STATEMENT
Statutory Rules 1991 No. 78
Radiocommunications (Licensing and General) Regulations (Amendment) 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 for the purposes of the Act.
Section 24 of the Act provides that the Minister may grant to an applicant a licence to operate and to possess specified radiocommunications transmitters or radiocommunications transmitters included in a class of radiocommunications transmitters.
Subregulation 2(5) of the Radiocommunications (Licensing and General) Regulations (the Regulations) provides for the specification of different classes of licence in Schedule 1 to those Regulations.
By Statutory Rules 1990 NO.358 a new licence class was inserted at item 20A in Schedule 1 known as 'Cordless telephone system service'. Paragraph (a) of the definition of this new licence class in Column 3 of item 20A, previously provided for a base station, not forming part of a cellular mobile telephone service, to be connected by a line to a public switched telephone network. It became apparent that the technology already exists whereby a base station in a cordless telephone system service may be connected to a public switched telephone network either by a line, or by means of radiocommunications. Regulation 2 of the amending Regulations amends paragraph (a) to provide for a base station to be connected to a public switched telephone network by either means.
Section 9 of the Act provides for the making of Ministerial Standards relating to the design and performance of radiocommunications devices.
Section 12 of the Act provides that the Minister may issue to an applicant a certificate authorising the applicant to apply to a specified device, or a device included in a specified class of devices, a statement certifying that the device complies with a specified Ministerial Standard made under section 9. Section 12 also provides that the Minister may, for the purposes of section 12, require an applicant to submit a device for examination against the relevant Ministerial Standard.
Subparagraph 93(2)(h)(iii) of the Act provides that regulations may be made prescribing fees to be payable in respect of examinations conducted under section 12.
Schedule 2 of the Regulations sets out the fees payable with respect to examinations conducted under section 12.
Statutory Rules 1990 No.353 inserted new item 4A into Schedule 2 to provide for a fee of $1500 for testing a device for compliance with Ministerial Standard No.309. Statutory Rules No.358 (regulation 7) omitted Schedule 2 and substituted a new Schedule 2 which incorporated two new items providing fees for testing for compliance with two new Ministerial Standards Nos. 244 and 274. Unfortunately the substituted Schedule 2 did not include the item for testing against Ministerial Standard No.309. Regulation 3 of the amending Regulations re-inserts a fee for testing against ministerial Standard No.309 at new item 6A in Schedule 2.
Overview
The Radiocommunications (Licensing and General) Regulations (Amendment) 1991 No. 78 amends the existing Radiocommunications (Licensing and General) Regulations, which were established under the Radiocommunications Act 1983. This legislative amendment was enacted to address gaps in the existing regulatory framework that failed to account for technological advancements in cordless telephone systems. By aligning the regulatory requirements with current technological capabilities, the amendments aim to ensure that the licensing and examination processes remain effective and relevant. This update was issued by the Authority of the Minister for Transport and Communications, reflecting a commitment to maintain a robust regulatory environment that supports innovation while ensuring public safety and efficient communication services. The overarching policy objective is to provide a flexible and forward-looking regulatory structure that can adapt to rapid technological changes in the radiocommunications sector.
Scope and Application
The Radiocommunications (Licensing and General) Regulations (Amendment) 1991 No. 78 amends the Radiocommunications (Licensing and General) Regulations 1990 to address the evolving technological landscape in radiocommunications, particularly in relation to cordless telephone systems. This amendment applies to entities and persons who operate or possess specified radiocommunications transmitters, including those connected to public switched telephone networks through either a line or radiocommunications. The amendment ensures that the regulations reflect current technology by adjusting the definition of the 'Cordless telephone system service' to accommodate both line and radiocommunications connections. Furthermore, the amendment reinstates a fee for testing device compliance with Ministerial Standard No. 309, which had been inadvertently omitted in a previous amendment. These changes are made under the authority of the Radiocommunications Act 1992 and are applicable nationally across Australia, extending the regulatory framework to encompass new technological developments while maintaining the integrity of existing regulatory standards.
Key Provisions
The main sections of the Radiocommunications (Licensing and General) Regulations (Amendment) 1991 No. 78, provide key amendments to the existing regulatory framework concerning radiocommunications. Regulation 2 addresses the definition of a base station in the context of a 'Cordless telephone system service', clarifying that such a base station can connect to a public switched telephone network either by a line or by means of radiocommunications. This is an important update to reflect technological advancements and ensure that the regulatory language aligns with current practices (Reg 2). Regulation 3 rectifies an oversight in the previous amendments by reinstating a specific fee structure for testing compliance with Ministerial Standard No.309, which was inadvertently omitted in the earlier amendments (Reg 3). These changes are crucial for ensuring that the regulatory requirements are comprehensive and up-to-date with technological changes.
The obligations and requirements imposed by these Regulations are primarily aimed at ensuring that the licensing and examination processes for radiocommunications devices are clear and comprehensive. The updated definition of a base station under Regulation 2 ensures that the licensing requirements for cordless telephone systems are accurately described, providing clarity for both the regulator and the licensees. Furthermore, Regulation 3 reinstates the necessary fee structure for compliance testing, ensuring that there is a formal and documented process for verifying that devices meet the specified Ministerial Standards. This helps maintain the integrity of the licensing process and ensures that all devices on the market meet the necessary safety and performance standards.
The amendments also address potential breaches and the associated penalties. While the specific offences, penalties, or civil/criminal consequences are not detailed within the text of the amending Regulations, they are governed by the overarching provisions of the Radiocommunications Act 1992. Under this Act, any failure to comply with the licensing requirements or Ministerial Standards could result in legal consequences. These may include fines, revocation of licences, or other administrative penalties for non-compliance. The Act also provides for both civil and criminal sanctions, depending on the severity and intent of the breach. The precise penalties would be determined based on the specific circumstances of the case and the relevant sections of the Act.
Overall, the Radiocommunications (Licensing and General) Regulations (Amendment) 1991 No. 78 provide essential updates to the regulatory framework for radiocommunications in Australia. By clarifying the definition of a base station and reinstating the necessary fees for compliance testing, these Regulations ensure that the licensing and examination processes are both accurate and comprehensive. This, in turn, helps maintain the integrity and safety of the radiocommunications sector.