Overview

The Radiocommunications Miscellaneous Devices Class Licence 1999 Revocation Notice 2008, enacted under the authority of the Australian Communications and Media Authority (ACMA), revokes the Radiocommunications Miscellaneous Devices Class Licence 1999 established under the Radiocommunications Act 1992. This Act was introduced to address the need for a streamlined and efficient spectrum management system, particularly concerning low interference potential devices. The revocation of the Miscellaneous Devices Class Licence aims to simplify the licensing regime and reduce the regulatory burden on industry and the community by consolidating similar licensing conditions under the Radiocommunications (Low Interference Potential Devices) Class Licence 2000. This policy objective aligns with ACMA's ongoing strategy to enhance the effectiveness and efficiency of spectrum management.

Scope and Application

The Radiocommunications Miscellaneous Devices Class Licence 1999 Revocation Notice 2008 applies to the Radiocommunications Miscellaneous Devices Class Licence 1999, which was designed to permit the operation of video sender transmitters that transmit analog video and audio signals over very short distances. This class licence was issued by the Australian Communications and Media Authority (ACMA) and was applicable nationally across Australia. The revocation of this class licence is made under the authority provided by Section 135 of the Radiocommunications Act 1992, which allows ACMA to revoke a class licence through a notice published in the Commonwealth Gazette. The revocation is effective from the day after the notice is registered on the Federal Register of Legislative Instruments. The revocation process involved a public consultation period as mandated by Section 136 of the Act, which required ACMA to publish a notice in the Commonwealth Gazette and on its website, inviting submissions from the public. However, no submissions were received in relation to the revocation. The revocation is part of ACMA’s strategy to streamline the class licensing regime and alleviate the regulatory burden on industry and the community. The revocation does not affect the broader operation of video sender transmitters as they have been incorporated under the Radiocommunications (Low Interference Potential Devices) Class Licence, following a variation notice issued in 2008.

Key Provisions

The main operative sections of the Radiocommunications Miscellaneous Devices Class Licence 1999 Revocation Notice 2008 (the Revocation Notice) include section 3, which revokes the Radiocommunications Miscellaneous Devices Class Licence 1999 (the Miscellaneous Devices Class Licence) (section 3). This revocation is effective from the day after the Revocation Notice is registered, as outlined in section 2 of the Revocation Notice (section 2). Prior to the revocation, section 136 of the Radiocommunications Act 1992 (the Act) required the Australian Communications and Media Authority (ACMA) to publish a notice in the Commonwealth Gazette, inviting public submissions about the proposed revocation and providing a minimum of one month for these submissions (section 136). This consultation process was carried out as per the notice published on 29 October 2008 and remained open until 1 December 2008, with additional information provided on ACMA’s website during the same period. However, no submissions were received in response to the Revocation Notice. The Revocation Notice imposes several obligations and requirements on the parties it governs. Firstly, it mandates that any operation of radiocommunications transmitters within Australia must be authorised by a radiocommunications licence, as per the general requirement of the Act (section 136). The Miscellaneous Devices Class Licence, which is being revoked, was a type of class licence that authorised the operation of video sender transmitters. These devices transmit analog video and audio signals over very short distances, typically between consumer equipment such as a video recorder and a television. The Revocation Notice ensures that the operation of these devices now falls under the Radiocommunications (Low Interference Potential Devices) Class Licence 2000 (the LIPD Class Licence), which has already incorporated the conditions applicable to video sender transmitters. This transition is intended to simplify the class licensing regime and reduce the regulatory burden on industry and the community. The Revocation Notice also includes provisions that align with the legislative requirements for publishing notices and registering instruments. According to section 135 of the Act, ACMA can revoke a class licence by publishing a notice in the Commonwealth Gazette, a process that is satisfied by the registration of the instrument on the Federal Register of Legislative Instruments (FRLI) under subsection 56(1) of the Legislative Instruments Act 2003 (LIA) (sections 135, 56(1)). This ensures that the legal requirements for notice publication are met through the appropriate registration process. In terms of offences, penalties, or consequences for breach, the Revocation Notice itself does not specify any direct penalties. However, the Act and associated regulations outline various penalties for unauthorised operation of radiocommunications devices. Under the Radiocommunications Act 1992, unauthorised use of radiocommunications equipment can result in civil penalties, including fines. The specific penalties depend on the nature and extent of the infringement but can be substantial, particularly for commercial or repeated offences. Additionally, persistent or significant breaches could potentially lead to criminal charges, resulting in further penalties including fines and imprisonment, depending on the severity and circumstances of the breach. The exact penalties are detailed in the Radiocommunications Regulations 1992 and other related legislation, which must be considered in conjunction with the Revocation Notice.