EXPLANATORY STATEMENT
Statutory Rules 1990 No. 354
Radiocommunications (Penalties) 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.
Radiocommunications (Penalties) Regulations
Paragraph 93(2)(d) of the Act provides that, without limiting the generality of the regulation-making power in subsection (1), the regulations may make provision for and in relation to, amongst other things, enabling a person who is alleged to have committed an offence against various provisions in the Act or regulations, including subsection 65(9) of the Act, to pay the Commonwealth, as an alternative to prosecution, a penalty of an amount calculated in accordance with subsection 93(2A). This penalty is considerably less than the maximum fine which could be imposed by a Court in relation to an offence.
Subsection 65(9) of the Act prohibits substantial interference, disruption or disturbance to radiocommunications for the purposes of harassing another person. Subsection 93(2A) of the Act provides that if regulations are made to enable a penalty to be paid as an alternative to prosecution for this offence, the penalty will be $100.
The Radiocommunications (Penalties) Regulations (the Penalties Regulations) provide for a scheme to administer the issuing of infringement notices and the payment of penalties as an alternative to prosecution for offences against the Act. The offences covered by this scheme are specified in the definition of “prescribed offence” in regulation 2 of the Penalties Regulations.
The Regulations amended the definition of “prescribed offence” in regulation 2 of the Penalties Regulations to include a reference to an offence against subsection 65(9) of the Act to allow for a penalty to be paid as an alternative to prosecution.