EXPLANATORY STATEMENT
STATUTORY RULE 1984 NO. 184 ISSUED BY THE AUTHORITY OF THE MINISTER FOR COMMUNICATIONS
Subsection 93(1) of the Radiocommunications Act 1983 (the Act) provides in part:
“The Governor-General may make regulations, not inconsistent with this Act, prescribing matters -
(a) required or permitted by this Act to be prescribed;”
Subsection 9(2) of the Act provides that the Minister shall follow a public consultation procedure by notice published in accordance with the regulations before exercising his power to make standards for specified devices or devices included in a specified class of devices under subsection 9(1).
Subsection 16(3) provides that Ministerial advisory guidelines relating to any matter in connection with radio transmission or the reception of radio transmission made under subsection 16(1) shall be published in the prescribed manner.
Subsection 16(4) provides that the Minister shall follow a public consultation procedure by notice published in accordance with the regulations before exercising his power to make advisory guidelines under subsection 16(1).
Subsection 20(1) provides that the Minister shall follow a public consultation procedure by notice published in accordance with the regulations before exercising his power to make a radio frequency spectrum plan, or a frequency band plan not inconsistent with the spectrum plan, under sections 18 and 19.
Section 57 provides that a Commissioner appointed to hold an inquiry under Part X of the Act shall give reasonable notice by advertisement published in accordance with the regulations of his intention to hold the inquiry and of its time, place and subject-matter.
Details of the proposed Regulation 1 provides for citation of the regulations by their title.
Regulation 2 provides a definition of “the Act” for the purpose of the regulations.
Regulation 3 provides that the prescribed method of publication for notices under subsections 9(2), 16(4) or 20(1) of the Act, or advisory guidelines under subsection 16(3), shall be by publication in the Government Gazette. This is intended as a minimum requirement only, and does not preclude wider publication in circumstances where the Minister thinks fit.
Regulation 4 provides for publication of advertisements pursuant to a section 57 inquiry in newspapers with wide circulation in the area affected by the inquiry. Where an inquiry involves a matter of national significance, publication will be in a newspaper with national circulation, or in two or more newspapers which together ensure national circulation of the advertisement. Where an inquiry involves a matter of only regional significance, publication will be in a newspaper circulating throughout the affected region, or in two or more newspapers which together ensure regional circulation of the advertisement.