Radiocommunications (Radiocommunications Receivers) Amendment Determination 2004 (No. 1)

Overview

The Radiocommunications (Radiocommunications Receivers) Amendment Determination 2004 (No. 1) was enacted to address a gap in the existing regulatory framework concerning the classification and oversight of radiocommunication receivers, specifically those used in defence operations. This amendment was introduced by the Australian Communications Authority under the provisions of the Radiocommunications Act 1992. The objective of this determination is to ensure that all radiocommunication receivers, including those used in defence operations, comply with the necessary standards and regulations, thereby enhancing the overall integrity and security of Australia's radiocommunication systems. This legislative instrument aims to provide a more comprehensive regulatory environment for radiocommunications receivers by explicitly including defence receive stations within the scope of the Radiocommunications (Radiocommunications Receivers) Determination 2000 (No. 2).

Scope and Application

The Radiocommunications (Radiocommunications Receivers) Amendment Determination 2004 (No. 1) amends the Radiocommunications (Radiocommunications Receivers) Determination 2000 (No. 2), applying under the authority of the Radiocommunications Act 1992. This legislative instrument is applicable to radiocommunications receivers, which includes entities and individuals involved in the manufacture, import, sale, or use of such receivers within Australia. This encompasses a broad spectrum of activities and industries, ensuring compliance with the outlined standards and specifications. The Determination has a national reach, governing the use and specifications of radiocommunications receivers across all states and territories in Australia. There are no specific exclusions or exemptions mentioned in the Determination; however, the scope of its application is extended and refined through the subordinate instrument, the Radiocommunications (Radiocommunications Receivers) Determination 2000 (No. 2), which is amended by Schedule 1 of this Determination. The amendments particularly focus on adding 'a defence receive station' to the list of stations, thus broadening the types of stations that can use radiocommunications receivers under the Determination.

Key Provisions

The Radiocommunications (Radiocommunications Receivers) Amendment Determination 2004 (No. 1) amends the Radiocommunications (Radiocommunications Receivers) Determination 2000 (No. 2). The primary amendment, detailed in Schedule 1, involves altering the definition of a 'radiocommunications receiver' in paragraph 3(d). The amendment removes the term 'station' and replaces it with 'station; or a defence receive station'. This change means that the definition now includes defence receive stations as part of the scope of radiocommunications receivers. This Determination came into effect on the date it was notified in the Gazette, which was 22 September 2004. The obligations and requirements imposed by this Determination primarily focus on the definition and classification of radiocommunications receivers. By expanding the definition to include defence receive stations, the Act now encompasses a broader range of devices and equipment. Entities and parties involved in the manufacture, importation, sale, or use of these receivers must now ensure compliance with the updated definition. This includes adhering to any relevant standards, regulations, and licensing requirements associated with these devices. Breaches of the provisions outlined in this Determination may result in civil or criminal consequences, depending on the nature and severity of the violation. While specific penalties are not detailed in the text provided, breaches of radiocommunications legislation generally may attract fines or other penalties as prescribed by the Radiocommunications Act 1992 or other related legislation. The maximum penalties can vary based on the specific offence and the jurisdiction under which it is prosecuted. It is important for all parties to be aware of these potential consequences and to ensure full compliance with the amended Determination to avoid any legal repercussions.