Radiocommunications (Radiocommunications Receivers) Determination 2000 (No. 2)

Overview

The Radiocommunications (Radiocommunications Receivers) Determination 2000 (No. 2), made under the Radiocommunications Act 1992, is a legislative instrument designed to specify the types of radiocommunications receivers that are subject to certain regulatory requirements. This Determination was enacted to provide clarity and structure in the regulation of radiocommunications receivers, addressing gaps in the original 2000 Determination by updating and refining the definitions and classifications. The policy objective is to ensure that the regulation of radiocommunications receivers aligns with current technological advancements and operational needs, thereby facilitating efficient and effective spectrum management. This Determination came into effect upon gazettal and superseded the earlier Radiocommunications (Radiocommunications Receivers) Determination 2000.

Scope and Application

The Radiocommunications (Radiocommunications Receivers) Determination 2000 (No. 2), as amended, is a legislative instrument made under the Radiocommunications Act 1992. It applies to radiocommunications receivers that are part of specific stations, including earth receive stations, fixed receive stations, major coast receive stations, space receive stations, and defence receive stations. This Determination provides a detailed definition and specification of radiocommunications receivers, ensuring clarity and consistency in their regulation. The Determination revokes the previous Radiocommunications (Radiocommunications Receivers) Determination 2000, effective from its gazettal. The application of this Determination is national in scope, aligning with the broad jurisdictional reach of the Radiocommunications Act 1992. The Determination does not explicitly state exclusions, exemptions, or thresholds, but its applicability is confined to the specified types of radiocommunications receivers. The Determination can be extended or modified through subordinate instruments, such as the Radiocommunications (Radiocommunications Receivers) Amendment Determination 2004 (No. 1), which amends the original Determination.

Key Provisions

The Radiocommunications (Radiocommunications Receivers) Determination 2000 (No. 2) outlines the specific types of radiocommunication receivers that are regulated under the Radiocommunications Act 1992. As per section 3, a radiocommunication receiver is defined as a device that is, or forms part of, an earth receive station (section 3(a)), a fixed receive station (section 3(b)), a major coast receive station (section 3(c)), a space receive station (section 3(d)), or a defence receive station (section 3(e)). This Determination is instrumental in specifying which receivers are subject to regulatory oversight under the broader legislative framework. Entities or parties governed by this Determination are required to ensure that any radiocommunication receivers they possess or operate meet the specifications and regulatory standards outlined in the Radiocommunications Act 1992. This includes compliance with any additional regulations or standards that may be set by the relevant authorities, such as the Australian Communications and Media Authority (ACMA). It is essential for these entities to maintain records and documentation that demonstrate compliance with the Determination and any associated legislative requirements. Breaches of the provisions outlined in this Determination can lead to various consequences. Under the Radiocommunications Act 1992, non-compliance may result in enforcement actions by the ACMA, which can include fines, penalties, or other administrative measures. The Act does not explicitly detail maximum penalties within the Determination itself, but penalties for contraventions of the Radiocommunications Act 1992 can be significant, including substantial fines and potential criminal charges for serious or repeated offences. The specific penalties would depend on the nature and severity of the breach, as well as any relevant case law or precedents.