Radiocommunications Regulations 1993
Statutory Rules No. 177, 1993
made under the
Radiocommunications Act 1992
Compilation No. 17
Compilation date: 17 June 2021
Includes amendments up to: F2021L00735
Registered: 29 June 2021
About this compilation
This compilation
This is a compilation of the Radiocommunications Regulations 1993 that shows the text of the law as amended and in force on 17 June 2021 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1—Preliminary
1 Name of regulations
3 Definitions
Part 2—General
6 What functions or duties attract exemption from Parts 3.1, 4.1 and 4.2 of the Act?
Part 6—Miscellaneous
32 Officers who may give directions to which subsection 108(3) of the Act applies
34 Organisations specified for the purposes of paragraph 193(1)(a) of the Act
38 Instrument to be regarded in exercising power under Act
39 Qualifications required by officers who issue evidentiary certificates
41 Issue of duplicate instruments
Part 7—Application and transitional provisions
42 Transitional—appointment of authorised persons
Schedule 2—Officers of Organisations that deal with natural disasters
Schedule 3—Prescribed Organisations
Part 1—Fire‑Fighting, Civil Defence and Rescue Organisations
Part 2—Ambulance Services
Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Part 1—Preliminary
1 Name of regulations
These regulations are the Radiocommunications Regulations 1993.
3 Definitions
(1) In these Regulations:
Act means the Radiocommunications Act 1992.
Interpretation Determination means a determination, as in force from time to time, made under subsection 64(1) of the Australian Communications and Media Authority Act 2005.
Note: The following terms used in these Regulations are defined in section 5 of the Act: ACMA, certificate and licence.
(2) Unless the contrary intention appears, an expression used in these Regulations and in the Interpretation Determination has the same meaning in these Regulations as it has in the Interpretation Determination.
Part 2—General
6 What functions or duties attract exemption from Parts 3.1, 4.1 and 4.2 of the Act?
(1) For the purposes of subsection 26(1) of the Act, a function or duty of a member of the Defence Force, or an officer of the Defence Department, mentioned in column 1 of an item of the following table is taken to be a function or duty that relates to a matter mentioned in column 2 of that item.
Item | Column 1 Function or duty | Column 2 Matter |
1 | Function or duty relating to the control, operation or use of: (a) the Defence Force or any part of the Defence Force; or (b) the military, or any part of the military, of a foreign country acting in co‑operation with the Defence Force | Military command and control |
2 | Function or duty relating to the collection, analysis or dissemination of information for a purpose relating to the defence or security of: (a) Australia; or (b) a foreign country whose military is acting in co‑operation with the Defence Force | Intelligence |
3 | Function or duty relating to the control or operation of any system, equipment, weapon or thing intended for use in operations or activities of: (a) the Defence Force; or (b) the military of a foreign country acting in co‑operation with the Defence Force | Weapons systems |
4 | Function or duty relating to actions or procedures intended to ensure the safe conduct of operations or activities by: (a) the Defence Force; or (b) the military of a foreign country acting in co‑operation with the Defence Force | Safety |
5 | Function or duty relating to actions or procedures intended for the security of: (a) persons, information, equipment, assets or premises; or (b) operations or activities of: (i) the Defence Force; or (ii) the military of a foreign country acting in co‑operation with the Defence Force | Security |
(2) For the purposes of subsection 26(1A) of the Act, a function or duty of a member of a visiting force, or a member of a civilian component of a visiting force, mentioned in column 1 of an item of the following table is taken to be a function or duty that relates to a matter mentioned in column 2 of that item.
Item | Column 1 Function or duty | Column 2 Matter |
1 | Function or duty relating to the control, operation or use of: (a) the Defence Force or any part of the Defence Force; or (b) the military, or any part of the military, of a foreign country acting in co‑operation with the Defence Force | Military command and control |
2 | Function or duty relating to the collection, analysis, or dissemination of information for a purpose relating to the defence, security or international relations of: (a) Australia; or (b) a foreign country whose military is acting in co‑operation with the Defence Force | Intelligence |
3 | Function or duty relating to the control or operation of any system, equipment, weapon or thing intended for use in operations or activities of: (a) the Defence Force; or (b) the military of a foreign country acting in co‑operation with the Defence Force | Weapons systems |
4 | Function or duty relating to actions or procedures intended to ensure the safe conduct of operations or activities by: (a) the Defence Force; or (b) the military of a foreign country acting in co‑operation with the Defence Force | Safety |
5 | Function or duty relating to actions or procedures intended for the security of: (a) persons, information, equipment, assets or premises; or (b) operations or activities of: (i) the Defence Force; or (ii) the military of a foreign country acting in co‑operation with the Defence Force | Security |
(3) For the purposes of subsection 26(1B) of the Act, a function or duty of an authorised defence supplier mentioned in column 1 of an item of the following table is taken to be a function or duty that relates to a matter mentioned in column 2 of that item.
Item | Column 1 Function or duty | Column 2 Matter |
1 | Function or duty relating to the supply of goods or services to the Defence Force or the Defence Department relating to the control, operation or use of: (a) the Defence Force or any part of the Defence Force; or (b) the military, or any part of the military, of a foreign country acting in co‑operation with the Defence Force | Military command and control |
2 | Function or duty relating to the supply of goods or services to the Defence Force or the Defence Department relating to the collection, analysis or dissemination of information for a purpose relating to the defence or security of: (a) Australia; or (b) a foreign country whose military is acting in co‑operation with the Defence Force | Intelligence |
3 | Function or duty relating to the supply of goods or services to the Defence Force or the Defence Department relating to the control or operation of any system, equipment, weapon or thing intended for use in operations or activities of: (a) the Defence Force; or (b) the military of a foreign country acting in co‑operation with the Defence Force | Weapons systems |
4 | Function or duty relating to the supply of goods or services to the Defence Force or the Defence Department relating to actions or procedures intended to ensure the safe conduct of operations or activities by: (a) the Defence Force; or (b) the military of a foreign country acting in co‑operation with the Defence Force | Safety |
5 | Function or duty relating to the supply of goods or services to the Defence Force or the Defence Department relating to actions or procedures intended for the security of: (a) persons, information, equipment, assets or premises; or (b) operations or activities of: (i) the Defence Force; or (ii) the military of a foreign country acting in co‑operation with the Defence Force | Security |
Part 6—Miscellaneous
32 Officers who may give directions to which subsection 108(3) of the Act applies
The classes of officers referred to in Column 3 of Schedule 2 and the organisations referred to in Column 4 of that Schedule are specified for the purposes of subparagraph 108(3)(b)(v) of the Act.
34 Organisations specified for the purposes of paragraph 193(1)(a) of the Act
Each organisation referred to in an item in Part 1 or 2 of Schedule 3 is specified for the purposes of paragraph 193(1)(a) of the Act.
38 Instrument to be regarded in exercising power under Act
The Treaty between Australia and the Democratic Republic of Timor‑Leste Establishing their Maritime Boundaries in the Timor Sea done at New York on 6 March 2018, as altered from time to time, is prescribed for the purposes of section 299 of the Act.
Note: The treaty could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
39 Qualifications required by officers who issue evidentiary certificates
For the purposes of subsection 305(1) of the Act, the qualifications required, or that have at any time been required, by a person for the purposes of entry to the Australian Public Service as a Technical Officer are specified as the qualifications that must be held by a Commonwealth officer who may issue an evidentiary certificate under that subsection.
41 Issue of duplicate instruments
If a licence, certificate or permit is issued to a person under the Act has been lost or destroyed, the holder of the original licence, certificate or permit may apply to the ACMA for issue to the holder of a duplicate.
Part 7—Application and transitional provisions
42 Transitional—appointment of authorised persons
Despite the repeal of regulation 42 by the Radiocommunications Legislation Amendment (Reform and Modernisation) Regulations 2021, an appointment made under that regulation that is in force immediately before the commencement of Schedule 1 to that instrument continues to have effect, on and after that commencement, as if that repeal had not happened.
Schedule 2—Officers of Organisations that deal with natural disasters
(regulation 32)
Column 1 | Column 2 | Column 3 | Column 4 |
Item No | State or Territory | Class of Officer | Organisation |
1 | New South Wales | Director‑General of State Emergency Service and Civil Defence | New South Wales State Emergency Service |
2 | Victoria | Director | Victorian State Emergency Service |
3 | Queensland | Director | Queensland State Emergency Service |
4 | Western Australia | Director, Emergency Services Co‑ordination | Western Australia State Emergency Service |
5 | South Australia | Director | South Australian State Emergency Service |
6 | Tasmania | Director | Tasmanian State Emergency Service |
7 | Northern Territory | Director | Northern Territory Emergency Service |
8 | Australian Capital Territory | Director | Australian Capital Territory Ambulance Service |
Schedule 3—Prescribed Organisations
(regulation 34)
Part 1—Fire‑Fighting, Civil Defence and Rescue Organisations
Column 1 | Column 2 | Column 3 |
Item No | Australia, State or Territory | Organisation |
1 | Australia | Civil Aviation Authority‑Rescue and Fire‑fighting Service Each of the brigades or rescue services under the control of the Australian National Parks and Wildlife Service |
2 | New South Wales | New South Wales State Emergency Services Each of the brigades under the control of the New South Wales Fire Brigades or formed under the Bush Fires Act 1949 of the State of New South Wales Hunter Valley Mines Rescue Station Newcastle Mines Rescue Station Southern Mines Rescue Station Western Mines Rescue Station Volunteer Rescue Association, Forestry Commission of New South Wales (fire‑fighting units) National Parks and Wildlife Service (fire‑fighting units) |
3 | Victoria | Victorian State Emergency Service Each of the brigades under the control of the Melbourne Metropolitan Fire Brigades Board or of the Country Fire Authority or of the Department of Conservation and Natural Resources |
4 | Queensland | Queensland State Emergency Service Each of the brigades forming part of the Queensland State Fire Services or under the control of The Rural Fires Board of Queensland Central Queensland Mine Rescue Brigade Northern Queensland Mine Rescue Brigade South East Queensland Mine Rescue Brigade |
5 | Western Australia | Western Australian State Emergency Service Each of the brigades under the control of the Western Australia Fire Brigades Board, of the Bush Fires Board of Western Australia or of the Department of Conservation and Land Management |
6 | South Australia | South Australian State Emergency Service Each of the brigades under the control of the Metropolitan Fire Service or of the Country Fire Services of South Australia |
7 | Tasmania | Tasmanian State Emergency Service Each of the brigades or divisions under the control of the Tasmania Fire Service, the Forestry Commission or the National Parks and Wildlife Service |
8 | Northern Territory | Northern Territory Emergency Service Each of the brigades under the control of the Northern Territory Fire Service or of the Northern Territory Bush Fires Council |
9 | Australian Capital Territory | Fire and Emergency Services |
Part 2—Ambulance Services
Column 1 | Column 2 | Column 3 |
Item No | State or Territory | Organisations |
1 | New South Wales | New South Wales Ambulance Service |
2 | Victoria | Alexandra and district Ambulance Service Ambulance Service Victoria—Metropolitan Region Ambulance Service Victoria—North Eastern Region Ambulance Service Victoria—North Western Region Ambulance Service Victoria—South Eastern Region Ambulance Service Victoria—South Western Region Ambulance Service Victoria—Western Region |
3 | Queensland | St. John Ambulance Australia (Queensland) Queensland Ambulance Transport Brigade |
4 | Western Australia | St. John Ambulance Australia (Operations Branch) Western Australia District Ambulance Service of Western Australia (St. John Ambulance Association) |
5 | South Australia | South Australian St. John Ambulance Service |
6 | Tasmania | Tasmanian Ambulance Service |
7 | Northern Territory | St. John Ambulance Australia (NT) Inc. Department of Health and Community Services (Ambulance Services) |
8 | Australian Capital Territory | Australian Capital Territory Ambulance Service |
Endnotes
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.
Endnote 2—Abbreviation key
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub‑subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev…) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
LIA = Legislative Instruments Act 2003 | Sdiv = Subdivision(s) |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3—Legislation history
Number and year | FRLI registration or gazettal | Commencement | Application, saving and transitional provisions |
1993 No. 177 | 30 June 1993 | 1 July 1993 (r 2) |
|
1995 No. 62 | 31 Mar 1995 | 3 Apr 1995 | — |
1995 No. 259 | 7 Sept 1995 | 8 Sept 1995 (r 2 and Gazette 1995, No S341) | — |
1996 No. 158 | 24 June 1996 | 24 June 1996 | — |
1997 No. 121 | 4 June 1997 | 4 June 1997 | — |
1997 No. 283 | 8 Oct 1997 | 8 Oct 1997 | — |
1998 No. 330 | 16 Dec 1998 | 16 Dec 1998 | — |
1999 No. 271 | 17 Nov 1999 | 17 Nov 1999 (r 2) | — |
2000 No. 221 | 17 Aug 2000 | 17 Aug 2000 (r 2) | — |
2000 No. 257 | 15 Sept 2000 | 15 Sept 2000 (r 2) | — |
2001 No. 337 | 21 Dec 2001 | 21 Dec 2001 (r 2) | — |
2003 No. 118 | 19 June 2003 | 19 June 2003 (r 2) | — |
2005 No. 175 | 9 Aug 2005 (F2005L02191) | 10 Aug 2005 (r 2) | — |
2011 No. 208 | 25 Nov 2011 (F2011L02448) | 26 Nov 2011 (r 2) | — |
217, 2013 | 8 Aug 2013 (F2013L01540) | 9 Aug 2013 (s 2) | — |
218, 2013 | 8 Aug 2013 (F201301538) | 9 Aug 2013 (s 2) | — |
146, 2014 | 16 Oct 2014 (F2014L01358) | Sch 4 (item 1): 17 Oct 2014 (s 2) | — |
Name | Registration | Commencement | Application, saving and transitional provisions |
Timor Sea Legislation Amendment (Maritime Boundaries Treaty) Regulations 2019 | 12 Aug 2019 (F2019L01049) | Sch 1 (item 6): 30 Aug 2019 (s 2(1) item 1) | — |
Radiocommunications Legislation Amendment (Reform and Modernisation) Regulations 2021 | 11 June 2021 (F2021L00735) | Sch 1 (items 2–14): 17 June 2021 (s 2(1) item 1) | — |
Endnote 4—Amendment history
Provision affected | How affected |
Part 1 |
|
r 1..................... | rs 1998 No 330 |
r 2..................... | rep LA s 48D |
r 3..................... | am 1995 Nos 62 and 259; 1997 No 121; 1997 No 283; 1998 No 330; 1999 No 271; 2000 No 257 |
| rs 2011 No 208 |
| am No 217, 2013; F2021L00735 |
Part 2 |
|
r 4..................... | rs 1997 No 121 |
| am 1997 No 283; 1998 No 330; 1999 No 271 |
| rep 2000 No 257 |
r 5..................... | rs 1995 No 62 |
| am 1997 No 283 |
| rep 2000 No 257 |
r 6..................... | rs F2021L00735 |
Part 3 heading............. | rep F2021L00735 |
Division 1 heading.......... | rep F2021L00735 |
r 7..................... | rep 1995 No 259 |
Division 2 heading.......... | rep F2021L00735 |
rr 8–10.................. | am 1995 No 62 |
| rep 1995 No 259 |
r 11.................... | rs 1995 No 62 |
| rep 1995 No 259 |
Division 3................ | rep 1995 No 62 |
r 12.................... | rep 1995 No 62 |
Part 4................... | rep F2021L00735 |
r 13.................... | am 1998 No 330; 2011 No 208 |
| rep F2021L00735 |
r 14.................... | am 1998 No 330; 2011 No 208 |
| rep F2021L00735 |
rr 15–17................. | am 1995 No 62 |
| rep 1997 No 121 |
r 17A................... | ad 1995 No 62 |
| rep 1997 No 121 |
r 18.................... | am 1998 No 330; 2011 No 208 |
| rep F2021L00735 |
r 19.................... | am 1998 No 330; 2011 No 208 |
| rep F2021L00735 |
r 20.................... | rs 1998 No 330; 2011 No 208 |
| rep F2021L00735 |
r 21.................... | am 1998 No 330; 2011 No 208 |
| rep F2021L00735 |
r 22.................... | am 1998 No 330; 2011 No 208 |
| rep F2021L00735 |
Part 5................... | rep F2021L00735 |
r 23.................... | am 1995 No 62 |
| rs 1999 No 271 |
| rep F2021L00735 |
r 24.................... | rep F2021L00735 |
r 25.................... | am 1996 No 158; 1998 No 330; 2011 No 208 |
| rep F2021L00735 |
r 26.................... | am 1998 No 330; 2011 No 208 |
| rep F2021L00735 |
r 27.................... | am 1998 No 330; 2011 No 208 |
| rep F2021L00735 |
r 28.................... | rep F2021L00735 |
r 29.................... | rep F2021L00735 |
r 30.................... | rep F2021L00735 |
r 31.................... | rep F2021L00735 |
Part 6 |
|
r 32A................... | ad 2003 No 118 |
| rs No 218, 2013 |
| rep F2021L00735 |
r 33.................... | rep F2021L00735 |
r 35.................... | rep 1998 No 330 |
r 36.................... | rep F2021L00735 |
r 37.................... | am 1995 No 62; 1997 No 121 |
| rep 1998 No 330 |
r 38.................... | rs 2000 No 221; 2005 No 175; F2019L01049 |
r 38A................... | ad No 217, 2013 |
| rep F2021L00735 |
r 38B................... | ad No 217, 2013 |
| rep F2021L00735 |
r 40.................... | am 1995 No 62; 2001 No 337 |
| rep F2021L00735 |
r 41.................... | am 1998 No 330; 2011 No 208 |
Part 7 |
|
Part 7................... | ad F2021L00735 |
r 42.................... | rs 1998 No 330 |
| am 1999 No 271; 2011 No 208 |
| rs F2021L00735 |
r 43.................... | am 1995 No 62 |
| rep 1998 No 330 |
r 44.................... | rep 1995 No 62 |
r 45.................... | rep F2021L00735 |
r 46.................... | rep No 146, 2014 |
Schedule 1................ | rs 1995 No 62 |
| am 1997 No 121 |
| rep F2021L00735 |
Schedule 4................ | rep F2021L00735 |