Radiocommunications (section 145 (3) Certificates) Determination 2000
as amended
made under section 266A of the
Radiocommunications Act 1992
This compilation was prepared on 1 January 2006
taking into account amendments up to Radiocommunications (section 145 (3) Certificates) Amendment Determination 2005 (No. 1)
Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department, Canberra
Contents
1 Title [see Note 1]
2 Commencement
3 Purpose
4 Interpretation
5 Conditions
Notes
1 Title [see Note 1]
This determination is the Radiocommunications (section 145 (3) Certificates) Determination 2000.
2 Commencement
This determination commences on 4 December 2000.
3 Purpose
This determination sets out the conditions that apply in relation to the issuing of a certificate under subsection 145 (3) of the Act for any band.
4 Interpretation
In this determination, unless the contrary intention appears:
accredited person means a person accredited under section 263 of the Act to issue certificates for the purposes of section 145 of the Act.
the Act means the Radiocommunications Act 1992.
Section 145 determination means a determination of unacceptable levels of interference made by the ACA under section 145 of the Act for a particular band.
5 Conditions
The conditions for the issue of a certificate under subsection 145 (3) of the Act, for a transmitter operating under a spectrum licence issued for a band, are that:
(a) the accredited person is satisfied that the operation of the device will not cause an unacceptable level of interference as set out in the section 145 determination for the band; or
(b) the accredited person is satisfied that sufficient internal guard space has been allocated to mitigate potential interference from the transmitter, in accordance with the Radiocommunications Advisory Guidelines (Registration of Devices under Spectrum Licences without an Interference Impact Certificate) 1998; or
(c) the accredited person is satisfied that consent in writing to interference from the transmitter has been given by all licensees who, in the opinion of the accredited person, may be affected by the interference.
Notes to the Radiocommunications (section 145 (3) Certificates) Determination 2000
Note 1
The Radiocommunications (section 145 (3) Certificates) Determination 2000 (in force under section 266A of the Radiocommunications Act 1992) as shown in this compilation is amended as indicated in the Tables below.
Under the Legislative Instruments Act 2003, which came into force on 1 January 2005, it is a requirement for all non-exempt legislative instruments to be registered on the Federal Register of Legislative Instruments.
Table of Instruments
Title | Date of notification
in Gazette or FRLI registration | Date of
commencement | Application, saving or
transitional provisions |
Radiocommunications
(section 145 (3) Certificates) Determination 2000 | 6 Dec 2000 (see Gazette 2000, No. S617 | 4 Dec 2000 | |
Radiocommunications
(section 145 (3) Certificates) Amendment Determination 2005 (No. 1) | 18 Oct 2005 (see F2005L03101) | 1 Jan 2006 | — |
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
Provision affected | How affected |
S. 3................. | am. 2005 No. 1 |
S. 5................. | rs. 2005 No. 1 |
Overview
The Radiocommunications (section 145 (3) Certificates) Determination 2000, as amended, was enacted to address the need for a structured approach to issuing certificates under section 145 (3) of the Radiocommunications Act 1992. This legislation was introduced by the Parliament of Australia and aims to ensure that any radiocommunication device does not cause unacceptable levels of interference. The determination sets out specific conditions that must be met by an accredited person before issuing a certificate for a transmitter operating under a spectrum licence for any band. These conditions include ensuring the device will not cause interference, allocating sufficient internal guard space, or obtaining written consent from potentially affected licensees. The determination was amended in 2005 to further refine the process and ensure compliance with the overarching policy objectives of the Radiocommunications Act 1992.
Scope and Application
The Radiocommunications (section 145 (3) Certificates) Determination 2000, as amended, applies to the issuance of certificates under subsection 145(3) of the Radiocommunications Act 1992 for any band, aiming to regulate the interference caused by transmitters operating under a spectrum licence. It applies to accredited persons, defined as those accredited under section 263 of the Act to issue such certificates, and encompasses all transmitters operating within the specified bands. The geographic reach of this legislation is national, as it is a Commonwealth Act. The determination specifies conditions for the issuance of certificates, ensuring that the operation of a device will not cause an unacceptable level of interference as determined by the Australian Communications and Media Authority under section 145 of the Act, or that sufficient internal guard space has been allocated to mitigate potential interference, or that all potentially affected licensees have consented in writing to the interference. This determination does not specify any exclusions, exemptions, or thresholds, but it can be extended or restricted through subordinate instruments such as the Radiocommunications Advisory Guidelines.
Key Provisions
The Radiocommunications (section 145 (3) Certificates) Determination 2000, as amended, sets out specific conditions for the issuance of a certificate under subsection 145 (3) of the Radiocommunications Act 1992 (the "Act"). The primary objective of this determination is to ensure that the operation of a transmitter, as part of a spectrum licence, does not cause unacceptable levels of interference within a designated band. According to section 5, a certificate can be issued if the accredited person is satisfied that either the operation of the device will not cause unacceptable interference, sufficient internal guard space has been allocated to mitigate potential interference, or all potentially affected licensees have given written consent to the interference (sections 5(a), 5(b), and 5(c)).
The obligations imposed by the Act on parties involved include ensuring that any transmitter operating under a spectrum licence complies with the specified conditions outlined in the determination. Accredited persons, who are authorised to issue certificates, must verify that the transmitter's operation meets one of the three conditions mentioned above. This involves a thorough assessment to prevent any unacceptable interference that could disrupt radiocommunications services. Licensees, on the other hand, must cooperate with the accredited persons and provide any necessary information or documentation to facilitate this verification process.
Failure to comply with the conditions set out in this determination can result in significant legal consequences. The Act does not explicitly list offences, penalties, or consequences for non-compliance within this determination itself. However, the overarching framework of the Radiocommunications Act 1992 provides for various penalties. These can include fines, cancellation of spectrum licences, and other regulatory actions. The specific penalties would depend on the nature and severity of the breach, as well as any additional provisions outlined in related legislation or administrative guidelines.