Radiocommunications (Significant Event – Australian Motorcycle Grand Prix) Declaration 2023
The Australian Communications and Media Authority makes the following declaration under subsection 54A(2) of the Radiocommunications Equipment (General) Rules 2021.
Dated: 4 October 2023
Dominic Byrne
[signed]
Executive Manager
Australian Communications and Media Authority
1 Name
This is the Radiocommunications (Significant Event – Australian Motorcycle Grand Prix) Declaration 2023.
2 Commencement
This instrument commences at the start of the day after the day it is registered.
Note: This instrument is a notifiable instrument and is available, free of charge, from the Federal Register of Legislation at www.legislation.gov.au.
3 Authority
This instrument is made under subsection 54A(2) of the Radiocommunications Equipment (General) Rules 2021.
4 Definitions
In this instrument:
Australian Motorcycle Grand Prix has the meaning given to “Australian Motorcycle Grand Prix event” in the Australian Grands Prix Act 1994 (Vic).
GDA94 means the geodetic datum designated as the “Geocentric Datum of Australia (GDA)”, gazetted in the Commonwealth of Australia Gazette No. GN 35 on 6 September 1995, as existing on that date.
Note: Gazette No. GN 35 is available, free of charge, from the Federal Register of Legislation at www.legislation.gov.au.
5 Declaration of significant event
For the purposes of section 54A of the Radiocommunications Equipment (General) Rules 2021:
(a) the Australian Motorcycle Grand Prix to be held in 2023 is declared to be a significant event (the significant event); and
(b) the period commencing on 18 October 2023 and ending on 23 October 2023 is the period of the significant event; and
(c) the location of the significant event is a circle that:
(i) is centred on the following GDA94 coordinates: -38.502601°, 145.23369°;
(ii) has a 3 kilometre radius.
Note 1: The location of the significant event covers the Phillip Island Grand Prix circuit in Phillip Island, and parts of the surrounding area.
Note 2: The declaration of the Australian Motorcycle Grand Prix as a significant event has consequences for the operation, possession and supply of certain devices under the Radiocommunications Equipment (General) Rules 2021. See also the Radiocommunications (Low Interference Potential Devices) Class Licence 2015, the Telecommunications (Labelling Notice for Customer Equipment and Customer Cabling) Instrument 2015 and the Telecommunications (Types of Cabling Work) Declaration 2013.
Overview
The Radiocommunications (Significant Event – Australian Motorcycle Grand Prix) Declaration 2023 was enacted by the Australian Communications and Media Authority under subsection 54A(2) of the Radiocommunications Equipment (General) Rules 2021. This declaration was introduced to address the need for specific regulations during the 2023 Australian Motorcycle Grand Prix, ensuring that the event can proceed smoothly with minimal interference to radiocommunications. The instrument identifies the Australian Motorcycle Grand Prix as a significant event, outlining the specific period and location of the event to facilitate the enforcement of relevant rules and regulations during this time. The policy objective is to maintain the integrity of radiocommunications during major events, thereby ensuring public safety and the smooth operation of the Grand Prix.
Scope and Application
The Radiocommunications (Significant Event – Australian Motorcycle Grand Prix) Declaration 2023 applies to the Australian Motorcycle Grand Prix event scheduled for 2023, which is recognised under the Australian Grands Prix Act 1994 (Vic). The declaration identifies the event as a significant one for the purposes of the Radiocommunications Equipment (General) Rules 2021, and specifies the timeframe and geographic location of the event, which is centred around the Phillip Island Grand Prix circuit. This legislation has implications for the operation, possession, and supply of certain devices during the declared period, and it aligns with other regulatory frameworks such as the Radiocommunications (Low Interference Potential Devices) Class Licence 2015, the Telecommunications (Labelling Notice for Customer Equipment and Customer Cabling) Instrument 2015, and the Telecommunications (Types of Cabling Work) Declaration 2013. The Act’s scope is limited to the geographic area defined by the significant event and the period specified in the declaration.
Key Provisions
The Radiocommunications (Significant Event – Australian Motorcycle Grand Prix) Declaration 2023 is a legislative instrument made by the Australian Communications and Media Authority under the Radiocommunications Equipment (General) Rules 2021. It declares the Australian Motorcycle Grand Prix, scheduled for 2023, as a significant event (section 5(a)). The period of the significant event is defined as starting on 18 October 2023 and ending on 23 October 2023 (section 5(b)), with the location being a circle centred on specified GDA94 coordinates with a 3-kilometre radius (section 5(c)). This location encompasses the Phillip Island Grand Prix Circuit and parts of the surrounding area.
This declaration imposes specific obligations and requirements on parties or entities operating within the defined significant event period and area. These obligations may include compliance with regulations regarding the operation, possession, and supply of certain radiocommunications devices, which are outlined in the Radiocommunications Equipment (General) Rules 2021, the Radiocommunications (Low Interference Potential Devices) Class Licence 2015, the Telecommunications (Labelling Notice for Customer Equipment and Customer Cabling) Instrument 2015, and the Telecommunications (Types of Cabling Work) Declaration 2013. Parties must ensure that their devices and operations do not interfere with the event, particularly given the sensitivity of the event's location and the potential for radiocommunications interference.
Failure to comply with the requirements set forth by the Radiocommunications Equipment (General) Rules 2021 and related instruments could lead to various civil and criminal consequences. The specific penalties for breaches may vary depending on the nature and severity of the violation. However, under the Radiocommunications Act 1992, penalties can include substantial fines and, in more severe cases, imprisonment. The exact penalties would be determined by the courts, taking into account the circumstances of each case. It is essential for parties to be aware of and adhere to these regulations to avoid potential legal repercussions.