Radiocommunications (Transmitter and Receiver Licences) Determination (Amendment No. 1 of 1998)

Overview

The Radiocommunications Act 1992, enacted by the Australian Parliament, was introduced to regulate the use of radiocommunications within Australia. The Act aimed to provide a comprehensive framework for the licensing and control of radiocommunications, ensuring efficient and safe use of the radio spectrum. One aspect of this regulation involves the licensing of transmitters and receivers, which is governed by the Radiocommunications (Transmitter and Receiver Licences) Determination. The 1998 amendment to this determination, specifically the Radiocommunications (Transmitter and Receiver Licences) Determination (Amendment No. 1 of 1998), was made by the Australian Communications Authority under the authority granted by subsection 98(1) of the Radiocommunications Act 1992. The policy objective behind this amendment was to adapt and update the regulatory framework to accommodate new technological developments and ensure the smooth functioning of radiocommunication services. This amendment, which came into effect upon gazettal, includes the addition of "space receive" to the list of receiver licences, reflecting the evolving nature of radiocommunication technologies.

Scope and Application

The Radiocommunications (Transmitter and Receiver Licences) Determination (Amendment No. 1 of 1998) amends the Radiocommunications (Transmitter and Receiver Licences) Determination, which is a legislative instrument under the Radiocommunications Act 1992. This Act applies to all persons and entities involved in radiocommunications activities within the Commonwealth of Australia, including both domestic and international entities, as well as individuals and businesses operating transmitters and receivers. The amendment specifically targets receiver licences by adding a new category "space receive" to the Schedule 2 of the Determination, thereby extending the scope of activities regulated under the Act. The amendment broadens the application of the Act by recognising new types of radiocommunication activities, ensuring that the regulation of radio spectrum remains comprehensive and up-to-date with technological advancements. The Determination is a subordinate instrument that expands the application of the primary Act through specific amendments, without altering the fundamental provisions or scope of the overarching legislation.

Key Provisions

The key operative sections of the Radiocommunications (Transmitter and Receiver Licences) Determination (Amendment No. 1 of 1998) amend the Radiocommunications (Transmitter and Receiver Licences) Determination to include a new type of licence, specifically "space receive" (Section 2.1). This amendment is made under the authority provided by subsection 98(1) of the Radiocommunications Act 1992. The amendment introduces a new category of licence that will allow entities to operate space-based receiving stations, thereby expanding the scope of permitted activities under the original determination. The Act imposes specific obligations and requirements on parties or entities seeking to operate under this new licence category. These entities must comply with all relevant provisions of the Radiocommunications Act 1992 and adhere to the conditions outlined in the amended determination. This includes ensuring that their operations do not interfere with other radiocommunication services and that they obtain the necessary approvals and authorisations from the Australian Communications Authority. Licence applicants must also provide detailed information about their intended operations, including technical specifications and potential impacts on existing services. There are potential consequences for breach of the provisions set out in the amended determination. Under the Radiocommunications Act 1992, failure to comply with the Act or the determination can result in both civil and criminal penalties. Civil penalties may include fines, while criminal penalties can include imprisonment, reflecting the seriousness with which non-compliance is treated. The maximum penalties for offences under the Radiocommunications Act 1992 can be significant, with fines reaching up to $210,000 for corporations and imprisonment for up to five years for individuals, depending on the nature and severity of the breach. These provisions ensure that there are robust mechanisms in place to enforce compliance and protect the integrity of the radiocommunications spectrum.