Radiocommunications (Unacceptable Levels of Interference – 27 GHz Band) Amendment Determination 2002 (No. 1)

Overview

The Radiocommunications (Unacceptable Levels of Interference – 27 GHz Band) Amendment Determination 2002 (No. 1) was enacted to amend the Radiocommunications (Unacceptable Levels of Interference – 27 GHz Band) Determination 2000. This legislation was introduced by the Australian Communications Authority, operating under subsection 145(4) of the Radiocommunications Act 1992, to address issues related to unacceptable levels of interference in the 27 GHz frequency band. The problem this legislation aimed to resolve was the need to update and refine the regulatory framework governing interference in this specific radiocommunications band to better accommodate technological advancements and the growing demand for spectrum usage. This amendment aimed to ensure that interference levels were kept within acceptable limits, thereby facilitating the efficient and orderly use of radiocommunications services in Australia.

Scope and Application

The Radiocommunications (Unacceptable Levels of Interference – 27 GHz Band) Amendment Determination 2002 (No. 1) applies to the 27 GHz band of radiocommunications in Australia, specifically addressing the unacceptable levels of interference within this band. The legislation is made under subsection 145(4) of the Radiocommunications Act 1992 and amends the Radiocommunications (Unacceptable Levels of Interference – 27 GHz Band) Determination 2000. The determination applies to all persons or entities involved in the use of radiocommunications within the specified band, including both commercial and non-commercial entities. Its jurisdictional reach is national, applying across all states and territories within Australia. There are no specific exclusions or exemptions mentioned in this Determination, but it does extend the application through subordinate instruments by amending the 2000 Determination. The changes outlined in Schedule 1 of the Amendment Determination involve technical adjustments to clauses and notes, ensuring that the legislative framework remains up-to-date and effective in managing interference within the specified band.

Key Provisions

The Radiocommunications (Unacceptable Levels of Interference – 27 GHz Band) Amendment Determination 2002 (No. 1) amends the Radiocommunications (Unacceptable Levels of Interference – 27 GHz Band) Determination 2000. The amendments are outlined in Schedule 1, which replaces specific sections and subsections in the original determination with new references to sections from the Radiocommunications Act 1992. For instance, section 145, section 262, and subsections 66(1) and 71(1) are inserted in place of previous references, ensuring that the updated determination aligns with the current legislative framework. Additionally, references to Article 4 are replaced with Appendix S1, which presumably contains detailed specifications or standards related to the 27 GHz band. The primary obligation imposed by this Amendment Determination is the requirement for parties and entities using or affected by the 27 GHz Band to comply with the updated standards and provisions as set out in the amended determination. This includes adhering to the newly referenced sections of the Radiocommunications Act 1992, which govern the levels of interference deemed unacceptable within this frequency band. These standards are critical for ensuring efficient and reliable communication services without undue interference, thereby maintaining the integrity of the radiocommunications network. Under the Radiocommunications Act 1992, breaches of the provisions outlined in the amended determination can result in significant consequences. Offences related to unacceptable levels of interference may lead to both civil and criminal penalties. Civil penalties can include fines, which are designed to compensate for the harm caused by non-compliance and deter future breaches. Criminal penalties may apply for more severe or repeated violations, potentially resulting in imprisonment. The exact penalties are determined by the courts, taking into account the severity and circumstances of the breach, but the potential for substantial financial penalties underscores the importance of adhering to the legislation. In summary, the Radiocommunications (Unacceptable Levels of Interference – 27 GHz Band) Amendment Determination 2002 (No. 1) updates the standards governing interference in the 27 GHz Band, aligning them with current legislative requirements. Entities and individuals must ensure compliance with these updated standards to avoid potential civil and criminal penalties, which can include fines and imprisonment for serious or repeated violations.