EXPLANATORY STATEMENT
Issued by the Australian Communications and Media Authority
Radiocommunications (Unacceptable Levels of Interference – 700 MHz Band)
Amendment Determination 2013 (No. 1)
Radiocommunications Act 1992
Purpose
The Radiocommunications (Unacceptable Levels of Interference – 700 MHz Band) Amendment Determination 2013 (No. 1) (the Amendment) amends section 1 of the Radiocommunications (Unacceptable Levels of Interference – 700 MHz Band) Determination (the Determination) to include the year in which the Determination was made.
Legislative Provisions
The Determination was made under subsection 145(4) of the Radiocommunications Act 1992 (the Act) which provides that the ACMA may, by written instrument, determine what are unacceptable levels of interference for the purposes of deciding whether to refuse to register the details of a radiocommunications transmitter for operation under a spectrum licence in the Register of Radiocommunications Licences. The Amendment is also made under subsection 145(4) of the Act.
Operation
The Amendment amends section 1 of the Determination by including the year in which the Determination was made.
Consultation
Given the limited scope of the Amendment, no consultation has been undertaken with respect to the Amendment.
Statement of compatibility with human rights
A statement of compatibility with human rights, for the purposes of subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011, is set out below.
Regulatory Impact Analysis
On 4 January 2013, the Office of Best Practice and Regulation (the OBPR) advised that a Regulation Impact Statement is not required for the Amendment, since this instrument will have only minor or machinery impacts.
Detailed Description of the Instrument
Section 1 – Name of Determination
This section gives the citation for the Amendment.
Section 2 – Commencement
This section provides that the Amendment commences on the day after it is registered.
Section 3 – Amendment of Radiocommunications (Unacceptable Levels of Interference – 700 MHz Band) Determination
This section states that Schedule 1 amends the Determination.
Schedule 1 Amendments
Item [1]
This section amends section 1 of the Determination to include 2012 as the year in which the Determination was made.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Radiocommunications (Unacceptable Levels of Interference – 700 MHz Band) Amendment Determination 2013 (No. 1)
This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Legislative Instrument
The legislative instrument was made by the Australian Communications and Media Authority (the ACMA) to insert, in section 1 of the Radiocommunications (Unacceptable Levels of Interference – 700 MHz Band) Determination’ (the Determination), the year in which the Determination was made.
The Determination was made under subsection 145(4) of the Radiocommunications Act 1992 (the Act) which provides that the ACMA may, by written instrument, determine what are unacceptable levels of interference for the purposes of deciding whether to refuse to register the details of a radiocommunications transmitter for operation under spectrum licence in the Register of Radiocommunications Licences.
Human Rights Implications
The Determination does not engage any of the applicable rights or freedoms.
Conclusion
The Determination is compatible with human rights as it does not raise any human rights issues.