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.
Overview
The Radiocommunications (Unacceptable Levels of Interference – 700 MHz Band) Amendment Determination 2013 (No. 1) was enacted to amend the Radiocommunications (Unacceptable Levels of Interference – 700 MHz Band) Determination made in 2012. This amendment was introduced to address the need for clarity and precision in the regulatory framework governing radiocommunications in Australia, particularly regarding the 700 MHz band. The Australian Communications and Media Authority (ACMA), as the enacting body, made this amendment under subsection 145(4) of the Radiocommunications Act 1992 to ensure that the year of the original determination is explicitly stated. This change was aimed at maintaining the integrity and traceability of regulatory decisions concerning radiocommunications. The determination does not engage any applicable rights or freedoms under the Human Rights (Parliamentary Scrutiny) Act 2011, thereby affirming its compatibility with human rights.
Scope and Application
The Radiocommunications (Unacceptable Levels of Interference – 700 MHz Band) Amendment Determination 2013 (No. 1) pertains to the regulation of radiocommunications in Australia, specifically addressing the issue of unacceptable levels of interference within the 700 MHz frequency band. This amendment applies to the determination previously made under the Radiocommunications Act 1992, clarifying the year in which the original determination was made. The amendment operates within the jurisdiction of the Australian Communications and Media Authority (ACMA), which is empowered to make such determinations to regulate the registration of radiocommunications transmitters in the Register of Radiocommunications Licences. The amendment is intended to ensure that the ACMA’s decisions are clearly documented and dated, enhancing transparency and accountability in the administration of spectrum licences. There are no stated exclusions or exemptions in this amendment, and it does not extend or restrict the application of the parent act through subordinate instruments.
Key Provisions
The Radiocommunications (Unacceptable Levels of Interference – 700 MHz Band) Amendment Determination 2013 (No. 1) is a legislative instrument that amends the Radiocommunications (Unacceptable Levels of Interference – 700 MHz Band) Determination to include the year in which the Determination was made. This Amendment is made under subsection 145(4) of the Radiocommunications Act 1992 (the Act), which empowers the Australian Communications and Media Authority (ACMA) to 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 primary requirement of this Amendment is to insert the year 2012 into section 1 of the Determination (section 3, Schedule 1). The Amendment also mandates that it commences on the day after it is registered (section 2). The ACMA has imposed the obligation on itself to ensure that the Determination reflects the year it was made, thereby providing clarity and accuracy in the documentation of the Determination. Given the limited scope and minor impact of the Amendment, no consultation was undertaken with respect to it.
The Amendment does not impose any specific obligations on parties or entities it governs beyond the requirement to acknowledge the year the Determination was made. The main purpose is to ensure that the records accurately reflect the timeline of regulatory decisions. In terms of consequences for breach, the Amendment itself does not specify any offences, penalties, or civil or criminal consequences. The focus is on administrative accuracy rather than enforcement of specific sanctions. However, any failure to comply with the overarching Radiocommunications Act 1992, from which this Amendment derives its authority, could result in penalties as prescribed by that Act. The ACMA retains the authority to take action against non-compliance with the broader regulatory framework.