Revocation of Standard Under the Radiocommunications Act 1983 1992 No.
163
EXPLANATORY STATEMENT
STATUTORY RULE 1992 No. 163
Revocation of Ministerial Standard 313
ISSUED BY THE AUTHORITY OF THE MINISTER FOR TRANSPORT AND COMMUNICATIONS
Subsection 9(1) of the Radiocommunications Act 1983 (the Act) provides that the Minister may, by instrument in writing, make standards for specified devices or devices included in specified classes of devices.
Subsection 9(2) of the Act provides that, before making a standard, the Minister shall publish the standard that he proposes to make and invite interested persons to make representations in connection with the proposed standard.
Ministerial Standard 313 (Cellular Mobile Subscriber Units) is the radiocommunications standard for the existing mobile telephone service. It was complementary to the network requirements incorporated in AUSTEL Technical Standard TS 005 (Analogue Cellular Mobile Telecommunications Systems - AMPS Mobile Station).
AUSTEL recently revised Technical Standard TS 005. This standard now fully incorporates the radio elements of the service that MS 313 covered. AUSTEL determined this standard in accordance with subsection 246(1) of the Telecommunications Act 1991 and it has been in effect from 16 April 1992.
The draft instrument of revocation of Ministerial Standard 313 for Cellular Mobile Subscriber Units was published by the Minister in the Commonwealth of Australia Gazette No. GN 15, on 15 April 1992, with a request for public comment. No representations in relation to the revocation of the standard were received.
The instrument of revocation is deemed to have effect from 16 April 1992, to coincide with the entry into force of the revised AUSTEL Standard TS 005. Although the instrument has some retrospective operation, it is considered to be beneficial in that it removes a requirement for equipment to be regulated by both a standard under the Radiocommunications Act and a standard under the Telecommunications Act.
Overview
The Statutory Rule 1992 No. 163, issued under the authority of the Minister for Transport and Communications, concerns the revocation of Ministerial Standard 313, which was a radiocommunications standard for existing mobile telephone services. Enacted in 1992, this statutory rule addresses the redundancy of Ministerial Standard 313 due to the comprehensive nature of the revised AUSTEL Technical Standard TS 005. This standard, which now incorporates the radio elements previously covered by Ministerial Standard 313, was established to streamline regulatory requirements and ensure that equipment complies with a single, updated standard. The revocation of Ministerial Standard 313 is intended to simplify regulatory oversight, thereby enhancing efficiency in the telecommunications sector.
Scope and Application
The scope of the statutory rule 1992 No. 163, which revokes Ministerial Standard 313 for Cellular Mobile Subscriber Units under the Radiocommunications Act 1992, is targeted at the regulatory framework for radiocommunications within Australia. This Act applies to devices and entities involved in the provision and use of cellular mobile subscriber units, specifically those operating under the existing mobile telephone service. The revocation of this standard, which was previously a regulatory requirement for such devices, aligns with the revised AUSTEL Technical Standard TS 005, which now comprehensively covers the radio elements previously governed by Ministerial Standard 313. The jurisdictional reach of this Act is national, as it operates under the Commonwealth of Australia, affecting entities across various industries involved in the telecommunications sector. There are no exclusions or exemptions stated in the text, and the revocation of Ministerial Standard 313 is effective from 16 April 1992, aligning with the revised AUSTEL Standard TS 005. The Act may be extended or restricted through subordinate instruments, although no such provisions are mentioned in the provided text.
Key Provisions
The key operative sections of this legislation (Subsection 9(1) and 9(2) of the Radiocommunications Act 1983) involve the revocation of Ministerial Standard 313, a radiocommunications standard for cellular mobile subscriber units. The Minister for Transport and Communications has the authority to revoke such standards by instrument in writing. This process requires the Minister to publish the proposed standard and invite representations from interested parties before proceeding with the revocation. In this case, the standard has been revoked to align with the revised AUSTEL Technical Standard TS 005, which now fully incorporates the radio elements previously covered by Ministerial Standard 313.
The Act imposes specific obligations on the Minister, including the publication of proposed standards and the consideration of any public representations. For this particular revocation, the draft instrument was published in the Commonwealth of Australia Gazette No. GN 15 on 15 April 1992, and no representations were received. The revocation is effective from 16 April 1992, which coincides with the entry into force of the revised AUSTEL Standard TS 005. This ensures a smooth transition and eliminates the need for equipment to comply with both the old and new standards simultaneously.
The legislation does not explicitly outline offences, penalties, or civil/criminal consequences for non-compliance with the revocation of Ministerial Standard 313. However, it is implied that non-compliance with the new AUSTEL Standard TS 005, which now governs the radio elements previously covered by the revoked standard, could result in regulatory action. Penalties for non-compliance with AUSTEL standards, although not detailed in the explanatory statement, are typically enforced under the Telecommunications Act 1991, which can include fines and other sanctions as determined by the relevant authorities.