Telecommunications (Carrier Licence Exemption for use of the NSW Government Radio Network) Determination 2017 (Amendment No.1 of 2018)

Administered by Department of Communications and the Arts

Legislation au F2018L00972 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

Telecommunications Act 1997

 

Telecommunications (Carrier Licence Exemption for use of                                     the NSW Government Radio Network)                                                                    Determination 2017 (Amendment No.1 of 2018)

 

Issued by the Authority of the Minister for Communications

Authority

 

Section 42 of the Telecommunications Act 1997 (the Act) provides that a network unit must not be used to supply a carriage service to the public unless the owner of the network unit holds a carrier licence or a nominated carrier declaration is in force in relation to the unit. Paragraph 51(1)(c) of the Act allows the Minister to determine that section 42 of the Act does not apply in relation to a specified use of a network unit. Subsection 33 (3) of the Acts Interpretation Act 1901 allows the Minister to amend exemption instruments of this kind.

 

Purpose and operation

 

On 7 December 2017, the Minister made the Telecommunications (Carrier Licence Exemption for use of the NSW Government Radio Network) Determination 2017 (the ‘Principal Determination’) to exempt the NSW Telecommunications Authority (‘the NSW Telco Authority’) from the licensing requirements in section 42 of the Act in relation to the use of its Government Radio Network (‘GRN’) (‘the designated communications infrastructure’) by Commonwealth departments and agencies for public purposes. The Principal Determination provided that it will be repealed at the start of 1 July 2018.

 

The Telecommunications (Carrier Licence Exemption for use of the NSW Government Radio Network) Determination 2017 (Amendment No.1 of 2018) (the ‘Amending Determination’) will ensure that the exemption continues for a further six months. This will allow Commonwealth departments and agencies, being entities which are outside the NSW Telecommunications Authority’s ‘immediate circle’, to use the GRN for public purposes without the need for the NSW Telecommunications Authority to hold a carrier licence or for a nominated carrier declaration to be in force in relation to that network.

 

The Amending Determination is a legislative instrument for the purposes of the Legislation Act 2003.

 

Detailed notes on the Amending Determination are set out in Attachment A.

 


Consultation

 

The Department of Communications and the Arts, on behalf of the Minister for Communications, consulted with the Department of the Prime Minister and Cabinet, the Commonwealth Attorney-General’s Department, and the NSW Telecommunications Authority.

 

Regulatory Impact

 

The Office of Best Practice Regulation (OBPR) has advised that a Regulatory Impact Statement is not required for the Amending Determination (OBPR ID 22395).

 

Statement of Compatibility with Human Rights

 

A statement of compatibility with human rights for the purposes of Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 is set out in Attachment B.

Attachment A

 

Notes on the Telecommunications (Carrier Licence Exemption for use of the NSW Government Radio Network) Determination 2017 (Amendment No. 1 of 2018)

 

Section 1 - Name

 

Section 1 provides that the name of the instrument is the Telecommunications (Carrier Licence Exemption for use of the NSW Government Radio Network) Determination 2017 (Amendment No. 1 of 2018).

 

Section 2 - Commencement

 

Section 2 provides that the whole of the Telecommunications (Carrier Licence Exemption for use of the NSW Government Radio Network) Determination 2017 (Amendment No. 1 of 2018) (the ‘Amending Determination’) commences on the day after it is registered on the Federal Register of Legislation.

 

Section 3 - Authority

 

Section 3 provides the authority for the making of the Amending Determination.

 

Section 4 - Variation

 

Section 4 provides that the Telecommunications (Carrier Licence Exemption for use of the NSW Government Radio Network) Determination 2017 (the ‘Principal Determination’) is amended as set out in the Schedule to the Amending Determination.

 

SCHEDULE – Amendments

 

Item 1

 

Item 1 of the Schedule to the Amending Determination changes the repeal date for the Principal Determination from the start of 1 July 2018 to the start of 1 January 2019.


Attachment B

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Telecommunications (Carrier Licence Exemption for use of the NSW Government Radio Network) Determination 2017 (Amendment No.1 of 2018)

 

This Determination 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 Instrument

The Telecommunications (Carrier Licence Exemption for use of the NSW Government Radio Network) Determination 2017 (Amendment No. 1 of 2018) (the ‘Amending Determination’) is a legislative instrument for the purposes of the Legislation Act 2003.

The Amending Determination extends the exemption granted to the NSW Telecommunications Authority by way of the Telecommunications (Carrier Licence Exemption for use of the NSW Government Radio Network) Determination 2017 (‘the Principal Determination’) for an additional six months.

By virtue of the Amending Determination, the NSW Telecommunications Authority will be exempted until 1 January 2019 from the requirement to hold a carrier licence or have in force a nominated carrier declaration in relation to the use of the Government Radio Network (GRN) by a department or agency of the Commonwealth for public purposes.

The NSW Telco Authority is a NSW Government not-for-profit statutory authority that owns and operates the GRN on behalf of the NSW Government. The GRN provides a common platform for NSW Government agencies and authorities, public utilities and other public service entities that use mobile radio communications in the provision of important public services. As a dedicated network, the GRN provides extensive coverage and reliability, supporting effective communications between services, including during national or state emergencies. 

The effect of the Amending Determination is to extend the exemption by 6 months. The extension is necessary so that Commonwealth departments and agencies can continue to use the GRN for public purposes.

Human rights implications

The Amending Determination does not engage any applicable rights or freedoms.

Conclusion

The Amending Determination is compatible with human rights as it does not raise any human rights issues.

 

 

Overview

The Telecommunications (Carrier Licence Exemption for use of the NSW Government Radio Network) Determination 2017 (Amendment No. 1 of 2018) amends the exemption initially granted by the Telecommunications (Carrier Licence Exemption for use of the NSW Government Radio Network) Determination 2017, allowing the NSW Telecommunications Authority to continue using its Government Radio Network (GRN) without requiring a carrier licence or a nominated carrier declaration for an additional six months. This extension ensures that Commonwealth departments and agencies can continue to use the GRN for public purposes, which is crucial for maintaining reliable communication services, particularly during emergencies. The exemption, initially set to expire on 1 July 2018, has been extended to 1 January 2019 by this determination. The amendment was issued by the Minister for Communications under the authority of section 42 of the Telecommunications Act 1997, which generally requires a carrier licence for public telecommunications services. The extension aims to facilitate continued efficient communication services without the administrative burden of licensing requirements.

Scope and Application

The Telecommunications (Carrier Licence Exemption for use of the NSW Government Radio Network) Determination 2017 (Amendment No.1 of 2018) extends the exemption granted to the NSW Telecommunications Authority from the requirement to hold a carrier licence or a nominated carrier declaration for the use of the Government Radio Network by Commonwealth departments and agencies for public purposes. This determination applies to the NSW Telecommunications Authority, which is a statutory authority of the New South Wales Government. The exemption applies to the use of the Government Radio Network by Commonwealth departments and agencies for public purposes, and it extends the exemption granted by the Principal Determination from 1 July 2018 to 1 January 2019. The exemption does not apply to any other network units or uses, and it is limited to the NSW Government Radio Network. The exemption is in place to allow Commonwealth departments and agencies to continue to use the GRN for public purposes without the need for the NSW Telco Authority to hold a carrier licence or for a nominated carrier declaration to be in force in relation to that network. The exemption may be amended or revoked by the Minister for Communications.

Key Provisions

The main operative sections of the Telecommunications (Carrier Licence Exemption for use of the NSW Government Radio Network) Determination 2017 (Amendment No.1 of 2018) (the "Amending Determination") primarily focus on extending the exemption granted to the NSW Telecommunications Authority (NSW Telco Authority) for the use of the Government Radio Network (GRN) by Commonwealth departments and agencies for public purposes. Specifically, section 4 of the Amending Determination amends the Telecommunications (Carrier Licence Exemption for use of the NSW Government Radio Network) Determination 2017 (the "Principal Determination") to extend the exemption period from the start of 1 July 2018 to the start of 1 January 2019 (section 4). This extension ensures that the NSW Telco Authority is exempt from the requirement to hold a carrier licence or have in force a nominated carrier declaration in relation to the use of the GRN by a department or agency of the Commonwealth for public purposes until 1 January 2019. The obligations and requirements imposed by the Amending Determination on the NSW Telco Authority and relevant Commonwealth departments and agencies primarily revolve around the continued use of the GRN for public purposes without the need for a carrier licence or nominated carrier declaration. The NSW Telco Authority must continue to operate the GRN as a dedicated network providing extensive coverage and reliability to support effective communications between services, including during national or state emergencies (section 4). Commonwealth departments and agencies must use the GRN for public purposes within the parameters set by the exemption, ensuring that the network continues to serve its intended purpose of supporting critical public services. Regarding offences, penalties, or civil/criminal consequences for breach, the Amending Determination itself does not explicitly outline penalties for non-compliance with its provisions. However, the underlying Telecommunications Act 1997 (the "Act") imposes penalties for non-compliance with its licensing requirements. Under section 137 of the Act, any person who contravenes the Act or regulations made under the Act is liable to a penalty of up to $1.1 million for a corporation and up to $220,000 for an individual. Additionally, section 138 of the Act allows for proceedings to be taken in the Federal Court or the Federal Circuit Court for breaches of the Act. Therefore, while the Amending Determination itself does not specify penalties, non-compliance with the Act's licensing requirements could result in significant civil consequences for the NSW Telco Authority and Commonwealth departments and agencies.

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Telecommunications Law
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Statutory Instrument
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Repeal & Amendment
Delegated & Subordinate Legislation
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.