VHF Mid Band Frequency Band Plan (70 to 87.5 MHz) (Amendment) 1993 No. 37
EXPLANATORY STATEMENT
Statutory Rules 1993 No. 37
Issued by the Authority of the Minister for Transport and Communications
Radiocommunications Act 1983
VHF Mid Band Frequency Band Plan (70 to 87.5 MHz)
Subsection 19(1) of the Radiocommunications Act 1983 (the Act) provides that the Minister may, by instrument in writing, prepare frequency band plans, not inconsistent with the spectrum plan prepared under section 18 of the Act.
Subsection 19(2) provides that a frequency band plan shall make provision for purposes for which the band may be used, including provisions specifying the purposes for which any part of the band may be used.
Subsection 19(3) provides that a frequency band plan. may apply with respect to a specified area and with respect to a specified period.
Subsections 20(1) and (2) of the Act provides that before preparing a frequency band plan, the Minister shall publish the plan he proposes to prepare and invite interested persons to make representations in connection with the proposed plan.
Background
The VHF Mid Band Frequency Band Plan (70-87.5 MHz) (Statutory Rules 1991 No.355) was made on 14 November 1991, along with the VHF High Band Frequency Band Plan (148-174 MHz) (Statutory Rules 1991 No.354). Both Band Plans were tabled in Parliament within 15 sitting days of being made, in accordance with normal procedures.
Senator Patricia Giles, on behalf of the Senate Standing Committee on Regulations and Ordinances, gave notice in the Senate on 3 March 1992 that she would move that the VHF Frequency Band Plans be disallowed. The Committee's concerns had earlier been advised to the Minister for Transport and Communications by letter dated 28 February 1992.
Mr Warren Snowdon, then Parliamentary Secretary to the Minister for Transport and Communications, wrote to the Committee on 24 March 1992 on behalf of the Minister, responding to the Committee's concerns. In that letter, he indicated it may be helpful to amend the General Notes of each of the VHF Band Plans, to make it clearer that the notes are intended as a guide to decision-makers when making decisions under the Act.
On 2 April 1992, Senator Giles reported to the Senate that the Committee was satisfied with the explanation provided, and that she would, on the next sitting day, withdraw the notice of motion to disallow the VHF Band Plans. The Senator also made reference to the offer to amend the General Notes of the VHF Band Plans, as mentioned in Mr Snowdon's letter.
On 28 April 1992, Senator Giles withdrew her notice of motion to disallow the VHF Band Plans.
The Amendment
The Attorney-General's Department advised that as the General Notes do not form part of the Band Plans, the consultation requirements in subsections 20(1) and (2) of the Act do not apply to amendment of those notes.
The VHF Mid Band Frequency Band Plan (70-87.5 MHz) was amended to make it clearer that the General Notes of the Band Plan are intended only as a guide to decision-makers when making decisions under the Act.
Overview
The VHF Mid Band Frequency Band Plan (70 to 87.5 MHz) (Amendment) 1993 No. 37 is an amendment to the VHF Mid Band Frequency Band Plan (70-87.5 MHz) originally established under the Radiocommunications Act 1983. This amendment was enacted to clarify the role of the General Notes within the VHF Mid Band Frequency Band Plan, ensuring that they serve only as a guide for decision-makers rather than as binding provisions. The Radiocommunications Act 1983 empowers the Minister to prepare frequency band plans that are not inconsistent with the spectrum plan, with specific provisions for the uses of the band and its applicability to specified areas and periods. The amendment was introduced in response to concerns raised by the Senate Standing Committee on Regulations and Ordinances about the original Band Plan and was made in compliance with the procedural requirements of the Act, including the invitation for public submissions on proposed plans.
Scope and Application
The VHF Mid Band Frequency Band Plan (70 to 87.5 MHz) (Amendment) 1993 No. 37 applies to the frequency band plan within the specified band, as set out under the Radiocommunications Act 1983. This legislation pertains to the purposes for which the specified frequency band may be used, including provisions that specify the purposes for which any part of the band may be used, and applies to a specified area and period. The amendment was made to clarify that the General Notes within the Band Plan serve as a guide to decision-makers when making decisions under the Act, and it was determined that the consultation requirements in subsections 20(1) and (2) of the Act did not apply to the amendment of these notes as they do not form part of the Band Plans. The Act applies nationally across Australia and is overseen by the Minister for Transport and Communications, who has the authority to prepare frequency band plans under the Radiocommunications Act 1983, provided they do not conflict with the spectrum plan prepared under section 18 of the Act. The Act extends its application through subordinate instruments, allowing for further specification and regulation of the use of the frequency band within the stated parameters.
Key Provisions
The VHF Mid Band Frequency Band Plan (70 to 87.5 MHz) (Amendment) 1993 No. 37 amends the original VHF Mid Band Frequency Band Plan (Statutory Rules 1991 No. 355). The main operative sections of this amendment are subsections 19(2) and 19(3) of the Radiocommunications Act 1983, which respectively require that a frequency band plan specify the purposes for which any part of the band may be used (subsection 19(2)) and allow the plan to apply to a specified area and period (subsection 19(3)). This amendment focuses on clarifying the General Notes within the VHF Mid Band Frequency Band Plan, stating that these notes are intended only as a guide for decision-makers under the Act. This amendment was made in response to concerns raised by the Senate Standing Committee on Regulations and Ordinances, which was satisfied with the clarification offered by the Minister for Transport and Communications.
The amendment imposes certain obligations on the Minister for Transport and Communications and other relevant entities. Firstly, the Minister must ensure that the General Notes within the VHF Mid Band Frequency Band Plan are clear and serve solely as a guide for decision-makers, avoiding any misinterpretation that might lead to regulatory confusion. This is critical to maintain the integrity and clarity of the legislative intent behind the Band Plan. Additionally, any entities or individuals using the VHF Mid Band spectrum must adhere to the guidelines and purposes specified in the amended Band Plan, ensuring that their activities align with the legislative requirements.
Breaching the provisions of the amended VHF Mid Band Frequency Band Plan could have legal consequences. Although the specific offences, penalties, or consequences for breach are not detailed in the amendment, it is reasonable to infer that non-compliance with the Band Plan could lead to enforcement actions under the Radiocommunications Act 1983. Such actions could include fines, penalties, or other sanctions as prescribed by the Act. The exact penalties would depend on the severity and nature of the breach, but they could potentially include significant financial penalties or other regulatory measures aimed at ensuring compliance with the legislative requirements.