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Radiocommunications (Transitional Provisions and Consequential Amendments) Act 1992 (consolidated as of October 17, 2014), Australia

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Details Details Year of Version 2014 Dates Adopted: December 11, 1992 Type of Text Other Texts Subject Matter Copyright and Related Rights (Neighboring Rights), Patents (Inventions), Industrial Designs, Trademarks, Plant Variety Protection, Industrial Property, Other

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 Radiocommunications (Transitional Provisions and Consequential Amendments) Act 1992 (consolidated as of October 17, 2014)

Radiocommunications (Transitional

Provisions and Consequential

Amendments) Act 1992

No. 167, 1992 as amended

Compilation start date: 17 October 2014

Includes amendments up to: Act No. 109, 2014

Prepared by the Office of Parliamentary Counsel, Canberra

About this compilation

This compilation

This is a compilation of the Radiocommunications (Transitional Provisions and

Consequential Amendments) Act 1992 as in force on 17 October 2014. It includes

any commenced amendment affecting the legislation to that date.

This compilation was prepared on 29 October 2014.

The notes at the end of this compilation (the endnotes) include information about

amending laws and the amendment history of each amended provision.

Uncommenced amendments

The effect of uncommenced amendments is not reflected in the text of the

compiled law but the text of the amendments is included in the endnotes.

Application, saving and transitional provisions for provisions and

amendments

If the operation of a provision or amendment is affected by an application, saving

or transitional provision that is not included in this compilation, details are

included in the endnotes.

Modifications

If a provision of the compiled law is affected by a modification that is in force,

details are included in the endnotes.

Provisions ceasing to have effect

If a provision of the compiled law has expired or otherwise ceased to have effect

in accordance with a provision of the law, details are included in the endnotes.

Contents

Part 1—Preliminary 1 1 Short title ...........................................................................................1

2 Commencement.................................................................................1

Part 2—Transitional provisions 2 3 Interpretation .....................................................................................2

4 Saving of instruments under the old Act............................................2

5 Instruments subject to suspension......................................................4

6 Authorities under transmitter licences ...............................................5

7 Frequency reservation certificates .....................................................5

11 Regulations under the Radiocommunications Act.............................6

Part 3—Repeal and consequential amendments 7 14 Consequential amendments of Acts...................................................7

Endnotes 8

Endnote 1—About the endnotes 8

Endnote 2—Abbreviation key 10

Endnote 3—Legislation history 11

Endnote 4—Amendment history 12

Endnote 5—Uncommenced amendments [none] 13

Endnote 6—Modifications [none] 13

Endnote 7—Misdescribed amendments [none] 13

Endnote 8—Miscellaneous [none] 13

Radiocommunications (Transitional Provisions and Consequential

Amendments) Act 1992

i

Preliminary Part 1

Section 1

An Act to repeal the Radiocommunications Act 1983

and certain related Acts, and to make transitional

provisions and certain amendments consequential

upon the enactment of the Radiocommunications Act

1992

Part 1—Preliminary

1 Short title

This Act may be cited as the Radiocommunications (Transitional

Provisions and Consequential Amendments) Act 1992.

2 Commencement

This Act commences on 1 July 1993.

Radiocommunications (Transitional Provisions and Consequential

Amendments) Act 1992

1

Part 2 Transitional provisions

Section 3

Part 2—Transitional provisions

3 Interpretation

(1) In this Part, unless the contrary intention appears:

old Act means the Radiocommunications Act 1983.

new Act means the Radiocommunications Act 1992.

(2) Subject to subsection (3), terms and expressions used in this Part

have the same meaning as they have in the new Act.

(3) Terms and expressions used in this Part that relate to the old Act or

anything done under the old Act have the same meaning as they

have in the old Act.

4 Saving of instruments under the old Act

Subject to section 5, if an instrument is made by the Minister that:

(a) is an instrument of a kind referred to in column 2 of the

following table; and

(b) was in force immediately before the commencement of this

Act;

then the instrument:

(c) continues in force immediately after that commencement as if,

at the time it had been made, it had been made, in the same

terms, by the SMA as an instrument of the kind referred to in

the corresponding item in column 3 of the following table; and

(d) is taken, for all purposes, to have been issued by the SMA as

such an instrument.

Radiocommunications (Transitional Provisions and Consequential

Amendments) Act 1992

2

Transitional provisions Part 2

Section 4

TABLE

Column 1 Column 2 Column 3

Item No. Instrument made under Instrument made under

the old Act the new Act

1. Appointment of a person under

paragraph 3(5)(a) or (b) to be an

inspector.

Appointment of a person under

paragraph 267(1)(a) or (b) to be

an inspector.

2. A standard made under A standard made under

subsection 9(1). section 162.

3. A test permit granted under

section 10.

A permit issued under

section 167.

4. A permission given under

subparagraph 11(2)(b)(i).

A permission given under

subsection 174(1).

5. A compliance statement

certificate issued under

A compliance certificate issued

under section 184.

subsection 12(1).

6. An advisory guideline made

under subsection 16(1).

An advisory guideline made under

section 262.

7. An assignment of a part of the

spectrum to the ABA under

subsection 18(3).

A referral of that part of the

spectrum to the ABA under

section 31.

8. A frequency band plan prepared

under section 19.

A frequency band plan prepared

under section 32.

9. A transmitter licence granted

under section 24.

A transmitter licence issued under

section 100.

10. A transmitter licence granted

under section 24B.

A transmitter licence issued under

section 102.

11. A certificate of proficiency

issued under section 31.

A certificate of proficiency issued

under section 121.

12. An approval of an examination

under subsection 31(4).

An approval of an examination

under section 122.

13. A declaration, under

subsection 31(4), of a prescribed

age for the purposes of section 31

in relation to a class of

A declaration, under

subsection 122(2), of a minimum

age for the purposes of

section 122 in relation to that class

certificates of proficiency. of certificates of proficiency.

Radiocommunications (Transitional Provisions and Consequential

Amendments) Act 1992

3

Part 2 Transitional provisions

Section 5

TABLE

Column 1

Item No.

Column 2

Instrument made under

the old Act

Column 3

Instrument made under

the new Act

14. A notice under subsection 32(1). A request under

subsection 123(1).

15. A temporary permit granted

under section 35.

A transmitter licence issued under

section 100.

16. A receiver licence granted under

section 38.

A receiver licence issued under

section 100.

17. A declaration of a period of

emergency under section 40.

A declaration of a period of

emergency under section 219.

18. An order made under section 41. A restrictive order made under

section 222.

19. Guidelines made under

section 42.

Guidelines made under

section 230.

20. A permission given under

paragraph 65(5)(a).

A permission given under

subsection 193(1).

21. A permission given under

paragraph 65(12)(a).

A permission given under

subsection 195(1).

22. A declaration under section 66A

in relation to a device.

A declaration under

subsection 190(1) in relation to

the device.

23. An identity card issued under

section 68.

An identity card issued under

section 268.

24. A determination of a price-based

allocation system under

section 92A.

A determination of a price-based

allocation system under

section 106.

5 Instruments subject to suspension

If, immediately before the commencement of this Act:

(a) a compliance statement certificate issued under section 12 of

the old Act is the subject of suspension under section 13 of the

old Act; or

Radiocommunications (Transitional Provisions and Consequential

Amendments) Act 1992

4

Transitional provisions Part 2

Section 6

(b) a transmitter licence granted under section 24 or 24B of the

old Act is the subject of suspension under section 28 of the old

Act;

section 4 of this Act does not apply to the certificate or licence until

the suspension ceases to have effect (otherwise than because of the

expiry or cancellation of the certificate or licence).

6 Authorities under transmitter licences

An authority given by a person, under section 26 of the old Act, that

was in force immediately before the commencement of this Act

continues in force immediately after that commencement as if it had

been an authorisation given by that person under section 114 of the

new Act.

7 Frequency reservation certificates

(1) Subject to subsection (4), despite the repeal of the old Act by

section 13 of this Act, a frequency reservation certificate granted

under section 21 of the old Act that was in force immediately before

the commencement of this Act remains in force after that

commencement for the period for which it would have remained in

force if the old Act were not repealed.

(2) If an unallocated frequency is reserved in the name of a person in

accordance with a frequency reservation certificate in force under

subsection (1), the SMA must not issue to a person other than that

person a permit or transmitter licence authorising the operation of a

transmitter in a manner inconsistent with that reservation.

(3) For the purposes of subsection (2), issuing a permit or transmitter

licence that authorises the operation of a transmitter for a period not

exceeding 14 days is taken to be not inconsistent with a reservation.

(4) The SMA has the same power to cancel a frequency reservation

certificate to which subsection (1) applies as the Minister had,

immediately before the commencement of this Act, to cancel

frequency reservation certificates.

Radiocommunications (Transitional Provisions and Consequential

Amendments) Act 1992

5

Part 2 Transitional provisions

Section 11

11 Regulations under the Radiocommunications Act

(1) Subject to subsection (3), any regulations made under the old Act

and in force immediately before the commencement of this Act

continue in force as if made under the new Act.

(2) A reference in a regulation so continued in force to a provision of the

old Act is taken to be a reference to the corresponding provision in

the new Act.

(3) This section does not apply to a regulation the making of which

would not be authorised by the new Act.

Radiocommunications (Transitional Provisions and Consequential

Amendments) Act 1992

6

Repeal and consequential amendments Part 3

Section 14

Part 3—Repeal and consequential amendments

14 Consequential amendments of Acts

(2) References in subsection 362(4) of the Commonwealth Electoral

Act 1918 as amended by this Act, and in section 108A of the

Referendum (Machinery Provisions) Act 1984 as so amended, to

contraventions of the Radiocommunications Act 1992 are taken to

include references to contraventions of the Radiocommunications

Act 1983 that took place before the commencement of this Act.

(3) Without limiting the application of section 4 of this Act:

(a) a reference in subparagraphs 91(a)(iii) and (c)(iii) of the

Copyright Act 1968, as amended by this Act, to a transmitter

licence issued under the Radiocommunications Act 1992;

is taken to include:

(b) a reference to a transmitter licence or a temporary permit that,

although not in force immediately before the commencement

of this Act, was in force at the time when the broadcast in

question was made.

Radiocommunications (Transitional Provisions and Consequential

Amendments) Act 1992

7

Endnotes

Endnote 1—About the endnotes

Endnotes

Endnote 1—About the endnotes

The endnotes provide details of the history of this legislation and its provisions.

The following endnotes are included in each compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnote 5—Uncommenced amendments

Endnote 6—Modifications

Endnote 7—Misdescribed amendments

Endnote 8—Miscellaneous

If there is no information under a particular endnote, the word ―none‖ will appear

in square brackets after the endnote heading.

Abbreviation key—Endnote 2

The abbreviation key in this endnote sets out abbreviations that may be used in

the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has

amended the compiled law. The information includes commencement

information for amending laws and details of application, saving or transitional

provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at

the provision level. It also includes information about any provisions that have

expired or otherwise ceased to have effect in accordance with a provision of the

compiled law.

Uncommenced amendments—Endnote 5

The effect of uncommenced amendments is not reflected in the text of the

compiled law but the text of the amendments is included in endnote 5.

Radiocommunications (Transitional Provisions and Consequential

Amendments) Act 1992

8

Endnotes

Endnote 1—About the endnotes

Modifications—Endnote 6

If the compiled law is affected by a modification that is in force, details of the

modification are included in endnote 6.

Misdescribed amendments—Endnote 7

An amendment is a misdescribed amendment if the effect of the amendment

cannot be incorporated into the text of the compilation. Any misdescribed

amendment is included in endnote 7.

Miscellaneous—Endnote 8

Endnote 8 includes any additional information that may be helpful for a reader of

the compilation.

Radiocommunications (Transitional Provisions and Consequential

Amendments) Act 1992

9

Endnotes

Endnote 2—Abbreviation key

Endnote 2—Abbreviation key

ad = added or inserted pres = present

am = amended prev = previous

c = clause(s) (prev) = previously

Ch = Chapter(s) Pt = Part(s)

def = definition(s) r = regulation(s)/rule(s)

Dict = Dictionary Reg = Regulation/Regulations

disallowed = disallowed by Parliament reloc = relocated

Div = Division(s) renum = renumbered

exp = expired or ceased to have effect rep = repealed

hdg = heading(s) rs = repealed and substituted

LI = Legislative Instrument s = section(s)

LIA = Legislative Instruments Act 2003 Sch = Schedule(s)

mod = modified/modification Sdiv = Subdivision(s)

No = Number(s) SLI = Select Legislative Instrument

o = order(s) SR = Statutory Rules

Ord = Ordinance Sub-Ch = Sub-Chapter(s)

orig = original SubPt = Subpart(s)

par = paragraph(s)/subparagraph(s)

/sub-subparagraph(s)

Radiocommunications (Transitional Provisions and Consequential

Amendments) Act 1992

10

Endnotes

Endnote 3—Legislation history

Endnote 3—Legislation history

Act Number

and year

Assent Commencement Application,

saving and

transitional

provisions

Radiocommunications

(Transitional Provisions

and Consequential

Amendments) Act 1992

167, 1992 11 Dec

1992

1 July 1993 (s 2)

Omnibus Repeal Day

(Autumn 2014) Act 2014

109, 2014 16 Oct

2014

Sch 2 (items 190–192):

17 Oct 2014 (s 2(1)

item 2)

Radiocommunications (Transitional Provisions and Consequential

Amendments) Act 1992

11

Endnotes

Endnote 4—Amendment history

Endnote 4—Amendment history

Provision affected How affected

Pt 2

s 8 ..................................................rep No 109, 2014

s 9 ..................................................rep No 109, 2014

s 10 ................................................rep No 109, 2014

s 12 ................................................rep No 109, 2014

Pt 3

s 13 ................................................rep No 109, 2014

s 14 ................................................am No 109, 2014

Schedule ........................................rep No 109, 2014

Radiocommunications (Transitional Provisions and Consequential

Amendments) Act 1992

12

Endnotes

Endnote 5—Uncommenced amendments [none]

Endnote 5—Uncommenced amendments [none]

Endnote 6—Modifications [none]

Endnote 7—Misdescribed amendments [none]

Endnote 8—Miscellaneous [none]

Radiocommunications (Transitional Provisions and Consequential

Amendments) Act 1992

13


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