Radiocommunications (Transitional Provisions and Consequential Amendments) Act 1983, Australia

RADIOCOMMUNICATIONS (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 1983 No. 136, 1983

RADIOCOMMUNICATIONS (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT

1983 No. 136 of 1983 - LONG TITLE

An Act to enact transitional provisions, to repeal certain Acts, and to make

amendments of certain Acts, consequent upon the enactment of the

Radiocommunications Act 1983

RADIOCOMMUNICATIONS (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 1983 No. 136, 1983 - SECT 1

Short title

(Assented to 22 December 1983)

1. This Act may be cited as the Radiocommunications (Transitional Provisions

and Consequential Amendments) Act 1983.

RADIOCOMMUNICATIONS (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 1983 No. 136, 1983 - SECT 2

Commencement

2. This Act shall come into operation on the date fixed for the purposes of

sub-section 2 (2) of the Radiocommunications Act 1983.

RADIOCOMMUNICATIONS (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 1983 No. 136, 1983 - SECT 3

Consequential amendments

3. The Acts specified in the Schedule are amended as set out in the

Schedule.

RADIOCOMMUNICATIONS (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 1983 No. 136, 1983 - SECT 4

Repeals

4. The following Acts are repealed:

Wireless Telegraphy Act 1905

Wireless Telegraphy Act 1915

Wireless Telegraphy Act 1919

Wireless Telegraphy Act 1936

Wireless Telegraphy Act 1967

Wireless Telegraphy Regulations Act 1970

Wireless Telegraphy Act 1973

Wireless Telegraphy Amendment Act 1980

Radiocommunications Licence Fees Act 1982

RADIOCOMMUNICATIONS (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 1983 No. 136, 1983 - SECT 5

Transitional

5. (1) Notwithstanding the repeal of the Wireless Telegraphy Act 1905 by

this Act, in relation to a licence in force under that Act immediately before

the date of commencement of this Act, that Act continues in force as if it had

not been repealed, but such a licence shall not be renewed.

(2) Parts VI and VII of the Radiocommunications Act 1983 do not apply to

receivers and transmitters established, erected, maintained or used by virtue

of a licence referred to in sub-section (1).

(3) The Minister may, by notice published in the Gazette, declare that a

certificate issued under the Wireless Telegraphy Act 1905 in relation to a

licence or a class of licences under that Act specified in the declaration

shall be deemed for the purposes of the Radiocommunications Act 1983 to be a

certificate of proficiency in relation to such classes of licences under the

Radiocommunications Act 1983 as are specified in the declaration.

(4) A declaration under sub-section (3) may specify a date beyond which the

certificate concerned shall cease to be in force.

(5) A reference in any law of the Commonwealth, other than the

Radiocommunications Act 1983 or this section, to a licence under that Act

shall be construed as if it included a reference to a licence referred to in

sub-section (1).

(6) Except so far as the contrary intention appears, an expression used in

this section and in the Radiocommunications Act 1983 has the same meaning in

this section as in that Act.

RADIOCOMMUNICATIONS (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 1983 No. 136, 1983 - SCHEDULE

SCHEDULE Section 3

CONSEQUENTAL AMENDMENTS

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Acts Amendments

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Australian Shipping Schedule -

Commission Act 1956 Omit "Wireless Telegraphy Act 1905-1950"

Broadcasting and Television After Part I, insert the following Part:

Act 1942 "PART IA - PROHIBITION OF UNAUTHORIZED OPERATION

OF TRANSMITTERS FOR BROADCASTING AND

TELEVISION

Unauthorized operation of certain transmitters

prohibited

"6A. (1) A person shall not, without reasonable

excuse, operate a radiocommunications transmitter

for the purpose of the transmission to the general

public of broadcasting programs or television

programs except as authorized by or under this Act

or the Australian Broadcasting Corporation Act

1983.

"(2) Without limiting the generality of the

expression 'reasonable excuse' in sub-section (1),

it is a reasonable excuse if a person operated a

radiocommunications transmitter in the honest

belief that that operation was reasonably

necessary for the purpose of -

(a) securing the safety of a vessel or aircraft

that was in danger;

(b) dealing with an emergency involving a serious

threat to the environment; or

(c) dealing with an emergency involving risk of

death of, or injury to, persons, or risk of

substantial loss of, or substantial damage to,

property.

"(3) The Radiocommunications Act 1983 applies in

relation to an offence against sub-section (1) by

virtue of sub-section 132 (1) (in this sub-section

referred to as a 'relevant offence') as if a

reference in that Act (other than section 83)

to an offence against that Act were a reference to

a relevant offence.

"(4) An expression used in this section and in the

Radiocommunications Act 1983 has the same meaning

in this section as in that Act.".

Sections 89D and 112 -

Repeal the sections.

Sub-section 126 (7) -

Omit "Wireless Telegraphy Act 1905", substitute

"Radiocommunications Act 1983".

Section 130 -

Repeal the section.

Sub-section 134(1) -

(1) Add at the end of paragraph (c) "and".

(2) Omit from paragraph (d) "and" (last

occurring).

(3) Omit paragraph (e).

Copyright Act 1968 . . . . . .Section 10 -

Omit from sub-section (1) the definition of

"holder of a wireless telegraphy licence".

Section 91 -

Omit from sub-paragraphs (a) (iii) and (b) (iii)

"holder of a wireless telegraphy licence",

substitute "holder of a transmitter licence or a

temporary permit in force under the

Radiocommunications Act 1983".

Crimes Act 1914 . . . . . . . Section 30FB -

Repeal the section.

Navigation Act 1912 . . . . . Section 269A -

(1) Omit from sub-section (2) "Every person in

charge of a wireless telegraph station which is

within the jurisdiction of the Commonwealth

(including a station in a Territory), or which is

established or installed under licence granted

under the Wireless

Telegraphy Act 1905-1919", substitute "A person in

charge of a radiocommunications transmitter that

is within the jurisdiction of the Commonwealth

(including a transmitter in a Territory) or that

is operating by virtue of a transmitter licence or

a temporary permit granted under the

Radiocommunications Act 1983"

(2) Omit sub-section (3).

Overseas Telecommunications Section 34 -

Act 1946 Omit from paragraph (c) "in pursuance of the

Wireless Telegraphy Act 1905-1936", substitute

"under the Radiocommunications Act 1983"

Section 42 -

Repeal the section, substitute the following

section:

Limitation of powers and application of

Radiocommunications and Telecommunications Acts

and regulations

"42. Nothing in this Act shall be construed to

confer on the Commission any powers which, for the

time being, are exercisable by the Minister for

the time being administering the

Radiocommunications Act 1983 and the

Telecommunications Act 1975 and the regulations

under those Acts (not being powers that the

Commission may exercise in pursuance of a licence,

permission or approval granted or given under

those Acts or regulations), and those Acts and

regulations shall, so far as applicable, apply to

and in relation to the Commission in like manner

as they apply to and in relation to other

persons.".

Section 74 -

Omit from sub-section (1) "Wireless Telegraphy Act

1905-1936 all licences, permits or approvals",

substitute "Radiocommunications Act 1983 all

licences".

Section 79 -

Omit "Wireless Telegraphy Act 1905-1973" (wherever

occurring), substitute "Radiocommunications Act

1983".

Sales Tax (Exemptions and First Schedule -

Classifications) Act 1935 Omit from sub-item 81 (2) "Wireless Telegraphy

Regulations", substitute Radiocommunications Act

1983".

Telecommunications Act Sub-section 3 (1) -

1975 (1) After the definition of "part-time

Commissioner", insert the following definitions:

"'radiocommunication' and 'radiocommunications

transmitter' have the same respective meanings as

they have in the Radiocommunications Act 1983;

'receiver' has the same meaning as in the

Radiocommunications Act 1983;".

(2) Omit the definition of "Wireless Telegraphy

Act".

Section 8 -

Repeal the section, substitute the following

section:

Radiocommunications

"8. Nothing in this Act shall be taken to

authorize the Commission to do anything that, if

done by any other person, would be in

contravention of the Radiocommunications Act

1983.".

Sub-section 13 (1) -

Omit from paragraphs (a) and (b) "transmitting or

receiving messages by means of wireless

telegraphy", substitute "radiocommunications".

Section 94 -

(1) Omit paragraph (2) (d).

(2) Insert after sub-section (2) the following

sub-section:

"(2A) Sub-section (1) does not apply to the

erection, maintenance or operation of a

telecommunications installation, being a receiver

or a radiocommunications transmitter.".

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