This Act was prepared on 26 May 2004
Prepared by the Office of Legislative Drafting, Attorney-General’s Department, Canberra
RadTransProvConsAm1992.doc 26/05/2004 3:11 pm
Part 1—Preliminary 1
1 Short title [see Note 1] ...................................................................... 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 8 Consultation processes under the old Act ......................................... 6 9 Evidentiary certificates ..................................................................... 6 10 Forfeiture .......................................................................................... 7 11 Regulations under the Radiocommunications Act ............................ 7 12 Determinations of types of apparatus licences.................................. 7
Part 3—Repeal and consequential amendments 8
13 Repeal of Acts................................................................................... 8
14 Consequential amendments of Acts.................................................. 8
Schedule—Consequential amendments of Acts 9 Australian Postal Corporation Act 1989 9
Broadcasting Services Act 1992 9
Broadcasting Services (Transitional Provisions and Consequential Amendments) Act 1992 10
Commonwealth Electoral Act 1918 11
Copyright Act 1968 11
Development Allowance Authority Act 1992 12
Income Tax Assessment Act 1936 12
Navigation Act 1912 12
Referendum (Machinery Provisions) Act 1984 12
Sales Tax (Exemptions and Classifications) Act 1935 12
Sales Tax (Exemptions and Classifications) Act 1992 13
Sea Installations Act 1987 13
Special Broadcasting Service Act 1991 | 13 | |
---|---|---|
Telecommunications Act 1991 | 13 | |
Notes | 16 |
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
This Act may be cited as the Radiocommunications (Transitional Provisions and Consequential Amendments) Act 1992.
2 Commencement
This Act commences on 1 July 1993.
(1) In this Part, unless the contrary intention appears:
old Act means the Radiocommunications Act 1983.
new Act means the Radiocommunications Act 1992.
Subject to section 5, if an instrument is made by the Minister that:
Act; then the instrument:
TABLE Column 1 Column 2 Item No. Instrument made under the old Act
1. Appointment of a person under paragraph 3(5)(a) or
(b) to be an inspector.
Column 3 Instrument made under the new Act
Appointment of a person under paragraph 267(1)(a) or
(b) to be an inspector. A standard made under section
162. A permit issued under section
167.
A permission given under subsection 174(1). A compliance certificate
issued under section 184.
An advisory guideline made
under section 262. A referral of that part of the spectrum to the ABA under section 31.
A frequency band plan
prepared under section 32. A transmitter licence issued under section 100.
A transmitter licence issued
under section 102. A certificate of proficiency issued under section 121.
An approval of an examination under section
122.
TABLE Column 1 Column 2 Item No. Instrument made under the old Act
Column 3 Instrument made under the new Act
A declaration, under subsection 122(2), of a minimum age for the purposes of section 122 in relation to that class of certificates of proficiency.
A request under subsection
123(1). A transmitter licence issued under section 100.
A receiver licence issued
under section 100. A declaration of a period of emergency under section 219.
A restrictive order made under
section 222. Guidelines made under section 230.
A permission given under
subsection 193(1). A permission given under subsection 195(1).
A declaration under subsection 190(1) in relation to the device.
An identity card issued under
section 268. A determination of a price- based allocation system under section 106.
If, immediately before the commencement of this 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).
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.
immediately before the commencement of this Act, to cancel frequency reservation certificates.
(1) If:
commencement; the thing done is taken, for all purposes, to have been done under the corresponding provision of section 33 of the new Act.
(2) If:
commencement; the thing done is taken, for all purposes, to have been done under the corresponding provision of section 163 of the new Act.
9 Evidentiary certificates
If a Commonwealth officer issues a certificate under subsection 305(1) of the new Act relating to an examination carried out, whether before or after the commencement of this Act, for the purposes of the old Act, section 305 of the new Act applies in relation to the certificate as if:
10 Forfeiture
The SMA’s power to make directions under section 281 of the new Act relating to things forfeited under section 280 of that Act extends to making directions relating to things that:
11 Regulations under the Radiocommunications Act
Part 3—Repeal and consequential amendments
The following Acts are repealed:
Radiocommunications Act 1983.
Radiocommunications (Frequency Reservation Certificate Tax) Act 1983. Radiocommunications (Temporary Permit Tax) Act 1983.
(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.
Schedule—Consequential amendments of Acts
Section 14
Australian Postal Corporation Act 1989
Section 11:
Omit ‘Radiocommunications Act 1983’, substitute ‘Radiocommunications Act 1992’.
Broadcasting Services Act 1992
Subsection 6(1) (paragraph (a) of the definition of broadcasting services bands):
Omit ‘the Radiocommunications Act 1983’, substitute ‘section 31 of the Radiocommunications Act 1992’.
Subsection 6(1) (paragraph (b) of the definition of broadcasting services bands):
Subsection 6(1):
Insert:
‘SMA means the Spectrum Management Agency established under section 232 of the Radiocommunications Act 1992.’.
Subsection 25(1):
Omit ‘the Radiocommunications Act 1983, assigned’, substitute ‘section 31 of the Radiocommunications Act 1992, referred’.
Paragraph 158(a):
Omit the paragraph, substitute:
‘(a) to provide advice to the SMA in relation to:
Clause 1 of Schedule 2:
Insert:
‘radiocommunications device has the same meaning as in the
Radiocommunications Act 1992.’.
Paragraph 7(1)(f) of Schedule 2:
Omit the paragraph, substitute: ‘(f) if the licence is a broadcasting services bands licence—the licensee will keep in force a licence under the Radiocommunications Act 1992 that authorises operation by the licensee of the radiocommunications devices used to provide the broadcasting service;’.
Paragraph 8(1)(f) of Schedule 2:
Omit the paragraph, substitute: ‘(f) if the licence is a broadcasting services bands licence—the licensee will keep in force a licence under the Radiocommunications Act 1992 that authorises operation by the licensee of the radiocommunications devices used to provide the broadcasting service;’.
Broadcasting Services (Transitional Provisions and Consequential Amendments) Act 1992
Section 4 (definition of Radcom Act):
Omit ‘Radiocommunications Act 1983’, substitute ‘Radiocommunications Act 1992’.
Subsection 10(1):
Omit ‘section 24B’, substitute ‘section 102’.
Subsections 10(3) and (5):
Omit ‘section 24’, substitute ‘section 100’.
Subsection 10(9):
Omit ‘section 24B’, substitute ‘section 102’.
Section 10:
Add at the end:
‘(15) Subsections (1), (3), (5) and (9) do not apply in relation to an instrument that is no longer in force immediately before 1 July 1993.’.
Section 27:
Omit ‘subsection 9(1)’, substitute ‘section 162’.
Commonwealth Electoral Act 1918
Subsection 362(4):
Omit ‘Radiocommunications Act 1983’, substitute
‘Radiocommunications Act 1992’.
Copyright Act 1968
Paragraph 47A(11)(b):
Omit ‘Radiocommunications Act 1983’, substitute
‘Radiocommunications Act 1992’.
Subparagraphs 91(a)(iii) and (c)(iii):
Omit ‘the holder of a transmitter licence or a temporary permit in force under the Radiocommunications Act 1983’, substitute ‘authorised under a licence issued under the Radiocommunications Act 1992’.
Development Allowance Authority Act 1992
Section 6 (definition of Australian satellite):
Omit ‘Radiocommunications Act 1983’, substitute ‘Radiocommunications Act 1992’.
Income Tax Assessment Act 1936
Subsection 82AQ(1) (definition of Australian satellite):
Omit ‘Radiocommunications Act 1983’, substitute ‘Radiocommunications Act 1992’.
Navigation Act 1912
Subsection 269A(2):
Omit ‘transmitter licence or a temporary permit granted under the Radiocommunications Act 1983’, substitute ‘licence issued under the Radiocommunications Act 1992’.
Referendum (Machinery Provisions) Act 1984
Section 108A:
Omit ‘Radiocommunications Act 1983’, substitute ‘Radiocommunications Act 1992’.
Sales Tax (Exemptions and Classifications) Act 1935
Subitem 81(2) in the First Schedule:
(a) Omit ‘the holder of’, substitute ‘a person authorised to conduct the service under’;
(b) Omit ‘Radiocommunications Act 1983’, substitute ‘Radiocommunications Act 1992’.
Item 105 in the First Schedule (definition of radiotransmission):
Omit the definition, substitute: ‘radio transmission means a radio emission within the meaning of the Radiocommunications Act 1992.’.
Sales Tax (Exemptions and Classifications) Act 1992
Subitem 169(2) in Schedule 1:
(a) Omit ‘the holder of’, substitute ‘a person authorised to conduct the service under’;
(b) Omit ‘Radiocommunications Act 1983’, substitute ‘Radiocommunications Act 1992’.
Sea Installations Act 1987
Schedule:
Omit ‘Radiocommunications Act 1983’, substitute ‘Radiocommunications Act 1992’.
Special Broadcasting Service Act 1991
Section 3 (definition of transmission facilities):
Omit ‘Radiocommunications Act 1983’, substitute ‘Radiocommunications Act 1992’.
Telecommunications Act 1991
Section 5 (definition of radiocommunication):
Omit ‘Radiocommunications Act 1983’, substitute ‘Radiocommunications Act 1992’.
Section 5 (definition of radiocommunications transmitter):
Omit ‘Radiocommunications Act 1983’, substitute ‘Radiocommunications Act 1992’.
Section 5 (definition of receiver):
Omit the definition, substitute: ‘receiver means a radiocommunications receiver within the
meaning of the Radiocommunications Act 1992.’.
Section 5:
Insert:
‘device has the same meaning as in the Radiocommunications Act
1992.
interference has the same meaning as in the Radiocommunications Act 1992.’.
Subsection 33(1):
Omit ‘Radiocommunications Act 1983’, substitute ‘Radiocommunications Act 1992’.
Subsection 33(2):
Omit the subsection, substitute:
‘(2) However, to avoid doubt, the fact that a person is authorised to do something under a licence under the Radiocommunications Act 1992 does not entitle the person to do that thing if he or she is prohibited by or under this Act from doing it, unless a condition of the licence requires the person to do it.’.
Subsection 63(2):
Omit the subsection, substitute:
‘(2) A condition of a licence held by a carrier has effect subject to the provisions of a licence under the Radiocommunications Act 1992 under which the carrier is authorised to do something.’.
Paragraph 99(1)(b):
(a) Omit ‘in relation to which the broadcaster holds’, substitute ‘that the broadcaster is authorised to operate under’;
(b) Omit ‘Radiocommunications Act 1983’, substitute ‘Radiocommunications Act 1992’.
Paragraphs 103(1)(a) and (2)(a):
Omit ‘the holder of a licence under the Radiocommunications Act 1983’, substitute ‘authorised under a licence under the Radiocommunications Act 1992’.
Paragraph 243(b):
Add at the end: ‘(v) containing interference to radiocommunications and to any uses or functions of devices; and
(vi) establishing for the uses and functions of devices an adequate level of immunity from electromagnetic disturbance; and’.
Subsection 246(2):
Add at the end: ‘; or (e) contain interference to radiocommunications or to any uses or functions of devices; or
(f) establish for the uses or functions of devices an adequate level of immunity from electromagnetic disturbance.’.
Note 1
Notes to the Radiocommunications (Transitional Provisions and Consequential Amendments) Act 1992
Note 1
Act No. 167, 1992; assented to 11 December 1992.