Commonwealth Coat of Arms of Australia

Statutory Rules 1988 No. 2281

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Guidelines under Section 42 of the Radiocommunications Act 1983

I, PETER MORRIS, the Minister for Transport and Communications Support, hereby make the following guidelines under Section 42 of the Radiocommunications Act 1983.

Dated 1st September, 1988.

PETER MORRIS

Minister for Transport and Communications Support

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GUIDELINES UNDER SECTION 42 OF THE RADIOCOMMUNICATIONS ACT 1983

Interpretation

1. In these guidelines, unless the contrary intention appears—

(a) “radiocommunications emergency” means a radiocommunications emergency which has been declared to exist by the Governor-General under section 40 of the Radiocommunications Act 1983; and

“the Act” means the Radiocommunications Act 1983; and

(b) a word or expression has the meaning given in subsection 3 (1) of the Act.

The specified area

2. Before making an order under subsection 41 (1) or subsection 41 (2) of the Act, the Minister shall satisfy himself that the area to be specified in the order is no greater than reasonably necessary to meet the needs of the radiocommunications emergency in question.

Orders under subsection 41 (1)

3. (1) Before making an order under subsection 41 (1) of the Act prohibiting the operation of radiocommunications transmitters within a specified area, the Minister shall satisfy himself that the radiocommunications

emergency in question could not be as effectively dealt with using some more limited form of regulation than the proposed order with respect to—

(a) a class or classes of radiocommunications transmitters;

(b) the range of persons, bodies or organisations to be permitted to operate or prohibited from operating radiocommunications transmitters;

(d) the technical parameters of radiocommunications transmission;

(e) the use of a frequency or frequencies; and

(f) any other aspect of radiocommunications transmission.

(2) Before making an order under subsection 41 (1) of the Act regulating, within a specified area, the operation of radiocommunications transmitters, the Minister shall satisfy himself that the nature and extent of the proposed regulation are no greater than necessary to deal with the existing radiocommunications emergency in question.

(3) In deciding whether to make an order under subsection 41 (1) of the Act and in deciding what should be contained in such an order the Minister shall have regard to—

(a) the likely extent to which radiocommunications could be needed to deal with the radiocommunications emergency in question;

(b) the likely extent to which operation of radiocommunications transmitters could interfere substantially with radiocommunications being used for the purpose of dealing with the radiocommunications emergency in question or otherwise substantially disrupt or disturb such radiocommunications;

(c) the likely extent to which the operation of radiocommunications transmitters could adversely affect efforts to deal with the radiocommunications emergency in question, apart from the effect of such operation on radiocommunications being used for the purpose of dealing with the emergency;

(d) the likely effect of the order on radiocommunications carried on by or on behalf of:

(i) agencies or bodies whose principal purpose is to provide electricity, transport, water or any other essential service;

(ii) agencies or bodies whose assistance may be required to deal with the emergency in question;

(iii) the Australian Federal Police or the police force of a State of Territory; or

(iv) fire fighting, civil defence or rescue organisations, ambulance services, the Royal Flying Doctor Service or any other organisation the sole or principal purpose of which involves securing the safety of persons during an emergency;

(e) the likely effect of the order on telecommunications carried on by the Australian Telecommunications Commission, Aussat Pty Ltd and the Overseas Telecommunications Commission (Australia), and in particular insofar as they are carried on for the purpose of dealing with emergencies;

(f) the likely effect of the order on radiocommunications established by the Department of Transport and Communications under regulation 82 of the Air Navigation Regulations, and in particular insofar as they are carried out for the purpose of maintaining air safety or dealing with emergency situations, including search and rescue operations;

(g) the likely effect of the order on activities dependent on radiocommunications referred to in paragraphs 3 (3) (d) and 3 (3) (f) of these guidelines and on telecommunications referred to in paragraph 3 (3) (e) of these guidelines;

(h) the consideration referred to in subclause 5 (a) of these guidelines; and

(i) any other relevant consideration.

Orders under subsection 41 (2)

4. (1) Before making an order under subsection 41 (2) of the Act prohibiting the use of transmitters within a specified area, being use in a manner likely to interfere with radiocommunications, the Minister shall satisfy himself that radiocommunications, being radiocommunications for the purpose of dealing with the radiocommunications emergency in question, could not be effectively protected from interference by some more limited form of regulation than the proposed order with respect to—

(a) a class or classes of transmitters;

(b) the range of persons, bodies or organisations to be permitted to operate or prohibited from operating transmitters;

(d) the technical parameters of radio transmission;

(e) the use of a frequency or frequencies; and

(f) any other aspect of radio transmission.

(2) Before making an order under subsection 41 (2) of the Act regulating the use of transmitters within a specified area, being use in a manner likely to interfere with radiocommunications, the Minister shall satisfy himself that the nature and extent of the proposed regulation are no greater than necessary to protect from interference radiocommunications for the purpose of dealing with the radiocommunications emergency in question.

(3) In deciding whether to make an order under subsection 41 (2) of the Act and in deciding what should be contained in such an order the Minister shall have regard to—

(a) the likely extent to which radiocommunications could be needed to deal with the radiocommunications emergency in question;

(b) the likely extent to which operation of transmitters could interfere substantially with radiocommunications being used for the purpose of dealing with the radiocommunications emergency in question or otherwise substantially disrupt or disturb such radiocommunications;

(i) agencies or bodies whose principal purpose is to provide electricity, transport, water or any other essential service;

(ii) agencies or bodies whose assistance may be required to deal with the emergency in question;

(iii) the Australian Federal Police or the police force of a State or Territory; or

(d) the likely effect of the order on telecommunications carried on by the Australian Telecommunications Commission, Aussat Pty Ltd and the Overseas Telecommunications Commission (Australia), and in particular insofar as they are carried on for the purpose of dealing with emergencies;

(e) the likely effect of the order on radiocommunications established by the Department of Transport and Communications under regulation 82 of the Air Navigation Regulations, and in particular insofar as they are carried out for the purpose of maintaining air safety or dealing with emergency situations, including search and rescue operations;

(f) the likely effect of the order on activities dependent on radiocommunications referred to in paragraphs 4 (3) (c) and 4 (3) (e) of these guidelines and on telecommunications referred to in paragraph 4 (3) (d) of these guidelines;

(g) the consideration referred to in subclause 5 (a) of these guidelines; and

(h) any other relevant consideration.

Orders applying to broadcasting

5. Before expressing an order under section 41 of the Act to apply to a broadcasting station or television station, or to a fixed transmitter the use or function of which is essential to the operation of such a station, the Minister shall have regard to—

(a) the likely effect of the order on broadcasting, and in particular the capacity of broadcasting to assist in dealing with the radiocommunications emergency in question, especially having regard to—

(i) the ability of television and radio broadcasting to disseminate information widely and quickly within and outside the area specified in the order; and

(ii) the provisions of section 104 of the Broadcasting Act 1942;

(b) the likely extent to which operation of broadcasting or television stations, or fixed transmitters the use and function of which are essential to the operation of such stations, could interfere substantially with radiocommunications being used for the purpose of dealing with the radiocommunications emergency in question or otherwise substantially disrupt or disturb such radiocommunications; and

Orders in relation to telecommunications networks

6. An order under section 41 shall expressly state whether or not it applies to a transmitter forming part of the telecommunications network operated by the Australian Telecommunications Commission, Aussat Pty Ltd or the Overseas Telecommunications Commission (Australia).

NOTE

1. Notified in the Commonwealth of Australia Gazette on 15 September 1988.