Federal Register of Legislation - Australian Government

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Act No. 4 of 1994 as made
An Act to amend various Acts relating to transport and communications
Date of Assent 18 Jan 1994
Date of repeal 10 Mar 2016
Repealed by Amending Acts 1990 to 1999 Repeal Act 2016
 

TRANSPORT AND COMMUNICATIONS LEGISLATION AMENDMENT ACT 1993 No. 4 of 1994

TRANSPORT AND COMMUNICATIONS LEGISLATION AMENDMENT ACT 1993 No. 4 of 1994 - LONG TITLE

An Act to amend various Acts relating to transport
and communications

TRANSPORT AND COMMUNICATIONS LEGISLATION AMENDMENT ACT 1993 No. 4 of 1994 - SECT 1
Short title

(Assented to 18 January 1994)
1. This Act may be cited as the Transport and Communications Legislation Amendment Act 1993.

(Minister's second reading speech made in -
Senate on 27 May 1993
House of Representatives on 28 September 1993)

TRANSPORT AND COMMUNICATIONS LEGISLATION AMENDMENT ACT 1993 No. 4 of 1994 - SECT 2
Commencement

2. (1) Subject to subsection (2), this Act commences on the day on which it receives the Royal Assent.

(2) The amendments of the Radiocommunications Act 1992 (other than the amendments of sections 187, 314 and 315) set out in the Schedule are taken to have commenced immediately after the commencement of that Act.

TRANSPORT AND COMMUNICATIONS LEGISLATION AMENDMENT ACT 1993 No. 4 of 1994 - SECT 3
Amendment of Acts

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

TRANSPORT AND COMMUNICATIONS LEGISLATION AMENDMENT ACT 1993 No. 4 of 1994 - SCHEDULE

SCHEDULE Section 3
AMENDMENT OF VARIOUS ACTS RELATING TO
TRANSPORT AND COMMUNICATIONS
Australian Postal Corporation Act 1989
Subsection 92(1):
Omit "subsection (2)", substitute "subsections (1A) and (2)".
After subsection 92(1):
Insert:
"(1A) Subsection (1) does not apply in relation to the disclosure
by an employee of Australia Post of the name and address of a person
("the customer") if:
(a) the disclosure is made with the customer's consent given in
writing on a form obtained from an office of Australia Post; and
(b) the disclosure is made to a person or an organisation covered
by the customer's consent; and
(c) the disclosure is recorded by Australia Post.".
Motor Vehicle Standards Act 1989
Subsection 10(2):
Omit "a vehicle", substitute "a road vehicle".
Paragraph 11(1)(a):
Omit "vehicles", substitute "road vehicles".
Subparagraph 11(1)(b)(i):
Omit "vehicle", substitute "road vehicle or any other vehicle".
Subsection 11(1):
Omit "vehicles" (last occurring), substitute "road vehicles".
Section 12:
Omit "vehicle", substitute "road vehicle".
Section 12 (penalty):
Omit "$12,000", substitute "120 penalty units".
Subsections 14(1), 15(1), 16(1) and (2), 17(2) and 18(1)(penalties):
Omit "$12,000", substitute "120 penalty units".
Subsection 18(2):
Omit "section 19", substitute "sections 19 and 20".
Subsections 18(2) and 19(3):
Omit "$6,000", substitute "60 penalty units".
Section 20:
Add at the end:
"(4) A person must not knowingly or recklessly contravene a
condition referred to in paragraph (3)(b).
Penalty: 60 penalty units.".
Subsection 26(2) (penalty):
Omit "$100", substitute "1 penalty unit".
Sections 31 and 32 (penalties):
Omit "$3,000", substitute "30 penalty units".
Radiocommunications Act 1992
Section 5 (definition of "Australian aircraft"):
Omit "Air Navigation Regulations", substitute "Civil Aviation
Regulations".
Paragraph 39(4)(d):
Omit "public community services", substitute "public or community
services".
Subsection 100(5):

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Insert "otherwise than because of the operation of section 307"
after "has been cancelled".
Section 110:
Omit "paragraph 109(1)(f)", substitute "paragraph 107(1)(g) or
109(1)(f)".
Paragraph 147(1)(d):
Omit "spectrum licences", substitute "apparatus licences".
Paragraph 156(e):
Insert "and spectrum licences" after "apparatus licences".
Subsection 157(2):
Omit "the way", substitute "how".
Subsection 158(2):
Omit "the way", substitute "how".
Subsection 184(2):
Omit "recognised test authority", substitute "recognised testing
authority".
Paragraph 184(2)(a):
Insert ", technical licence specification or class licence" after
"standard".
Paragraph 184(2)(b):
Omit "approved testing authority", substitute "recognised testing
authority".
Subsection 184(3):
Omit "approved testing authority", substitute "recognised testing
authority".
Section 187:
Repeal the section, substitute the following section:
Affixing labels before satisfying requirements under subsection
182(4)
"187. If a person knows that he or she must satisfy requirements
that have been specified under subsection 182(4) before affixing a
particular label to a device under subsection 182(1), the person
must not, without reasonable excuse, affix:
(a) the label; or
(b) a label that purports to be such a label;
before he or she satisfies those requirements.
Penalty: 100 penalty units.".
Paragraphs 255(2)(a) and (b):
Omit the paragraphs, substitute:
"(a) interference, or risk of interference, to radiocommunications
(other than transmission or reception of radio or television
programs delivered by a broadcasting service), if the interference
is attributable to operation of a broadcasting station; or
(b) interference, or risk of interference, to transmission or
reception of radio or television programs delivered by a
broadcasting service, if the interference is not attributable to
operation of a broadcasting station.".
Section 307:
Insert "(except where otherwise provided)" after "this Act".
Paragraph 314(2)(d):
Omit "paragraph 315(a), (b) or (c)", substitute "paragraph 315(a),
(b), (c) or (d)".
Section 315:
Add at the end the following word and paragraph:
"; or (d) for an offence in relation to a radiocommunications
transmitter alleged to have been committed against subsection
300(4)-an amount equal to the lesser of:
(i) one-fifth of the maximum fine that a court could impose on
the person alleged to have committed the offence as a penalty for
that offence; or
(ii) twice the amount of tax that was paid or is payable in
respect of holding for 12 months the licence under which the
transmitter was operated.".
Subclause 1(1) of Part 2 of the Schedule:
Insert "and this Part" after "section 93".
Subclause 1(4) of Part 2 of the Schedule:
Omit "section 186", substitute "section 93".
Telecommunications Act 1991
Subsection 209(2):
Omit the subsection, substitute the following subsection:
"(2) AUSTEL may include in a class licence any conditions it
thinks necessary or desirable to achieve the objects of this Part,
including, for example:
(a) conditions relating to technical and operational standards for
the supply of eligible services; and
(b) conditions relating to compliance with technical standards
about network matters in force under Division 3 of Part 12; and
(c) conditions relating to how eligible services specified in the
licence are to be supplied; and
(d) conditions relating to prohibition of the supply of eligible
services for illegal purposes; and
(e) conditions relating to prohibition of the use of
telecommunications networks in an unlawful way or for unlawful
purposes; and
(f) a condition that a supplier of eligible services must, in
accordance with directions by AUSTEL, consult with Commonwealth,
State and Territory law enforcement agencies about any proposal by
the supplier to use new technology in its telecommunications
activities or to develop new technology in order to so use it; and
(g) a condition that the supplier must, in accordance with
directions by AUSTEL, give to officers and authorities of the
Commonwealth and of the States and Territories such help as is
reasonably necessary for any of the following purposes:
(i) enforcing the criminal law and laws imposing pecuniary
penalties;
(ii) protecting the public revenue;
(iii) safeguarding national security.".

NOTE ABOUT SECTION HEADING
1. On the day on which section 110 of the Radiocommunications Act
1992 is amended by this Act, the heading to that section is altered
by omitting "by broadcasters".