A Bill for an Act to amend the Radiocommunications Act 1992, and for related purposes
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Radiocommunications Amendment Act 2010.
2 Commencement
This Act commences on the day after this Act receives the Royal Assent.
3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendments
Radiocommunications Act 1992
1 Paragraph 78(a)
Repeal the paragraph, substitute:
(a) states where information may be obtained about:
(i) the spectrum licences that will expire during a period specified in the notice; and
(ii) the parts of the spectrum to which they relate; and
2 Subsection 79(1)
Omit “during the period of 2 years”.
3 Subsection 82(3)
Omit “licenses”, substitute “licences”.
4 Subsection 82(4)
Repeal the subsection, substitute:
(4) A determination is a legislative instrument, but section 42 (disallowance) of the Legislative Instruments Act 2003 does not apply to the determination.
5 After subsection 136(1)
Insert:
(1A) In addition to subsection (1), if the variation of a class licence would affect the spectrum allocated, to be allocated or to be re‑allocated by issuing or re‑issuing spectrum licences, before varying the class licence:
(a) the ACMA must be satisfied that:
(i) the variation of the class licence would not result in unacceptable levels of interference to the operation of radiocommunications devices operated, or likely to be operated, under spectrum licences; and
(ii) the variation of the class licence would be in the public interest; and
(b) the ACMA must consult all licensees of spectrum licences who may be affected by the proposed variation of the class licence.
6 Subsection 136(5)
After “subsection (1)”, insert “, (1A)”.
7 Section 138
Repeal the section, substitute:
138 Parts of the spectrum allocated for spectrum licences
(1) The ACMA must not issue a class licence that authorises the operation of radiocommunications devices at frequencies that are within a part of the spectrum that is:
(a) designated under section 36 to be allocated by issuing spectrum licences; or
(b) specified in a spectrum re‑allocation declaration that gives effect to paragraph 153B(6)(a);
unless subsection (2) is satisfied.
(2) Before issuing a class licence:
(a) the ACMA must be satisfied that:
(i) issuing the class licence would not result in unacceptable levels of interference to the operation of radiocommunications devices operated, or likely to be operated, under spectrum licences; and
(ii) issuing the class licence would be in the public interest; and
(b) the ACMA must consult all licensees of spectrum licences who may be affected by the proposed class licence.
8 Paragraph 294(1)(a)
Omit “licenses”, substitute “licences”.
9 Subsection 294(5)
Repeal the subsection, substitute:
(5) A direction made under subsection (2) is not a legislative instrument.
10 Application
(1) The amendment made by item 1 applies to a notice published in the Gazette on or after the day this item commences.
(2) The amendment made by item 4 applies to a determination made by the Minister on or after the day this item commences.
(3) The amendment made by item 7 applies:
(a) in respect of spectrum for which a spectrum licence is not in force on the day this item commences—to the issue of a class licence on or after the day this item commences; and
(b) in respect of spectrum for which a spectrum licence is in force on the day this item commences—to the issue of a class licence:
(i) after the day the spectrum licence expires; or
(ii) on or after the day the spectrum licence is re‑issued.
(4) The amendment made by item 9 applies to a direction made on or after the day this item commences.