Federal Register of Legislation - Australian Government

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Determinations/Communications as made
Relates to the authorisation by licensees of third parties to operate devices under the licence
Administered by: Communications
Made 22 Dec 2000
Registered 05 Apr 2005
Tabled HR 06 Feb 2001
Tabled Senate 06 Feb 2001
Gazetted 10 Jan 2001
Date of repeal 05 Aug 2015
Repealed by Radiocommunications (Limitation of Authorisation of Third Party Users and Transfer of Apparatus Licences) Determination 2015

The AUSTRALIAN COMMUNICATIONS AUTHORITY makes this Determination under subsection 115 (1) of the Radiocommunications Act 1992.

Dated  22 December                      2000

A.J SHAW                                                                                                                  Chair

G.W LUTHER                                                                                                          Senior Executive Manager
Radiocommunications

Australian Communications Authority

 


  

  

1              Name of Determination

                This Determination is the Radiocommunications (Limitation of Authorisation of Third Party Users) Determination 2000.

2              Commencement

                This Determination commences on gazettal.

3              Revocation

                The following Determinations are revoked:

                  ·    Radiocommunications (Limitation of Authorisation of Third Party Users) Determination No. 1 of 19951

                  ·    Radiocommunications (Third Party Users-Apparatus Licence) Amendment Determination 20002

                  ·    Radiocommunications (Third Party Users-Apparatus Licence) Amendment Determination 2000 (No. 2)3.

4              Definitions

                In this Determination:

ABC means the Australian Broadcasting Corporation established under subsection 5 (1) of the Australian Broadcasting Corporation Act 1983.

Act means the Radiocommunications Act 1992.

eligible person has the same meaning as in the Radiocommunications (Transmitter Licence Tax) Determination 2000.

exempt broadcasting service has the meaning given by subsection 18A (3) of the Broadcasting Services Act 1992.

exempt person means a person who is exempt, under regulation 5 of the Radiocommunications Taxes Collection Regulations, from the payment of tax in respect of apparatus licences.

international broadcasting licence has the meaning given by subsection 6 (1) of the Broadcasting Services Act 1992.

international broadcasting service has the meaning given by subsection 6 (1) of the Broadcasting Services Act 1992.

SBS means the Special Broadcasting Service Corporation established under subsection 5 (1) of the Special Broadcasting Service Act 1991.

5              Circumstances in which persons must not be authorised to operate radiocommunications devices (Act s 115)

         (1)   For paragraph 115 (1) (c) of the Act, a licensee of an apparatus licence must not authorise another person to operate radiocommunications devices under the licence if:

                (a)    the licensee is an exempt person; and

               (b)    the other person is not an exempt person.

         (2)   For paragraph 115 (1) (c) of the Act, a licensee of an apparatus licence must not authorise another person to operate radiocommunications devices under the licence if:

                (a)    the licensee is an eligible person; and

               (b)    the other person is not:

                          (i)    an eligible person; or

                         (ii)    an exempt person.

         (3)   For paragraph 115 (1) (c) of the Act, a licensee of an apparatus licence must not authorise another person to operate radiocommunications devices under the licence if:

                (a)    the apparatus licence authorises the operation of a radiocommunications device for the provision of an international broadcasting service; and

               (b)    there is no international broadcasting licence in force that authorises the provision of that service.

         (4)   For paragraph 115 (1) (c) of the Act, the ABC or the SBS, as licensee of an apparatus licence, must not authorise another person to operate radiocommunications devices under the licence if:

                (a)    the person intends to provide an international broadcasting service under the licence; or

               (b)    the person intends to provide a broadcasting service within Australia under the licence.

         (5)   For paragraph 115 (1) (c) of the Act, a licensee of an apparatus licence must not authorise another person to operate radiocommunications devices under the licence if:

                (a)    the licence authorises the licensee to operate a radiocommunications device that is used in an exempt broadcasting service; and

               (b)    the other person is not eligible for exemption under subsection 18A (3) of the Broadcasting Services Act 1992.

6              Revocation of authorisation

         (1)   A licensee of an apparatus licence must not authorise another person to operate radiocommunications devices under the licence unless the authorisation is given in such a way that:

                (a)    it is revocable at will; and

               (b)    its revocation:

                          (i)    will be final and conclusive as against the person so authorised; and

                         (ii)    will not be capable of being challenged, appealed against, reviewed, quashed or called into question in any court; and

                         (iii)    will not be subject to prohibition, mandamus, injunction or an order for specific performance in any court;

at the suit of the person authorised to operate the device, on account of any contract, agreement, arrangement or other understanding entered into between that person and the licensee, whether or not incorporating the authorisation.

         (2)   For the avoidance of doubt, nothing in this Determination prevents a licensee from entering into a contract, agreement, arrangement or other understanding, that would give rise to an action for damages against the licensee if the licensee were to revoke an authorisation to operate radiocommunications devices.

Notes

1.       Notified in the Commonwealth of Australia Gazette on 20 December 1995.

2.       Notified in the Commonwealth of Australia Gazette on 26 July 2000.

3.       Notified in the Commonwealth of Australia Gazette on 31 August 2000.