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Radiocommunications Regulations 1993

Authoritative Version
  • - F2011C00907
  • In force - Superseded Version
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SR 1993 No. 177 Regulations as amended, taking into account amendments up to Radiocommunications Amendment Regulations 2011 (No. 1)
Principal Regulations. These Regulations repeal the former Radiocommunications (Licensing and General) Regulations 1985.
Administered by: Broadband, Communications and the Digital Economy
Registered 28 Nov 2011
Start Date 26 Nov 2011
End Date 08 Aug 2013
Table of contents.
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Collapse Part 1 Preliminary 
Part 1 Preliminary
1 Name of regulations [see Note 1]
2 Commencement
3 Definitions
Expand Part 2 General 
Part 2 General
Expand Part 3 Conditions for transmitter licences 
Part 3 Conditions for transmitter licences
Expand Part 4 Examinations for certificates of proficiency 
Part 4 Examinations for certificates of proficiency
Expand Part 5 Payment of penalties 
Part 5 Payment of penalties
Expand Part 6 Miscellaneous 
Part 6 Miscellaneous

Radiocommunications Regulations 1993

Statutory Rules 1993 No. 177 as amended

made under the

This compilation was prepared on 26 November 2011
taking into account amendments up to SLI 2011 No. 208

Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra


Contents

Part 1                          Preliminary                                                                 

                        1      Name of regulations [see Note 1]                                     4

                        2      Commencement                                                              4

                        3      Definitions                                                                      4

Part 2                          General                                                                        

                        6      What functions or duties attract exemption from Parts 3.1, 4.1 and 4.2 of the Act?    6

Part 3                          Conditions for transmitter licences                     

Division 1                    Conditions applicable generally                                     

Division 2                    Conditions applicable to amateur stations                      

Part 4                          Examinations for certificates of proficiency      

                       13      Examinations conducted under the Regulations                8

                       14      Restricted Operator’s Examination                                   8

                       18      First‑Class and Second‑Class Radio Electronic Operator’s Examinations      9

                       19      General Operator’s Examination                                     10

                       20      When ACMA must give notice of examinations               11

                       21      Notice for examination                                                   11

                       22      Examination result and reassessment                             12

Part 5                          Payment of penalties                                               

                       23      When may an infringement notice be served?                 13

                       24      How is an infringement notice to be served?                   13

                       25      What must be included in an infringement notice?           14

                       26      What is the effect of withdrawal of an infringement notice? 15

                       27      What happens if the penalty is paid?                              15

                       28      What happens if the penalty is paid by cheque?             16

                       29      What happens if more than one notice is served in relation to the same alleged offence?       16

                       30      What effect does this Part have on the institution and prosecution of proceedings?  16

                       31      Evidentiary matters                                                        16

Part 6                          Miscellaneous                                                           

                    32A      Prescribed transmitter licences — scientific licences       18

                       32      Officers who may give directions to which subsection 108 (3) of the Act applies       18

                       33      Words describing intention to use device outside Australia 18

                       34      Organisations specified for the purposes of paragraph 193 (1) (a) of the Act 18

                       36      Form of warrant                                                             19

                       38      Prescribed instrument (Act s 299)                                   19

                       39      Qualifications required by officers who issue evidentiary certificates 19

                       40      Directions that may be given by inspectors                    19

                       41      Issue of duplicate instruments                                        20

                       42      Authorised persons                                                       20

                       45      Service of notices                                                         20

                       46      Repeal of former Radiocommunications (Licensing and General) Regulations            21

Schedule 1                  Examinations                                                               22

Schedule 2                  Officers of Organisations that deal with natural disasters  23

Schedule 3                  Prescribed Organisations                                             24

Part 1                             Fire‑Fighting, Civil Defence and Rescue Organisations    24

Part 2                             Ambulance Services                                                      26

Schedule 4                                                                                                  28

Notes                                                                                                          30

 


Part 1                 Preliminary

  

1              Name of regulations [see Note 1]

                These regulations are the Radiocommunications Regulations 1993.

2              Commencement

                These regulations commence on 1 July 1993.

3              Definitions

         (1)   In these Regulations:

Act means the Radiocommunications Act 1992.

authorised person means:

                (a)    the Chair; or

               (b)    a person appointed under regulation 42 for the purposes of the provision in which that expression appears.

Chair has the meaning given by section 3 of the Australian Communications and Media Authority Act 2005.

Distress, Urgency, Alarm and Safety Signals means the Distress Signal, Urgency Signal, Alarm Signal and Safety Signal, within the meaning of the Articles in which the respective Signals are mentioned, of the Radio Regulations published by the International Telecommunication Union, Geneva, as in force from time to time under the Telecommunication Convention.

examination means an examination conducted under Part 4.

facsimile includes any form of communication that is automatically reproduced onto paper.

Interpretation Determination means the Radiocommunications (Interpretation) Determination 2000.

penalty, in relation to an offence of a kind mentioned in section 315 of the Act, means a penalty of an amount worked out in accordance with that section.

SOLAS means the International Convention for the Safety of Life at Sea, done at London on 1 November 1974 and its Protocol of 1978, done at London on 17 February 1978, both as in force on the day on which this definition takes effect.

Telecommunication Convention means the International Telecommunication Convention done at Nairobi on 6 November 1982.

Note   The following terms used in these Regulations are defined in section 5 of the Act: ACMA, aircraft, certificate, device, inspector, interference, licence, licensee, radiocommunication, transmitter and transmitter licence.

         (2)   Unless the contrary intention appears, an expression used in these Regulations and in the Interpretation Determination has the same meaning in these Regulations as it has in the Interpretation Determination.

Note   Several terms used in these Regulations are defined in the Interpretation Determination. Those terms include the following:

·      maritime coast station

·      message

·      ship

·      ship station Class B

·      ship station Class C

·      station.

Part 2                 General

  

6              What functions or duties attract exemption from Parts 3.1, 4.1 and 4.2 of the Act?

                For the purposes of paragraph 26 (1) (b) of the Act, a function or duty of a member of the Defence Force, or of an officer of the Department of Defence, in relation to:

                (a)    the control, operation or use of the Defence Force or of any part of the Defence Force; or

               (b)    the collection or dissemination of information for a purpose relating to the security or defence of Australia; or

                (c)    the control or operation of any system, equipment, weapon or thing intended for use in combat;

is taken to be a function or duty in relation to military command and control, intelligence or weapons systems, as the case requires.

 



Part 4                 Examinations for certificates of proficiency

  

13            Examinations conducted under the Regulations

         (1)   The ACMA may conduct, or arrange the conducting of, examinations referred to in this Part.

         (2)   The examination specified in Column 2 of an item in Schedule 1 is an examination conducted by or for the ACMA for a certificate that relates to a licence for a transmitter that is, or forms part of, a station described in Column 3 of that item.

14            Restricted Operator’s Examination

         (1)   A Restricted Operator’s Examination may be conducted for radiotelegraphy or radiotelephony, or both.

         (2)   A Restricted Operator’s Examination in radiotelegraphy is an examination conducted by an authorised person in relation to the following matters:

                (a)    practical knowledge of the working and adjustment of any type of radiotelegraph installation specified by the ACMA by notice in the Gazette;

               (b)    ability to send correctly, and to receive correctly by ear, in Morse code, a message in plain language at a speed of 10 words per minute;

                (c)    knowledge of the regulations in force under the Telecommunication Convention relating to:

                          (i)    the exchange of radiotelegraph communications; and

                         (ii)    interference; and

                        (iii)    the Distress, Urgency, Alarm and Safety Signals;

               (d)    knowledge of the precautions necessary to ensure the safety of an installation referred to in paragraph (a) and the user of the installation.

         (3)   A Restricted Operator’s Examination in radiotelephony is an examination conducted by an authorised person in relation to the following matters:

                (a)    practical knowledge of the working and adjustment of any type of radiotelephone installation specified by the ACMA by notice in the Gazette;

               (b)    ability to send and receive correctly messages by radiotelephone;

                (c)    knowledge of the regulations in force under the Telecommunication Convention relating to:

                          (i)    the exchange of radiotelephone communications; and

                         (ii)    interference; and

                        (iii)    the Distress, Urgency, Alarm and Safety Signals;

               (d)    knowledge of the precautions necessary to ensure the safety of an installation referred to in paragraph (a) and the user of the installation.

         (4)   A Restricted Operator’s Examination in both radiotelegraphy and radiotelephony is an examination conducted by an authorised person in relation to the matters specified in subregulations (2) and (3).

18            First‑Class and Second‑Class Radio Electronic Operator’s Examinations

                A First‑Class Radio Electronic Operator’s Examination and a Second‑Class Radio Electronic Operator’s Examination are examinations conducted by an authorised person in relation to the following matters:

                (a)    knowledge of the principles of electricity and of the theory of radio and electronics;

               (b)    for a First‑Class Radio Electronic Operator’s Examination — a detailed theoretical knowledge of the types of radiocommunication equipment specified by the ACMA by notice in the Gazette in relation to the examination;

                (c)    for a Second‑Class Radio Electronic Operator’s Examination — a general theoretical knowledge of the types of radiocommunication equipment specified by the ACMA by notice in the Gazette in relation to the examination;

               (d)    general knowledge of the principles of equipment used for radionavigation;

                (e)    for a First‑Class Radio Electronic Operator’s Examination — practical knowledge necessary for the locating and repairing (using appropriate testing equipment and tools) faults which may occur on board a ship in the equipment referred to in paragraphs (b) and (d);

                (f)    for a Second‑Class Radio Electronic Operator’s Examination — practical knowledge necessary for repairing faults in equipment referred to in paragraphs (c) and (d), using the means available on board a ship and, if necessary, replacing modular units;

               (g)    detailed practical knowledge of global maritime distress and safety subsystems and associated equipment;

               (h)    ability to send and receive correctly by radiotelephone and direct‑printing radiotelegraph installations;

                (i)    detailed knowledge of the regulations applying to radiocommunication in force under the Telecommunication Convention;

                (j)    knowledge of the recommendations relating to charges for radiocommunication published by the International Telegraphic and Telephone Consultative Committee of the International Telecommunications Union and specified, in relation to the examination, by the ACMA by notice in the Gazette;

               (k)    knowledge of the provisions of SOLAS that relate to radiocommunication.

19            General Operator’s Examination

                A General Operator’s Examination is an examination conducted by an authorised person in relation to the following matters:

                (a)    detailed practical knowledge of global maritime distress and safety subsystems and associated equipment that are specified by the ACMA by notice in the Gazette;

               (b)    ability to send and receive correctly by radiotelephone and direct‑printing radiotelegraph installations;

                (c)    detailed knowledge of the regulations applying to radiocommunication in force under the Telecommunication Convention;

               (d)    knowledge of the recommendations relating to charges for radiocommunication published by the International Telegraphic and Telephone Consultative Committee of the International Telecommunications Union and specified by the ACMA by notice in the Gazette;

                (e)    knowledge of the provisions of SOLAS that relate to radiocommunication.

20            When ACMA must give notice of examinations

                If, under this Part, the ACMA is required to give notice in the Gazette about an examination, the ACMA must give the notice at least 14 days before the day when the examination is to be held.

21            Notice for examination

         (1)   If an applicant applies for a certificate and is required to undertake an examination in relation to that application, the ACMA must give the applicant notice in writing setting out:

                (a)    the time and place of the examination; and

               (b)    the charge (if any) determined by the ACMA under section 60 of the Australian Communications and Media Authority Act 2005 for the examination and the time when the charge is payable.

         (2)   If a charge is payable for an examination before the examination is conducted, an applicant for a certificate is not entitled to undertake the examination unless the applicant has paid the charge.

         (3)   An applicant who has paid the charge for an examination and does not undertake the examination is not entitled to a refund of the charge.

22            Examination result and reassessment

         (1)   If an applicant for a certificate undertakes an examination for that certificate, an authorised person must give notice in writing to the applicant as soon as practicable after the examination is conducted:

                (a)    of the result of the examination; and

               (b)    that the applicant is entitled to apply in writing to the ACMA, within 28 days after the day on which the notice is given, for a reassessment of the result of the examination, except an examination referred to in paragraph 14 (2) (b), 15 (c) or 17 (c) relating to the sending of a message in Morse Code.

         (2)   The ACMA may extend the period referred to in subregulation (1) for a further period specified in the notice if it is reasonable in all the circumstances to do so and whether or not the initial period has expired.

         (3)   If an applicant for a certificate applies to the ACMA, in accordance with this regulation, for reassessment of the result of an examination, the ACMA, or an authorised person, must direct an authorised person:

                (a)    to make the reassessment; and

               (b)    as soon as practicable after making the reassessment — to give notice in writing to the applicant of the result of the reassessment.


 

Part 5                 Payment of penalties

  

23            When may an infringement notice be served?

                If there are reasonable grounds for believing that a person has committed an offence of a minor nature against a provision mentioned in section 315 of the Act, an authorised person may serve, or cause to be served, an infringement notice on that person.

24            How is an infringement notice to be served?

         (1)   An authorised person may serve an infringement notice on an individual:

                (a)    by giving it to the individual personally; or

               (b)    by leaving it at, or sending it by post to, the residential or business address of the individual that is last known to the officer; or

                (c)    by giving it, at the residence or place of business that is last known to the officer, to a person who is, or whom the officer reasonably believes is:

                          (i)    above the age of 16 years; and

                         (ii)    an occupant of, or employed at, the residence or place.

         (2)   An authorised person may serve an infringement notice on a body corporate:

                (a)    by sending it by post to the head office, registered office, principal office or other postal address of the body corporate; or

               (b)    by giving it, at the head office, registered office, principal office or other place of business of the body corporate, to a person who is, or whom the officer reasonably believes is:

                          (i)    above the age of 16 years; and

                         (ii)    an officer of, or in the service of, the body corporate.

         (3)   An infringement notice may also be served:

                (a)    by another person acting on behalf of an authorised person in the manner set out in subregulation (1) or (2); or

               (b)    by an authorised person, or by another person acting on behalf of an authorised person, in the manner set out in regulation 45.

25            What must be included in an infringement notice?

         (1)   An infringement notice must be signed by the person who issues it, or causes it to be issued, and must contain:

                (a)    a statement of the name of the authorised person who issues it, or causes it to be issued; and

               (b)    a statement setting out the nature of the alleged offence and when and where the offence is alleged to have been committed; and

                (c)    a statement to the effect that, if the person on whom the notice is served does not wish the matter to be dealt with by a court, he or she may pay a penalty of an amount worked out in accordance with section 315 of the Act in relation to the alleged offence, being the amount specified in the notice, within the period of 28 days after the date of the notice unless the notice is sooner withdrawn; and

               (d)    information describing where and how the penalty may be paid; and

                (e)    a statement setting out the procedures under these Regulations relating to the withdrawal of notices and the consequences of the withdrawal of a notice;

                (f)    a statement to the effect that if the person pays the penalty within the period referred to in the notice or any further period (not being more than 14 days) that an authorised person allows (whether before or after the end of the period referred to in the notice), or if the notice is withdrawn after the person has paid the penalty:

                          (i)    any liability of the person for the alleged offence is regarded as being discharged; and

                         (ii)    no further proceedings may be taken for the alleged offence; and

                        (iii)    the person is not to be regarded as having been convicted of the alleged offence.

         (2)   An infringement notice may contain any other matters that the ACMA considers relevant.

26            What is the effect of withdrawal of an infringement notice?

         (1)   If an infringement notice has been served on a person, an authorised person may at any time before the expiration of 28 days after the date of the notice, by notice in writing served on the person, withdraw the infringement notice.

         (2)   If:

                (a)    an infringement notice has been served on a person; and

               (b)    the person has paid the penalty in relation to the alleged offence in accordance with the notice; and

                (c)    the notice is subsequently withdrawn;

an authorised person must cause to be refunded to the person an amount equal to the penalty paid by the person.

27            What happens if the penalty is paid?

         (1)   If an infringement notice is served on a person and:

                (a)    the person pays the penalty within the period referred to in the notice or any further period (not being more than 14 days) that an authorised person allows (whether before or after the end of the period referred to in the notice); or

               (b)    the notice is withdrawn after the person has paid the penalty;

then:

                (c)    any liability of the person for the alleged offence is regarded as being discharged; and

               (d)    no further proceedings may be taken for the alleged offence.

         (2)   If subregulation (1) applies to a person, the person is not to be regarded as having been convicted of the alleged offence.

28            What happens if the penalty is paid by cheque?

                If the amount of a penalty is paid by cheque, payment is taken not to have been made unless the cheque is honoured upon presentation.

29            What happens if more than one notice is served in relation to the same alleged offence?

                Nothing in this Part prevents the service of more than one infringement notice on a person for the same alleged offence, but regulation 27 applies to the person if the person pays the penalty in relation to the alleged offence in accordance with any one of those notices.

30            What effect does this Part have on the institution and prosecution of proceedings?

                Nothing in this Part:

                (a)    requires an infringement notice to be served in relation to an alleged offence; or

               (b)    affects the liability of a person to be prosecuted for an alleged offence if the person does not comply with an infringement notice; or

                (c)    affects the liability of a person to be prosecuted for an alleged offence if an infringement notice is not served on the person in relation to the offence, or if an infringement notice is served on the person and subsequently withdrawn; or

               (d)    limits the amount of the fine that may be imposed by a court on a person convicted of an alleged offence.

31            Evidentiary matters

         (1)   At the hearing of a prosecution for an offence referred to in an infringement notice, a certificate signed by an authorised person that states that:

                (a)    under paragraph 27 (1) (a), the authorised person did not allow further time for payment of the penalty; and

               (b)    the penalty was not paid in accordance with the notice within 28 days after the date of service of the notice;

is evidence of those matters.

         (2)   At the hearing of a prosecution for an offence referred to in an infringement notice, a certificate signed by an authorised person that states that:

                (a)    under paragraph 27 (1) (a), the authorised person allowed the further time set out in the evidentiary certificate for payment of the penalty; and

               (b)    the penalty was not paid in accordance with the notice within the further time allowed;

is evidence of those matters.

         (3)   A certificate that purports to have been signed by an authorised person is taken to have been signed by the authorised person unless the contrary is proved.


 

Part 6                 Miscellaneous

  

32A         Prescribed transmitter licences — scientific licences

                For paragraph (c) of the definition of datacasting transmitter licence in section 5 of the Act, a scientific licence mentioned in item 14 in Schedule 1 of the Radiocommunications (Transmitter and Receiver Licences) Determination made on 30 March 1995 is prescribed.

Note   The Radiocommunications (Interpretation) Determination 2000 declares itself to apply to all Determinations made under subsection 98 (1) of the Act (see section 5). The definition of scientific licence mentioned in this regulation is contained in Schedule 1 of that Determination.

32            Officers who may give directions to which subsection 108 (3) of the Act applies

                The classes of officers referred to in Column 3 of Schedule 2 and the organisations referred to in Column 4 of that Schedule are specified for the purposes of subparagraph 108 (3) (b) (v) of the Act.

33            Words describing intention to use device outside Australia

                For the purposes of paragraph 173 (2) (b) of the Act, the following words are authorised as a statement indicating that a device is intended to be used solely outside Australia:

                “This device is intended to be used only outside Australia”.

34            Organisations specified for the purposes of paragraph 193 (1) (a) of the Act

                Each organisation referred to in an item in Part 1 or 2 of Schedule 3 is specified for the purposes of paragraph 193 (1) (a) of the Act.

36            Form of warrant

                The form of warrant for the purposes of section 269 of the Act is the form in Schedule 4.

38            Prescribed instrument (Act s 299)

                For paragraph 299 (1) (b) of the Act, the Timor Sea Treaty (being the Treaty defined by subsection 5 (1) of the Petroleum (Timor Sea Treaty) Act 2003), as amended from time to time, is prescribed.

39            Qualifications required by officers who issue evidentiary certificates

                For the purposes of subsection 305 (1) of the Act, the qualifications required, or that have at any time been required, by a person for the purposes of entry to the Australian Public Service as a Technical Officer are specified as the qualifications that must be held by a Commonwealth officer who may issue an evidentiary certificate under that subsection.

40            Directions that may be given by inspectors

         (1)   To avoid interference to radiocommunications, an inspector may give to a licensee directions in writing that are reasonably necessary for the operation of a station or service, being directions in relation to:

                (a)    the installation, maintenance and operation of a station or service; and

               (b)    any accessory apparatus used, or to be used, in the operation of the station or service.

         (2)   A licensee must comply with a direction under subregulation (1).

Penalty:   10 penalty units.

         (3)   Strict liability applies to the physical element of an offence under subregulation (2) that the direction was a direction under subregulation (1).

         (4)   A licensee must not engage in conduct that results in alteration to a station or service, or to any accessory apparatus used in the operation of the station or service, if:

                (a)    the licensee is not acting:

                          (i)    in accordance with a direction given under subregulation (1); or

                         (ii)    with the consent in writing of an inspector; and

               (b)    the alteration is of a kind that is likely to cause interference to radiocommunications.

Penalty:   10 penalty units.

41            Issue of duplicate instruments

                If a licence, certificate or permit is issued to a person under the Act has been lost or destroyed, the holder of the original licence, certificate or permit may apply to the ACMA for issue to the holder of a duplicate.

42            Authorised persons

                The ACMA may, by written instrument, appoint a member of the staff of the ACMA as an authorised person for these regulations.

45            Service of notices

         (1)   If the Act requires:

                (a)    service of a notice on a person; or

               (b)    that a person be given a copy of a document;

the notice or copy may be given by facsimile transmission to the facsimile receiver (if any) last known to the person sending the transmission as being the receiver at which the addressee receives facsimile transmissions.

         (2)   The method of service described in subregulation (1) is in addition to any other permitted method of service.

         (3)   In the absence of evidence to the contrary, a facsimile transmission is taken to have been given to a person at the time the transmission is sent to the receiver referred to in subregulation (1).

46            Repeal of former Radiocommunications (Licensing and General) Regulations

                Statutory Rules 1985 Nos 195 and 221, 1986 Nos 125, 197, 213 and 278, 1987 Nos 61, 272 and 332, 1988 Nos 120, 156 and 348, 1989 Nos 193, 314 and 319, 1990 Nos 353 and 358, 1991 Nos 78, 346 and 360 and 1992 Nos 197, 307 and 309 are repealed.


Schedule 1        Examinations

(subregulation 13 (2))

  

 

Column 1

Column 2

Column 3

Item No

Examination

Station

1

Restricted Operator’s Examination

Maritime coast station
Ship station Class B
Ship station Class C

6

First‑Class Radio Electronic Operator’s Examination

Maritime coast station
Ship station Class B
Ship station Class C

 

Schedule 2        Officers of Organisations that deal with natural disasters

(regulation 32)

  

 

Column 1

Column 2

Column 3

Column 4

Item No

State or Territory

Class of Officer

Organisation

1

New South Wales

Director‑General of State Emergency Service and Civil Defence

New South Wales State Emergency Service

2

Victoria

Director

Victorian State Emergency Service

3

Queensland

Director

Queensland State Emergency Service

4

Western Australia

Director, Emergency Services Co‑ordination

Western Australia State Emergency Service

5

South Australia

Director

South Australian State Emergency Service

6

Tasmania

Director

Tasmanian State Emergency Service

7

Northern Territory

Director

Northern Territory Emergency Service

8

Australian Capital Territory

Director

Australian Capital Territory Ambulance Service

 

Schedule 3        Prescribed Organisations

(regulation 34)

Part 1          Fire‑Fighting, Civil Defence and Rescue Organisations

 

Column 1

Column 2

Column 3

Item No

Australia, State
or Territory

Organisation

1

Australia

Civil Aviation Authority‑Rescue and Fire‑fighting Service

 

 

Each of the brigades or rescue services under the control of the Australian National Parks and Wildlife Service

2

New South Wales

New South Wales State Emergency Services

 

 

Each of the brigades under the control of the New South Wales Fire Brigades or formed under the Bush Fires Act 1949 of the State of New South Wales

 

 

Hunter Valley Mines Rescue Station Newcastle Mines Rescue Station

 

 

Southern Mines Rescue Station Western Mines Rescue Station

 

 

Volunteer Rescue Association, Forestry Commission of New South Wales (fire‑fighting units)

 

 

National Parks and Wildlife Service (fire‑fighting units)

3

Victoria

Victorian State Emergency Service

 

 

Each of the brigades under the control of the Melbourne Metropolitan Fire Brigades Board or of the Country Fire Authority or of the Department of Conservation and Natural Resources

4

Queensland

Queensland State Emergency Service

 

 

Each of the brigades forming part of the Queensland State Fire Services or under the control of The Rural Fires Board of Queensland

 

 

Central Queensland Mine Rescue Brigade

 

 

Northern Queensland Mine Rescue Brigade

 

 

South East Queensland Mine Rescue Brigade

5

Western Australia

Western Australian State Emergency Service

 

 

Each of the brigades under the control of the Western Australia Fire Brigades Board, of the Bush Fires Board of Western Australia or of the Department of Conservation and Land Management

6

South Australia

South Australian State Emergency Service

 

 

Each of the brigades under the control of the Metropolitan Fire Service or of the Country Fire Services of South Australia

7

Tasmania

Tasmanian State Emergency Service

 

 

Each of the brigades or divisions under the control of the Tasmania Fire Service, the Forestry Commission or the National Parks and Wildlife Service

8

Northern Territory

Northern Territory Emergency Service

 

 

Each of the brigades under the control of the Northern Territory Fire Service or of the Northern Territory Bush Fires Council

9

Australian Capital Territory

Fire and Emergency Services

Part 2          Ambulance Services

 

Column 1

Column 2

Column 3

Item No

State or Territory

Organisations

1

New South Wales

New South Wales Ambulance Service
St. John Ambulance Brigade

2

Victoria

Alexandra and district Ambulance Service

 

 

Ambulance Service Victoria — Metropolitan Region

 

 

Ambulance Service Victoria — North Eastern Region

 

 

Ambulance Service Victoria — North Western Region

 

 

Ambulance Service Victoria — South Eastern Region

 

 

Ambulance Service Victoria — South Western Region

 

 

Ambulance Service Victoria — Western Region

3

Queensland

St. John Ambulance Australia (Queensland)

 

 

Queensland Ambulance Transport Brigade

4

Western Australia

St. John Ambulance Australia (Operations Branch) Western Australia District

 

 

Ambulance Service of Western Australia (St. John Ambulance Association)

5

South Australia

South Australian St. John Ambulance Service

6

Tasmania

Tasmanian Ambulance Service

7

Northern Territory

St. John Ambulance Australia (NT) Inc. Department of Health and Community Services (Ambulance Services)

8

Australian Capital Territory

Australian Capital Territory Ambulance Service

 

Schedule 4          

(regulation 36)

  

COMMONWEALTH OF AUSTRALIA

Radiocommunications Act 1992

SEARCH WARRANT UNDER SECTION 269

TO (insert name and address of inspector), an inspector within the meaning of section 267 of the Radiocommunications Act 1992.

I, (full name and designation of Magistrate), authorise you, with the assistance, and by the force, that is necessary and reasonable, *at any time of the day or night / * between the hours of (time) and (time):

       *(a)      to enter the land at (address); and

       *(a)      to enter the premises at (address); and

       *(a)      to board the vessel identified as (manner of identification) located at (place); and

       *(a)      to board the aircraft identified as (manner of identification) located at (place); and

       *(a)      to enter the vehicle identified as (manner of identification) located at (place); and

          (b)     to search the *land / *premises / *vessel / *aircraft / *vehicle for (description of thing or kind of things); and

          (c)     to break open and search a cupboard, drawer, chest, trunk, box, package or other receptacle, whether a fixture or not, in which you suspect on reasonable grounds there to be anything connected with (description of alleged offence against the Act.); and

          (d)     to examine and seize (description of kind of things to be seized) that you suspect on reasonable grounds to be connected with the offence.

This warrant is issued on the basis:

          (a)     of information on oath laid before me alleging that an inspector suspects on reasonable grounds that there may be *on the land / * at the premises / * in the vessel / * in the aircraft / * in the vehicle:

* ·    anything in respect of which (description of alleged offence against the Act.) has been committed.

* ·    anything that may afford evidence about the commission of (description of alleged offence against the Act.).

* ·  anything that was used, or is intended to be used, for the purpose of committing (description of alleged offence against the Act.).

          (b)     that the grounds were set out in the information; and

          (c)     that I have been given, either orally or by affidavit, any further information that I required concerning the grounds on which the issue of the warrant is sought; and

          (d)     that I am satisfied that there are reasonable grounds for issuing this warrant.

THIS WARRANT CEASES TO HAVE EFFECT ON (date not later than 7 days after issue of warrant).

Issued on (date).

(signature of Magistrate)

* Omit if inapplicable


Notes to the Radiocommunications Regulations 1993

Note 1

The Radiocommunications Regulations 1993 (in force under the Radiocommunications Act 1992) as shown in this compilation comprise Statutory Rules 1993 No. 177 amended as indicated in the Tables below.

Table of Instruments

Year and
number

Date of
notification
in Gazette or FRLI registration

Date of
commencement

Application, saving or
transitional provisions

1993 No. 177(a)

30 June 1993

1 July 1993

 

1995 No. 62

31 Mar 1995

3 Apr 1995

1995 No. 259

7 Sept 1995

8 Sept 1995 (see r. 2 and Gazette 1995, No. S341)

1996 No. 158

24 June 1996

24 June 1996

1997 No. 121

4 June 1997

4 June 1997

1997 No. 283

8 Oct 1997

8 Oct 1997

1998 No. 330

16 Dec 1998

16 Dec 1998

1999 No. 271

17 Nov 1999

17 Nov 1999

2000 No. 221

17 Aug 2000

17 Aug 2000

2000 No. 257

15 Sept 2000

15 Sept 2000

2001 No. 337 (b)

21 Dec 2001

21 Dec 2001

2003 No. 118

19 June 2003

19 June 2003

2005 No. 175

9 Aug 2005 (see F2005L02191)

10 Aug 2005

2011 No. 208

25 Nov 2011 (see F2011L02448)

26 Nov 2011

(a)    The Multipoint Distribution System Band Plan in force under the Radiocommunications Act 1992 is the Plan that was published as Statutory Rules 1988 No. 181 as continued in force by section 4 of the Radiocommunications (Transitional Provisions and Consequential Amendments) Act 1992.

(b)    Statutory Rules 2001 No. 337 was made under the Australian National Maritime Museum Act 1990, the National Gallery Act 1975, the National Library Act 1960, the Radiocommunications Act 1992 and the Telecommunications Act 1997.

Table of Amendments

ad. = added or inserted  am. = amended  rep. = repealed  rs. = repealed and substituted

 

Provision affected

How affected

Part 1

 

R. 1.........................................

rs. 1998 No. 330

R. 3.........................................

am. 1995 Nos. 62 and 259; 1997 No. 121; 1997 No. 283; 1998 No. 330; 1999 No. 271; 2000 No. 257

 

rs. 2011 No. 208

R. 4.........................................

rs. 1997 No. 121

 

am. 1997 No. 283; 1998 No. 330; 1999 No. 271

 

rep. 2000 No. 257

R. 5.........................................

rs. 1995 No. 62

 

am. 1997 No. 283

 

rep. 2000 No. 257

R. 7.........................................

rep. 1995 No. 259

Rr. 8–10.................................

am. 1995 No. 62

 

rep. 1995 No. 259

R. 11.......................................

rs. 1995 No. 62

 

rep. 1995 No. 259

Div. 3 of Part 3......................

rep. 1995 No. 62

R. 12.......................................

rep. 1995 No. 62

Part 4

 

R. 13.......................................

am. 1998 No. 330; 2011 No. 208

R. 14.......................................

am. 1998 No. 330; 2011 No. 208

Rr. 15–17...............................

am. 1995 No. 62

 

rep. 1997 No. 121

R. 17A....................................

ad. 1995 No. 62

 

rep. 1997 No. 121

R. 18.......................................

am. 1998 No. 330; 2011 No. 208

R. 19.......................................

am. 1998 No. 330; 2011 No. 208

R. 20.......................................

rs. 1998 No. 330; 2011 No. 208

R. 21.......................................

am. 1998 No. 330; 2011 No. 208

R. 22.......................................

am. 1998 No. 330; 2011 No. 208

Part 5

 

R. 23.......................................

am. 1995 No. 62

 

rs. 1999 No. 271

R. 25.......................................

am. 1996 No. 158; 1998 No. 330; 2011 No. 208

R. 26.......................................

am. 1998 No. 330; 2011 No. 208

R. 27.......................................

am. 1998 No. 330; 2011 No. 208

Part 6

 

R. 32A....................................

ad. 2003 No. 118

R. 35.......................................

rep. 1998 No. 330

R. 37.......................................

am. 1995 No. 62; 1997 No. 121

 

rep. 1998 No. 330

R. 38.......................................

rs. 2000 No. 221; 2005 No. 175

R. 40.......................................

am. 1995 No. 62; 2001 No. 337

R. 41.......................................

am. 1998 No. 330; 2011 No. 208

R. 42.......................................

rs. 1998 No. 330

 

am. 1999 No. 271; 2011 No. 208

R. 43.......................................

am. 1995 No. 62

 

rep. 1998 No. 330

R. 44.......................................

rep. 1995 No. 62

Schedule 1

 

Schedule 1............................

rs. 1995 No. 62

 

am. 1997 No. 121