Federal Register of Legislation - Australian Government

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Determinations/Other as amended, taking into account amendments up to Radiocommunications (Foreign Space Objects) Amendment Determination 2021 (No. 1)
This determination revokes and replaces the Radiocommunications (Foreign Space Objects) Determination 2000 without making any significant changes due to it being automatically repealed on 1 October 2015, in accordance with Part 6 of the Legislative Instruments Act 2003.
Administered by: Infrastructure, Transport, Regional Development and Communications
Registered 28 Apr 2021
Start Date 07 Apr 2021
End Date 13 May 2022

Radiocommunications (Foreign Space Objects) Determination 2014

Radiocommunications Act 1992

made under paragraph 16(1)(ca) of the

Radiocommunications Act 1992

 

Compilation No. 5

Compilation date:                                          7 April 2021

Includes amendments up to:                        F2021L00422

 

 

 

Prepared by the Australian Communications and Media Authority, Melbourne.

 

 

 

 

 

 

 

 


 

About this compilation

 

This compilation

This is a compilation of the Radiocommunications (Foreign Space Objects) Determination 2014 that shows the text of the law as amended and in force on 7 April 2021 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law.  Any uncommenced amendments affecting the law are accessible on the Federal Register of Legislation (www.legislation.gov.au).  The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes.  For more information on any uncommenced amendments, see the series page on the Federal Register of Legislation for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law.  Accordingly, this compilation does not show the text of the compiled law as modified.  For more information on any modifications, see the series page on the Federal Register of Legislation for the compiled law.

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.


1              Name of Determination

                This Determination is the Radiocommunications (Foreign Space Objects) Determination 2014.

3              Definitions

                In this Determination, unless the contrary intention appears:

Act means the Radiocommunications Act 1992.

class licence means the Radiocommunications (Communication with Space Object) Class Licence 2015.

4              Application of Act outside Australia — foreign space objects operating in frequency range mentioned in class licence

                The Act applies outside Australia in relation to a foreign space object if:

                (a)    the foreign space object is owned, controlled or operated by or for a company mentioned in Schedule 1; and

               (b)    a space station on the foreign space object is operating in a frequency range mentioned in paragraph 6 (a) or (b) of the class licence to transmit radio emissions to, or receive radio emissions from, a station inside Australia.

Note   Under section 5 of the Act, a foreign space object is defined to mean a space object (also defined in section 5 of the Act) that is not an Australian space object. An Australian space object is defined in section 5 to mean a space object that the ACMA, by legislative instrument, determines to be an Australian space object for the purposes of the Act (see the Radiocommunications (Australian Space Objects) Determination 2014).

5              Application of Act outside Australia — other foreign space objects

                The Act applies outside Australia in relation to a foreign space object if:

                (a)    the foreign space object is owned, controlled, or operated by, or for, an entity mentioned in Schedule 3; and

               (b)    a space station on the foreign space object is operating in a frequency range that is not mentioned in subsection 6 (a) or (b) of the class licence; and

                (c)    the space station is operating to transmit radio emissions to, or receive radio emissions from, a station inside Australia.


Schedule 1        Owners, controllers or operators of foreign space objects operating in frequency range mentioned in class licence

(paragraph 4 (a))

Item

Company owning, controlling or operating foreign space object

1

Globalstar L.P. (incorporated in the United States of America)

2

Iridium LLC (incorporated in the United States of America)

3

ORBCOMM Global L.P. (incorporated in the United States of America)

4

Intelsat US LLC (incorporated in the United States of America)

5

Inmarsat Global Limited (incorporated in the United Kingdom)

6

SKY Perfect JSAT Corporation (incorporated in Japan)

7

Asia Satellite Telecommunications Holdings Limited (incorporated in Hong Kong)

9

Thaicom Public Company Limited (incorporated in Thailand)

10

New Skies Satellites B.V. (incorporated in the Netherlands)  

11

SES Americom, Inc (incorporated in the United States of America)

12

Thuraya Telecommunications Company (incorporated in the United Arab Emirates)

14

Eutelsat Asia Pte Ltd (incorporated in Singapore)

15

16

APT Satellite Company Limited (incorporated in Hong Kong)

Network Access Associates Ltd (incorporated in the United Kingdom)

17

SpaceQuest, Ltd. (incorporated in the United States of America)

18

Kepler Communications Inc. (incorporated in Canada)

19

SpaceX Services, Inc. (incorporated in the United States of America)

20

Swarm Technologies, Inc. (incorporated in the United States of America)

21

Astrocast SA (incorporated in Switzerland)

22

Fleet Space Technologies Pty Ltd (ACN 607 948 729) (incorporated in Australia)

23

Hiber B.V. (incorporated in The Netherlands)

24

Kinéis SAS (incorporated in France)

25

O3b Limited (incorporated in Jersey)

26

Viasat, Inc. (incorporated in the United States of America)

 

 


Schedule 3        Owners, controllers or operators of other foreign space objects

(paragraph 5 (a))

 

 

Item

Entity owning, controlling or operating foreign space object

 

1

Measat Satellite Systems Sdn. Bhd. (incorporated in Malaysia)

2

Intelsat US LLC (incorporated in the United States of America)

3

Thaicom Public Company Limited (incorporated in Thailand)

4

New Skies Satellites B.V. (incorporated in the Netherlands)  

5

Asia Satellite Telecommunications Company Limited (incorporated in Hong Kong)

6

Eutelsat Asia Pte Ltd (incorporated in Singapore)

 


 


 

Endnotes

Endnote 1 – About the endnotes

The endnotes provide information about this compilation and the compiled law.

Endnote 2 (Abbreviation key) sets out abbreviations that may be used in the endnotes.

Endnote 3 (Legislation history) provides information about each law that has amended (or will amend) the compiled law.  The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

Endnote 4 (Amendment history) provides information about the amendments at the provision (generally section or equivalent) level and includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law. 

It also includes information about any misdescribed amendment (that is, an amendment that does not accurately describe the amendment to be made).  If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.  If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2—Abbreviation key

ad = added or inserted

rep = repealed

am = amended

rs = repealed and substituted

amdt = amendment

s = section(s)/subsection(s)

LA = Legislation Act 2003

 


 

Table of Instruments

Title

Date of notification
in Gazette or FRLI registration

Date of
commencement

Application, saving or
transitional provisions

Radiocommunications (Foreign Space Objects) Determination 2014

25 November 2014 (see F2014L01584)

26 November 2014

 

Radiocommunications (Communication with Space Object) Class Licence Consequential Amendments Instrument 2015

18 September 2015 (see F2015L01488)

24 September 2015 (see F2015L01486 and C2015G01540)

 

Radiocommunications (Foreign Space Objects) Amendment Determination 2017 (No. 1).

13 October 2017 (see F2017L01348)

14 October 2017

 

Radiocommunications (Foreign Space Objects) Amendment Determination 2018 (No. 1)

28 September 2018
(see F2018L01369)

29 September 2018

 

Radiocommunications (Foreign Space Objects) Amendment Determination 2020 (No.1)

29 January 2020
(see F2020L00053)

30 January 2020

 

Radiocommunications (Foreign Space Objects) Amendment Determination 2021 (No. 1)

6 April 2021
(see F2021L00422)

7 April 2021

 

Table of Amendments

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

 

Provision affected

How affected

s.2

rep. LA s.48D.

 

s.3

am. 2015.

 

s.4

am. 2015.

 

s.5

am. 2015.

 

s.6

rep. LA s.48C.

 

Schedule 1

am. 2015; am. 2017; am. 2018, am. 2020, am. 2021.

 

Schedule 2

rep. 2015.

 

Schedule 3

am. 2018; am. 2021.