Federal Register of Legislation - Australian Government

Primary content

Regulations as made
These regulations amend the Customs (Prohibited Imports) Regulations 1956 and the Radiocommunications Regulations 1993 to implement legislative and regulatory changes to the spectrum management framework. They also repeal the Radiocommunications (Coordination) Regulations.
Administered by: Home Affairs; Infrastructure, Transport, Regional Development and Communications
Registered 11 Jun 2021
Tabling HistoryDate
Tabled HR15-Jun-2021
Tabled Senate16-Jun-2021
To be repealed 26 Aug 2021
Repealed by Division 1 of Part 3 of Chapter 3 of the Legislation Act 2003
Table of contents.

Commonwealth Coat of Arms of Australia

 

Radiocommunications Legislation Amendment (Reform and Modernisation) Regulations 2021

I, General the Honourable David Hurley AC DSC (Retd), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated 10 June 2021

David Hurley

Governor‑General

By His Excellency’s Command

Paul Fletcher

Minister for Communications, Urban Infrastructure, Cities and the Arts

 

 

 

  

  


Contents

1............ Name............................................................................................................................. 1

2............ Commencement............................................................................................................. 1

3............ Authority....................................................................................................................... 1

4............ Schedules...................................................................................................................... 1

Schedule 1—Amendments                                                                                                                          2

Part 1—Main amendments                                                                                                                   2

Customs (Prohibited Imports) Regulations 1956                                                                            2

Radiocommunications Regulations 1993                                                                                         2

Part 2—Repeals                                                                                                                                          7

Radiocommunications (Coordination) Regulations                                                                       7

 


1  Name

                   This instrument is the Radiocommunications Legislation Amendment (Reform and Modernisation) Regulations 2021.

2  Commencement

             (1)  Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this instrument

At the same time as Schedule 1 to the Radiocommunications Legislation Amendment (Reform and Modernisation) Act 2020 commences.

17 June 2021

Note:          This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

             (2)  Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

                   This instrument is made under the following:

                     (a)  the Customs Act 1901;

                     (b)  the Radiocommunications Act 1992.

4  Schedules

                   Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1Amendments

Part 1Main amendments

Customs (Prohibited Imports) Regulations 1956

1  Schedule 3 (table item 11)

Repeal the item, substitute:

11

Equipment of a kind in relation to which:

(a) an interim ban under subsection 167(1) of the Radiocommunications Act 1992 is in force; or

(b) a permanent ban under subsection 172(1) of the Radiocommunications Act 1992 is in force

The equipment must not be imported by a person unless a determination in force under subsection 27(2) or 302(2) of the Radiocommunications Act 1992 applies in relation to the importation by the person

Radiocommunications Regulations 1993

2  Subregulation 3(1)

Repeal the following definitions:

                     (a)  definition of authorised person;

                     (b)  definition of base station;

                     (c)  definition of cellular mobile repeater;

                     (d)  definition of Chair;

                     (e)  definition of Distress, Urgency, Alarm and Safety Signals;

                      (f)  definition of examination;

                     (g)  definition of facsimile.

3  Subregulation 3(1) (definition of Interpretation Determination)

Repeal the definition, substitute:

Interpretation Determination means a determination, as in force from time to time, made under subsection 64(1) of the Australian Communications and Media Authority Act 2005.

4  Subregulation 3(1)

Repeal the following definitions:

                     (a)  definition of mobile station;

                     (b)  definition of penalty;

                     (c)  definition of public mobile telecommunications service;

                     (d)  definition of SOLAS;

                     (e)  definition of Telecommunication Convention;

                      (f)  definition of telecommunications network.

5  Subregulation 3(1) (note)

Omit “aircraft, certificate, device, inspector, interference, licence, licensee, radiocommunication, transmitter and transmitter licence”, substitute “certificate and licence”.

6  Subregulation 3(2) (note)

Repeal the note.

7  Regulation 6

Repeal the regulation, substitute:

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

             (1)  For the purposes of subsection 26(1) of the Act, a function or duty of a member of the Defence Force, or an officer of the Defence Department, mentioned in column 1 of an item of the following table is taken to be a function or duty that relates to a matter mentioned in column 2 of that item.

 

Item

Column 1

Function or duty

Column 2

Matter

1

Function or duty relating to the control, operation or use of:

(a) the Defence Force or any part of the Defence Force; or

(b) the military, or any part of the military, of a foreign country acting in co‑operation with the Defence Force

Military command and control

2

Function or duty relating to the collection, analysis or dissemination of information for a purpose relating to the defence or security of:

(a) Australia; or

(b) a foreign country whose military is acting in co‑operation with the Defence Force

Intelligence

3

Function or duty relating to the control or operation of any system, equipment, weapon or thing intended for use in operations or activities of:

(a) the Defence Force; or

(b) the military of a foreign country acting in co‑operation with the Defence Force

Weapons systems

4

Function or duty relating to actions or procedures intended to ensure the safe conduct of operations or activities by:

(a) the Defence Force; or

(b) the military of a foreign country acting in co‑operation with the Defence Force

Safety

5

Function or duty relating to actions or procedures intended for the security of:

(a) persons, information, equipment, assets or premises; or

(b) operations or activities of:

(i) the Defence Force; or

(ii) the military of a foreign country acting in co‑operation with the Defence Force

Security

             (2)  For the purposes of subsection 26(1A) of the Act, a function or duty of a member of a visiting force, or a member of a civilian component of a visiting force, mentioned in column 1 of an item of the following table is taken to be a function or duty that relates to a matter mentioned in column 2 of that item.

 

Item

Column 1

Function or duty

Column 2

Matter

1

Function or duty relating to the control, operation or use of:

(a) the Defence Force or any part of the Defence Force; or

(b) the military, or any part of the military, of a foreign country acting in co‑operation with the Defence Force

Military command and control

2

Function or duty relating to the collection, analysis, or dissemination of information for a purpose relating to the defence, security or international relations of:

(a) Australia; or

(b) a foreign country whose military is acting in co‑operation with the Defence Force

Intelligence

3

Function or duty relating to the control or operation of any system, equipment, weapon or thing intended for use in operations or activities of:

(a) the Defence Force; or

(b) the military of a foreign country acting in co‑operation with the Defence Force

Weapons systems

4

Function or duty relating to actions or procedures intended to ensure the safe conduct of operations or activities by:

(a) the Defence Force; or

(b) the military of a foreign country acting in co‑operation with the Defence Force

Safety

5

Function or duty relating to actions or procedures intended for the security of:

(a) persons, information, equipment, assets or premises; or

(b) operations or activities of:

(i) the Defence Force; or

(ii) the military of a foreign country acting in co‑operation with the Defence Force

Security

             (3)  For the purposes of subsection 26(1B) of the Act, a function or duty of an authorised defence supplier mentioned in column 1 of an item of the following table is taken to be a function or duty that relates to a matter mentioned in column 2 of that item.

Item

Column 1

Function or duty

Column 2

Matter

1

Function or duty relating to the supply of goods or services to the Defence Force or the Defence Department relating to the control, operation or use of:

(a) the Defence Force or any part of the Defence Force; or

(b) the military, or any part of the military, of a foreign country acting in co‑operation with the Defence Force

Military command and control

2

Function or duty relating to the supply of goods or services to the Defence Force or the Defence Department relating to the collection, analysis or dissemination of information for a purpose relating to the defence or security of:

(a) Australia; or

(b) a foreign country whose military is acting in co‑operation with the Defence Force

Intelligence

3

Function or duty relating to the supply of goods or services to the Defence Force or the Defence Department relating to the control or operation of any system, equipment, weapon or thing intended for use in operations or activities of:

(a) the Defence Force; or

(b) the military of a foreign country acting in co‑operation with the Defence Force

Weapons systems

4

Function or duty relating to the supply of goods or services to the Defence Force or the Defence Department relating to actions or procedures intended to ensure the safe conduct of operations or activities by:

(a) the Defence Force; or

(b) the military of a foreign country acting in co‑operation with the Defence Force

Safety

5

Function or duty relating to the supply of goods or services to the Defence Force or the Defence Department relating to actions or procedures intended for the security of:

(a) persons, information, equipment, assets or premises; or

(b) operations or activities of:

(i) the Defence Force; or

(ii) the military of a foreign country acting in co‑operation with the Defence Force

Security

8  Part 3 (heading)

Repeal the heading.

9  Division 1 of Part 3 (heading)

Repeal the heading.

10  Division 2 of Part 3 (heading)

Repeal the heading.

11  Parts 4 and 5

Repeal the Parts.

12  Regulations 32A, 33, 36, 38A, 38B, 40, 42 and 45

Repeal the regulations.

13  After Part 6

Insert:

Part 7Application and transitional provisions

  

42  Transitional—appointment of authorised persons

                   Despite the repeal of regulation 42 by the Radiocommunications Legislation Amendment (Reform and Modernisation) Regulations 2021, an appointment made under that regulation that is in force immediately before the commencement of Schedule 1 to that instrument continues to have effect, on and after that commencement, as if that repeal had not happened.

14  Schedules 1 and 4

Repeal the Schedules.

Part 2Repeals

Radiocommunications (Coordination) Regulations

15  The whole of the instrument

Repeal the instrument.