Radiocommunications Amendment Act 2006

1: Title
This Act is the Radiocommunications Amendment Act 2006.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Radiocommunications Act 1989
4: Purpose
The purpose of this Act is to amend the principal Act to—
a: provide that radio engineers and others considering questions of interference and technical compatibility should not have regard to the reception of radio waves by inappropriate receivers:
b: facilitate the allocation of management rights by enabling the aggregation of future rights with existing rights if an existing manager acquires future rights:
c: allow parties who both hold radio licences to use the dispute resolution process in Part 12
d: allow radio licences to be allocated other than by competitive tender or auction:
e: make miscellaneous amendments.
5: Interpretation
1: Section 2(1) Court Registrar current management rights section 47A(1) .
2: Section 2(1) harmful interference inappropriate receiver section 134(1B) .
3: Section 2(1) infringement offence infringement offence
a: an offence under section 24A
b: an offence prescribed as an infringement offence in regulations made under section 134(1)(ja) .
4: Section 2(1) interference interference
a: means the effect of radio waves owing to 1 or more emissions, radiations, or inductions, or any combination of 1 or more of those things, on the reception of radiocommunications; but
b: does not include any effect on the reception of radiocommunications by inappropriate receivers .
5: Section 2(1) record of management rights record of management rights
a: means a record of management rights constituted under section 10(2)
b: includes a record of management rights created under section 45, 47, or 47B .
6: Section 2(1) Secretary Secretary .
7: Section 2(1) spectrum licence successive management rights section 47A(1) .
6: New section 6A inserted
The following section is inserted after section 6
6A: Documents to be received in evidence
Every document purporting to be signed or issued by the Registrar, or by an employee employed to assist the Registrar in the exercise of the Registrar's functions under this Act, must be received in evidence, and must, in the absence of proof to the contrary, be deemed to be signed or issued by or under the direction of the Registrar.
7: Variation of conditions in record of management rights
1: Section 11B(1) spectrum that apply to
2: Section 11B(4) spectrum applies to a
8: Application for correction of Register
Section 23 subsection (1)
1: Every person who presents an instrument for registration under section 16 section 17(b)
9: Correction of Register
1: Section 24 subsection (2)
2: The Registrar may, of the Registrar's own motion, correct the Register (recording on the Register the nature of the correction and the time at which the correction was made) if the Registrar is satisfied that the Register—
a: does not record accurately the particulars set out in an instrument to which an entry in the Register relates; or
b: requires updating because a rightholder or manager or holder of a radio licence has changed that person's name or address, or because a name or address is wrongly entered in the Register; or
c: is incorrect for any other reason.
2A: Subsection (2) section 23
2: Section 24(4)
10: New section 24A inserted
The following section is inserted after section 24
24A: Duty to notify change of name or address
1: If a rightholder or manager or holder of a radio licence changes that person's name or address, that person must, within 1 month after the change, notify the Registrar of the person's new name or address.
2: A breach of subsection (1)
11: New section 25A inserted
The following section is inserted after section 25
25A: Matters relevant to radio engineer's certificate under section 25
A radio engineer issuing a certificate under section 25
a: must, before issuing the certificate, have regard to—
i: the nature and characteristics of the rights described in the spectrum licence; and
ii: the International Radio Regulations; and
iii: the ITU-R reports and recommendations; and
iv: Annex 10 to the Convention on International Civil Aviation; and
v: the International Convention for the Safety of Life at Sea; and
vi: the nature of the service proposed to be operated under the spectrum licence; and
vii: any relevant reference standards issued by the Secretary; but
b: must not, in considering whether to issue the certificate, have regard to the reception of radio waves by inappropriate receivers.
12: Content of record of management rights
1: Section 34(e) subparagraph (iii)
iii: in the case of a record of management rights that is created under section 47(1) section 46
iv: in the case of a record of management rights that is created under section 47B(1) section 47A .
2: Section 34(ea) spectrum applies to the
3: Section 34(f) subparagraph (iii)
iii: in the case of a record of management rights that is created under section 47(1) section 46
iv: in the case of a record of management rights that is created under section 47B(1) section 47A .
4: Section 34(g)(i) 20 years commencing on the date on which the record of management rights is so recorded 20 years from the commencement date of the record of management rights
5: Section 34(g) subparagraph (iii)
iii: in the case of a record of management rights that is created under section 47(1) section 46
iv: in the case of a record of management rights that is created under section 47B(1) section 47A .
13: Power floors applying after creation of records of management rights under section 45(1) or 47(1)
1: The heading to section 34C section 45(1) or 47(1) section 45(1), 47(1), or 47B(1)
2: Section 34C subsection (2)
2: If, under section 46(1) or section 47A(3) section 47(1) or section 47B(1)
14: Protection limit applying after creation of records of management rights under section 45(1) or section 47(1)
1: The heading to section 37 section 45(1) or section 47(1) section 45(1), 47(1), or 47B(1)
2: Section 37 subsection (2)
2: If, under section 46(1) or section 47A(3) section 47(1) or section 47B(1)
15: Adjacent frequencies emission limits applying after creation of records of management rights under section 45(1) or section 47(1)
1: The heading to section 41 section 45(1) or section 47(1) section 45(1), 47(1), or 47B(1)
2: Section 41 subsection (2)
2: If, under section 46(1) or section 47A(3) section 47(1) or section 47B(1)
16: Heading to Part 5 amended
The heading to Part 5 and aggregations Transfers
17: New section 44 substituted
Section 44
44: Record of management rights to be cancelled on transfer of part of range of frequencies
1: If a notice of transfer purports to transfer the management rights in respect of part only of the range of frequencies specified in a record of management rights, the Registrar must record on the record of management rights that the record of management rights is cancelled.
2: The recording of the cancellation under subsection (1)
18: New records of management rights to be created for portion transferred and for balance
Section 45(2)(b) with within
19: Aggregation of management rights
The heading to section 46 with common boundary
20: New record of management rights to be created for all rights to which request relates
The heading to section 47 under section 46 request
21: New sections 47A and 47B inserted
The following sections are inserted after section 47
47A: Aggregation of current and successive management rights
1: This section applies to a manager if—
a: the manager has management rights that expire in less than 5 years' time (the current management rights
b: the manager is also the manager of subsequent management rights created in relation to the same range of frequencies as the current management rights (the successive management rights
c: the records of management rights of both the current management rights and the successive management rights have—
i: the same power floors; and
ii: the same protection limits; and
iii: the same adjacent frequencies emission limits; and
iv: spectrum licences relating to the same range of frequencies, with the same conditions applying to those spectrum licences; and
d: the commencement date of the record of management rights relating to the successive management rights is no more than 1 day after the expiry date applying to the record of management rights relating to the current management rights.
2: A manager to whom this section applies may request that the Registrar cancel the records of management rights of both the current management rights and the successive management rights, and create 1 record of management rights relating to the range of frequencies concerned.
3: If, upon receipt of a request under subsection (2) subsection (1)
47B: New record of management rights to be created for all rights to which request under section 47A relates
1: The Registrar, upon cancelling any records of management rights under section 47A
2: The Registrar must record on every record of management rights created under subsection (1)
22: New section 57E inserted
The following section is inserted after section 57D
57E: Matters relevant to radio engineer's certificate under section 57D
A radio engineer issuing a certificate under section 57D
a: must, before issuing the certificate, have regard to—
i: the nature and characteristics of the rights described in the spectrum licence; and
ii: the International Radio Regulations; and
iii: the ITU-R reports and recommendations; and
iv: Annex 10 to the Convention on International Civil Aviation; and
v: the International Convention for the Safety of Life at Sea; and
vi: the nature of the service proposed to be operated under the spectrum licence; and
vii: any relevant reference standards issued by the Secretary; but
b: must not, in considering whether to issue the certificate, have regard to the reception of radio waves by inappropriate receivers.
23: Section 72A repealed
Section 72A
24: Caveat against dealing with radio frequencies
Section 89(1)(b)(ii) spectrum licence
25: Notice of harmful interference
1: Section 108(2)(a) subsections (3) to (7) subsections (5) to (7)
2: Section 108 subsection (2)
2A: The claimant may, after the expiry of 10 working days from the date when the matter was referred to the Secretary under subsection (2) section 109
a: the action specified in the notice given under subsection (1)
b: the claimant continues to believe that the respondent's transmissions have caused or contributed to, or are causing or contributing to, harmful interference in the protection area of the claimant, and that the action that is specified in the notice is justified; and
c: the claimant, the respondent, and the Secretary have not agreed on a method of reaching an agreement to deal with the harmful interference or to refer the matter to arbitration.
2B: Despite subsection (2)(a) subsection (2A), sections 109 to 109C
26: Reference to arbitration by Secretary
Section 109(1) section 108(6) or (7) section 108(2A), (6), or (7)
27: Matters relevant to arbitration
Section 109A subsection (1)
1: Article 28(4) of Schedule 1 of the Arbitration Act 1996 section 108(5)(d) or section 109
a: the costs and effects of possible alternative solutions; and
b: the technical compatibility between the claimant's receiver and the respondent's transmitter as determined by—
i: the nature and characteristics of the rights described in the licences concerned; and
ii: the International Radio Regulations; and
iii: the ITU-R reports and recommendations; and
iv: Annex 10 to the Convention on International Civil Aviation; and
v: the International Convention for the Safety of Life at Sea; and
vi: the nature of the service operated or proposed to be operated under any licences concerned; and
vii: any relevant reference standards issued by the Secretary; and
c: which of the licences held by the parties to the dispute was registered or granted first; and
d: the desirability of minimising disruption to existing services; and
e: the terms of the licences concerned; and
f: any other matters prescribed by regulations made under this Act or that the arbitral tribunal considers relevant.
1A: The arbitral tribunal must not have regard to the reception of radio waves by inappropriate receivers.
28: Regulations
1: Section 116(1) paragraphs (a) (b)
a: providing for the making of applications for, and the granting of, radio licences granting to holders the right to transmit radio waves on specified frequencies; and providing for the terms and conditions subject to which radio licences may be granted, amended, transferred, suspended, or revoked (including the amending of those terms and conditions):
b: providing for the making of applications for, and the granting of, general user radio licences granting to every person the right to transmit radio waves on any frequency specified in the licence; and providing for the terms and conditions subject to which general user radio licences may be granted, amended, transferred, suspended, or revoked (including the amending of those terms and conditions): .
2: Section 116(1) paragraphs (e) (f)
e: providing for the allocation of radio licences by competitive tender, auction, or by any other means, and for the payment of consideration to the Crown for the allocation:
f: providing for the making of applications for, and the granting of, radio licences, providing for the protection from harmful interference from co-channel emissions; and providing for the terms and conditions subject to which radio licences may be granted, amended, transferred, suspended, or revoked (including the amending of those terms and conditions): .
29: Commission of infringement offence
Section 128A(a) section 128
30: Regulations
1: Section 134(1) paragraph (e)
e: providing for examinations to determine the competence of persons wishing to operate radio apparatus and prescribing fees in respect of those examinations; and providing for the issue, revocation, or suspension of certificates of competency in respect of any operations, and for the authorisation by the Secretary of—
i: persons to conduct the examinations; and
ii: persons to issue certificates; and
iii: the content of the examinations; and
iv: the conduct of the examinations: .
2: Section 134(1) paragraph (jb)
jb: prescribing the infringement fee (not exceeding $2,000) for each infringement offence: .
3: Section 134 subsection (1)
1A: Different fees and different forms may be prescribed for different infringement offences.
1B: The Governor-General may, by Order in Council, in accordance with a recommendation of the Minister, make regulations declaring receivers of any kind to be inappropriate receivers for the purposes of this Act.
1C: The Minister may only make a recommendation under subsection (1B)
31: New section 134AA inserted
The following section is inserted after section 134
134AA: Secretary may prescribe forms
1: The Secretary by notice in the Gazette
2: Different forms may be prescribed for different infringement offences.
32: Recovery of fees
Section 136
3: If a rightholder does not pay any fee relating to a spectrum licence in accordance with regulations made under this Act in full within 6 months of the date the fee is due,—
a: the manager of the management rights to which the spectrum licence relates is jointly and severally liable with the rightholder for payment of the unpaid fees; and
b: regardless of whether or not the spectrum licence may be cancelled by the manager alone, and independently of any right of the manager to cancel the licence in accordance with section 57A or 57B
4: Every notice presented under subsection (3)
5: The notice must specify—
a: that the spectrum licence is cancelled; and
b: the date from which the cancellation is to apply. Consequential amendments
33: Transitional rights of other licenceholders under Part 13
Section 173(2) radio spectrum licence radio licence
34: Conditions to lapse if public funding ceases
Section 176(1)(a) or licence or spectrum licence
35: Grant of radio licence
Regulation 8(3) Radiocommunications Regulations 2001 paragraph (a)
a: the name and address of the licensee; and .