Commonwealth: Radiocommunications Amendment Act 2010 (Cth)

Radiocommunications Amendment Act 2010 No. 146, 2010 An Act to amend the Radiocommunications Act 1992, and for related purposes Contents 1 Short title 2 Commencement 3 Schedule(s) Schedule 1—Amendments Radiocommunications Act 1992 Radiocommunications Amendment Act 2010 No. 146, 2010 An Act to amend the Radiocommunications Act 1992, and for related purposes [Assented to 16 December 2010] The Parliament of Australia enacts: 1 Short title This Act may be cited as the Radiocommunications Amendment Act 2010. 2 Commencement This Act commences on the day after this Act receives the Royal Assent. 3 Schedule(s) Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms. Schedule 1—Amendments Radiocommunications Act 1992 1 Paragraph 78(a) Repeal the paragraph, substitute: (a) states where information may be obtained about: (i) the spectrum licences that will expire during a period specified in the notice; and (ii) the parts of the spectrum to which they relate; and 2 Subsection 79(1) Omit "during the period of 2 years". 3 Subsection 82(3) Omit "licenses", substitute "licences". 4 Subsection 82(4) Repeal the subsection, substitute: (4) A determination is a legislative instrument, but section 42 (disallowance) of the Legislative Instruments Act 2003 does not apply to the determination. 5 After subsection 136(1) Insert: (1A) In addition to subsection (1), if the variation of a class licence would affect the spectrum allocated, to be allocated or to be re‑allocated by issuing or re‑issuing spectrum licences, before varying the class licence: (a) the ACMA must be satisfied that: (i) the variation of the class licence would not result in unacceptable levels of interference to the operation of radiocommunications devices operated, or likely to be operated, under spectrum licences; and (ii) the variation of the class licence would be in the public interest; and (b) the ACMA must consult all licensees of spectrum licences who may be affected by the proposed variation of the class licence. 6 Subsection 136(5) After "subsection (1)", insert ", (1A)". 7 Section 138 Repeal the section, substitute: 138 Parts of the spectrum allocated for spectrum licences (1) The ACMA must not issue a class licence that authorises the operation of radiocommunications devices at frequencies that are within a part of the spectrum that is: (a) designated under section 36 to be allocated by issuing spectrum licences; or (b) specified in a spectrum re‑allocation declaration that gives effect to paragraph 153B(6)(a); unless subsection (2) is satisfied. (2) Before issuing a class licence: (a) the ACMA must be satisfied that: (i) issuing the class licence would not result in unacceptable levels of interference to the operation of radiocommunications devices operated, or likely to be operated, under spectrum licences; and (ii) issuing the class licence would be in the public interest; and (b) the ACMA must consult all licensees of spectrum licences who may be affected by the proposed class licence. 8 Paragraph 294(1)(a) Omit "licenses", substitute "licences". 9 At the end of subsection 294(3) Add: ; or (d) a spectrum access charge reflect the amount that the Minister considers to be the value of the spectrum. 10 Subsection 294(5) Repeal the subsection, substitute: (5) A direction made under subsection (2) is not a legislative instrument. 11 Application (1) The amendment made by item 1 applies to a notice published in the Gazette on or after the day this item commences. (2) The amendment made by item 4 applies to a determination made by the Minister on or after the day this item commences. (3) The amendment made by item 7 applies: (a) in respect of spectrum for which a spectrum licence is not in force on the day this item commences—to the issue of a class licence on or after the day this item commences; and (b) in respect of spectrum for which a spectrum licence is in force on the day this item commences—to the issue of a class licence: (i) after the day the spectrum licence expires; or (ii) on or after the day the spectrum licence is re‑issued. (4) The amendment made by item 9 applies in relation to a direction made on or after the day this item commences. (5) The amendment made by item 10 applies to a direction made on or after the day this item commences. [Minister's second reading speech made in— House of Representatives on 30 September 2010 Senate on 15 November 2010] (177/10)