Radiocommunications (Transitional
Provisions and Consequential
Amendments) Act 1992
No. 167, 1992 as amended
Compilation start date: 17 October 2014
Includes amendments up to: Act No. 109, 2014
Prepared by the Office of Parliamentary Counsel, Canberra
About this compilation
This compilation
This is a compilation of the Radiocommunications (Transitional Provisions and
Consequential Amendments) Act 1992 as in force on 17 October 2014. It includes
any commenced amendment affecting the legislation to that date.
This compilation was prepared on 29 October 2014.
The notes at the end of this compilation (the endnotes) include information about
amending laws and the amendment history of each amended provision.
Uncommenced amendments
The effect of uncommenced amendments is not reflected in the text of the
compiled law but the text of the amendments is included in the endnotes.
Application, saving and transitional provisions for provisions and
amendments
If the operation of a provision or amendment is affected by an application, saving
or transitional provision that is not included in this compilation, details are
included in the endnotes.
Modifications
If a provision of the compiled law is affected by a modification that is in force,
details are included in the endnotes.
Provisions ceasing to have effect
If a provision of the compiled law has expired or otherwise ceased to have effect
in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1—Preliminary 1 1 Short title ...........................................................................................1
2 Commencement.................................................................................1
Part 2—Transitional provisions 2 3 Interpretation .....................................................................................2
4 Saving of instruments under the old Act............................................2
5 Instruments subject to suspension......................................................4
6 Authorities under transmitter licences ...............................................5
7 Frequency reservation certificates .....................................................5
11 Regulations under the Radiocommunications Act.............................6
Part 3—Repeal and consequential amendments 7 14 Consequential amendments of Acts...................................................7
Endnotes 8
Endnote 1—About the endnotes 8
Endnote 2—Abbreviation key 10
Endnote 3—Legislation history 11
Endnote 4—Amendment history 12
Endnote 5—Uncommenced amendments [none] 13
Endnote 6—Modifications [none] 13
Endnote 7—Misdescribed amendments [none] 13
Endnote 8—Miscellaneous [none] 13
Radiocommunications (Transitional Provisions and Consequential
Amendments) Act 1992
i
Preliminary Part 1
Section 1
An Act to repeal the Radiocommunications Act 1983
and certain related Acts, and to make transitional
provisions and certain amendments consequential
upon the enactment of the Radiocommunications Act
1992
Part 1—Preliminary
1 Short title
This Act may be cited as the Radiocommunications (Transitional
Provisions and Consequential Amendments) Act 1992.
2 Commencement
This Act commences on 1 July 1993.
Radiocommunications (Transitional Provisions and Consequential
Amendments) Act 1992
1
Part 2 Transitional provisions
Section 3
Part 2—Transitional provisions
3 Interpretation
(1) In this Part, unless the contrary intention appears:
old Act means the Radiocommunications Act 1983.
new Act means the Radiocommunications Act 1992.
(2) Subject to subsection (3), terms and expressions used in this Part
have the same meaning as they have in the new Act.
(3) Terms and expressions used in this Part that relate to the old Act or
anything done under the old Act have the same meaning as they
have in the old Act.
4 Saving of instruments under the old Act
Subject to section 5, if an instrument is made by the Minister that:
(a) is an instrument of a kind referred to in column 2 of the
following table; and
(b) was in force immediately before the commencement of this
Act;
then the instrument:
(c) continues in force immediately after that commencement as if,
at the time it had been made, it had been made, in the same
terms, by the SMA as an instrument of the kind referred to in
the corresponding item in column 3 of the following table; and
(d) is taken, for all purposes, to have been issued by the SMA as
such an instrument.
Radiocommunications (Transitional Provisions and Consequential
Amendments) Act 1992
2
Transitional provisions Part 2
Section 4
TABLE
Column 1 Column 2 Column 3
Item No. Instrument made under Instrument made under
the old Act the new Act
1. Appointment of a person under
paragraph 3(5)(a) or (b) to be an
inspector.
Appointment of a person under
paragraph 267(1)(a) or (b) to be
an inspector.
2. A standard made under A standard made under
subsection 9(1). section 162.
3. A test permit granted under
section 10.
A permit issued under
section 167.
4. A permission given under
subparagraph 11(2)(b)(i).
A permission given under
subsection 174(1).
5. A compliance statement
certificate issued under
A compliance certificate issued
under section 184.
subsection 12(1).
6. An advisory guideline made
under subsection 16(1).
An advisory guideline made under
section 262.
7. An assignment of a part of the
spectrum to the ABA under
subsection 18(3).
A referral of that part of the
spectrum to the ABA under
section 31.
8. A frequency band plan prepared
under section 19.
A frequency band plan prepared
under section 32.
9. A transmitter licence granted
under section 24.
A transmitter licence issued under
section 100.
10. A transmitter licence granted
under section 24B.
A transmitter licence issued under
section 102.
11. A certificate of proficiency
issued under section 31.
A certificate of proficiency issued
under section 121.
12. An approval of an examination
under subsection 31(4).
An approval of an examination
under section 122.
13. A declaration, under
subsection 31(4), of a prescribed
age for the purposes of section 31
in relation to a class of
A declaration, under
subsection 122(2), of a minimum
age for the purposes of
section 122 in relation to that class
certificates of proficiency. of certificates of proficiency.
Radiocommunications (Transitional Provisions and Consequential
Amendments) Act 1992
3
Part 2 Transitional provisions
Section 5
TABLE
Column 1
Item No.
Column 2
Instrument made under
the old Act
Column 3
Instrument made under
the new Act
14. A notice under subsection 32(1). A request under
subsection 123(1).
15. A temporary permit granted
under section 35.
A transmitter licence issued under
section 100.
16. A receiver licence granted under
section 38.
A receiver licence issued under
section 100.
17. A declaration of a period of
emergency under section 40.
A declaration of a period of
emergency under section 219.
18. An order made under section 41. A restrictive order made under
section 222.
19. Guidelines made under
section 42.
Guidelines made under
section 230.
20. A permission given under
paragraph 65(5)(a).
A permission given under
subsection 193(1).
21. A permission given under
paragraph 65(12)(a).
A permission given under
subsection 195(1).
22. A declaration under section 66A
in relation to a device.
A declaration under
subsection 190(1) in relation to
the device.
23. An identity card issued under
section 68.
An identity card issued under
section 268.
24. A determination of a price-based
allocation system under
section 92A.
A determination of a price-based
allocation system under
section 106.
5 Instruments subject to suspension
If, immediately before the commencement of this Act:
(a) a compliance statement certificate issued under section 12 of
the old Act is the subject of suspension under section 13 of the
old Act; or
Radiocommunications (Transitional Provisions and Consequential
Amendments) Act 1992
4
Transitional provisions Part 2
Section 6
(b) a transmitter licence granted under section 24 or 24B of the
old Act is the subject of suspension under section 28 of the old
Act;
section 4 of this Act does not apply to the certificate or licence until
the suspension ceases to have effect (otherwise than because of the
expiry or cancellation of the certificate or licence).
6 Authorities under transmitter licences
An authority given by a person, under section 26 of the old Act, that
was in force immediately before the commencement of this Act
continues in force immediately after that commencement as if it had
been an authorisation given by that person under section 114 of the
new Act.
7 Frequency reservation certificates
(1) Subject to subsection (4), despite the repeal of the old Act by
section 13 of this Act, a frequency reservation certificate granted
under section 21 of the old Act that was in force immediately before
the commencement of this Act remains in force after that
commencement for the period for which it would have remained in
force if the old Act were not repealed.
(2) If an unallocated frequency is reserved in the name of a person in
accordance with a frequency reservation certificate in force under
subsection (1), the SMA must not issue to a person other than that
person a permit or transmitter licence authorising the operation of a
transmitter in a manner inconsistent with that reservation.
(3) For the purposes of subsection (2), issuing a permit or transmitter
licence that authorises the operation of a transmitter for a period not
exceeding 14 days is taken to be not inconsistent with a reservation.
(4) The SMA has the same power to cancel a frequency reservation
certificate to which subsection (1) applies as the Minister had,
immediately before the commencement of this Act, to cancel
frequency reservation certificates.
Radiocommunications (Transitional Provisions and Consequential
Amendments) Act 1992
5
Part 2 Transitional provisions
Section 11
11 Regulations under the Radiocommunications Act
(1) Subject to subsection (3), any regulations made under the old Act
and in force immediately before the commencement of this Act
continue in force as if made under the new Act.
(2) A reference in a regulation so continued in force to a provision of the
old Act is taken to be a reference to the corresponding provision in
the new Act.
(3) This section does not apply to a regulation the making of which
would not be authorised by the new Act.
Radiocommunications (Transitional Provisions and Consequential
Amendments) Act 1992
6
Repeal and consequential amendments Part 3
Section 14
Part 3—Repeal and consequential amendments
14 Consequential amendments of Acts
(2) References in subsection 362(4) of the Commonwealth Electoral
Act 1918 as amended by this Act, and in section 108A of the
Referendum (Machinery Provisions) Act 1984 as so amended, to
contraventions of the Radiocommunications Act 1992 are taken to
include references to contraventions of the Radiocommunications
Act 1983 that took place before the commencement of this Act.
(3) Without limiting the application of section 4 of this Act:
(a) a reference in subparagraphs 91(a)(iii) and (c)(iii) of the
Copyright Act 1968, as amended by this Act, to a transmitter
licence issued under the Radiocommunications Act 1992;
is taken to include:
(b) a reference to a transmitter licence or a temporary permit that,
although not in force immediately before the commencement
of this Act, was in force at the time when the broadcast in
question was made.
Radiocommunications (Transitional Provisions and Consequential
Amendments) Act 1992
7
Endnotes
Endnote 1—About the endnotes
Endnotes
Endnote 1—About the endnotes
The endnotes provide details of the history of this legislation and its provisions.
The following endnotes are included in each compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Endnote 5—Uncommenced amendments
Endnote 6—Modifications
Endnote 7—Misdescribed amendments
Endnote 8—Miscellaneous
If there is no information under a particular endnote, the word ―none‖ will appear
in square brackets after the endnote heading.
Abbreviation key—Endnote 2
The abbreviation key in this endnote sets out abbreviations that may be used in
the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has
amended the compiled law. The information includes commencement
information for amending laws and details of application, saving or transitional
provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at
the provision level. It also includes information about any provisions that have
expired or otherwise ceased to have effect in accordance with a provision of the
compiled law.
Uncommenced amendments—Endnote 5
The effect of uncommenced amendments is not reflected in the text of the
compiled law but the text of the amendments is included in endnote 5.
Radiocommunications (Transitional Provisions and Consequential
Amendments) Act 1992
8
Endnotes
Endnote 1—About the endnotes
Modifications—Endnote 6
If the compiled law is affected by a modification that is in force, details of the
modification are included in endnote 6.
Misdescribed amendments—Endnote 7
An amendment is a misdescribed amendment if the effect of the amendment
cannot be incorporated into the text of the compilation. Any misdescribed
amendment is included in endnote 7.
Miscellaneous—Endnote 8
Endnote 8 includes any additional information that may be helpful for a reader of
the compilation.
Radiocommunications (Transitional Provisions and Consequential
Amendments) Act 1992
9
Endnotes
Endnote 2—Abbreviation key
Endnote 2—Abbreviation key
ad = added or inserted pres = present
am = amended prev = previous
c = clause(s) (prev) = previously
Ch = Chapter(s) Pt = Part(s)
def = definition(s) r = regulation(s)/rule(s)
Dict = Dictionary Reg = Regulation/Regulations
disallowed = disallowed by Parliament reloc = relocated
Div = Division(s) renum = renumbered
exp = expired or ceased to have effect rep = repealed
hdg = heading(s) rs = repealed and substituted
LI = Legislative Instrument s = section(s)
LIA = Legislative Instruments Act 2003 Sch = Schedule(s)
mod = modified/modification Sdiv = Subdivision(s)
No = Number(s) SLI = Select Legislative Instrument
o = order(s) SR = Statutory Rules
Ord = Ordinance Sub-Ch = Sub-Chapter(s)
orig = original SubPt = Subpart(s)
par = paragraph(s)/subparagraph(s)
/sub-subparagraph(s)
Radiocommunications (Transitional Provisions and Consequential
Amendments) Act 1992
10
Endnotes
Endnote 3—Legislation history
Endnote 3—Legislation history
Act Number
and year
Assent Commencement Application,
saving and
transitional
provisions
Radiocommunications
(Transitional Provisions
and Consequential
Amendments) Act 1992
167, 1992 11 Dec
1992
1 July 1993 (s 2)
Omnibus Repeal Day
(Autumn 2014) Act 2014
109, 2014 16 Oct
2014
Sch 2 (items 190–192):
17 Oct 2014 (s 2(1)
item 2)
—
Radiocommunications (Transitional Provisions and Consequential
Amendments) Act 1992
11
Endnotes
Endnote 4—Amendment history
Endnote 4—Amendment history
Provision affected How affected
Pt 2
s 8 ..................................................rep No 109, 2014
s 9 ..................................................rep No 109, 2014
s 10 ................................................rep No 109, 2014
s 12 ................................................rep No 109, 2014
Pt 3
s 13 ................................................rep No 109, 2014
s 14 ................................................am No 109, 2014
Schedule ........................................rep No 109, 2014
Radiocommunications (Transitional Provisions and Consequential
Amendments) Act 1992
12
Endnotes
Endnote 5—Uncommenced amendments [none]
Endnote 5—Uncommenced amendments [none]
Endnote 6—Modifications [none]
Endnote 7—Misdescribed amendments [none]
Endnote 8—Miscellaneous [none]
Radiocommunications (Transitional Provisions and Consequential
Amendments) Act 1992
13