RADIOCOMMUNICATIONS ACT 1983 No. 130, 1983
RADIOCOMMUNICATIONS ACT 1983 No. 130, 1983 - TABLE OF PROVISIONS
TABLE OF PROVISIONS PART I-PRELIMINARY Section 1. Short title 2. Commencement 3. Interpretation 4. Crown to be bound 5. Additional operation of Act in relation to radar, radio astronomy, &c. 6. Application of Act 7. International agreements, &c. 8. Further provision with respect to certain persons PART II-STANDARDS Division 1-Making of, and compliance with, standards 9. Standards 10. Test permits 11. Offences relating to sub-standard devices Division 2-Compliance statements and compliance statement certificates 12. Compliance statements and compliance statement certificates 13. Suspension of compliance statement certificates 14. Cancellation of compliance statement certificates 15. Offences relating to compliance statements, &c. PART III-ADVISORY GUIDELINES 16. Advisory guidelines PART IV-RADIO FREQUENCY PLANNING 17. Interpretation 18. Spectrum plan 19. Frequency band plans 20. Publication and tabling of plans PART V-FREQUENCY RESERVATION CERTIFICATES 21. Frequency reservation certificates PART VI-TRANSMITTER LICENCES AND TEMPORARY PERMITS 22. Interpretation 23. Radiocommunications transmitter not to be operated, &c., without transmitter licence or temporary permit 24. Transmitter licence 25. Conditions to which transmitter licence is subject 26. Authorities under transmitter licences 27. Contravening conditions of transmitter licences 28. Suspension of transmitter licences 29. Cancellation of transmitter licences 30. Notice to holder of authority under sub-section 26 (1) 31. Certificates of proficiency 32. Re-examination of qualified operators 33. Cancellation of certificates of proficiency 34. Certain persons deemed to be qualified operators 35. Temporary permits for non-resident aliens,&c. PART VII-RECEIVER LICENCES 36. Interpretation 37. Receiver not to be operated, &c., without receiver licence 38. Receiver licence PART VIII-RESTRICTED USE ZONES 39. Interpretation 40. Declaration of radiocommunications emergency 41. Orders 42. Guidelines for making orders 43. Offence of contravening an order 44. Orders to prevail over inconsistent laws Back to Top
PART IX-SETTLEMENT OF INTERFERENCE DISPUTES
45. Interpretation 46. Reference of matters to conciliator 47. Functions of conciliator 48. Compulsory conferences 49. Conciliators 50. Remuneration and allowances 51. Offences relating to administration of Part 52. Operation of State and Territory laws 53. Report by Minister PART X-PUBLIC INQUIRIES 54. Interpretation 55. Inquiries by Commissioner 56. Remuneration and allowances 57. Notice of inquiries 58. Procedure at inquiries, &c. 59. Power to administer oath or affirmation 60. Protection of Commissioner and witnesses 61. Contempt 62. Allowances to witnesses 63. Witness not to be prejudiced 64. Report by Minister PART XI-MISCELLANEOUS 65. Offences 66. Delegation 67. Register of test permits, frequency reservation certificates, licencesand temporary permits 68. Identity cards 69. Powers of arrest 70. Search warrants 71. Search warrants may be granted by telephone 72. Searches in emergencies 73. Goods seized under this Act 74. General powers of inspectors 75. Act not to affect performance of duties by inspectors 76. Personation of inspectors 77. Officers and employees of governments and authorities 78. Programs, &c., relating to radiocommunications and other matters 79. Surrender of permits, certificates and licences 80. Forfeiture 81. False statements 82. Prosecution of offences 83. Penalties for corporations 84. Evidentiary certificates 85. Conduct by servants or agents of body corporate 86. Review of decisions 87. Statements to accompany notification of decisions 88. Service of notices 89. Operation of this Act in relation to Broadcasting and Television Act 90. No compensation from Commonwealth 91. Act not to affect performance of State, Northern Territory or Norfolk Island functions 92. Legislation of the Australian Antarctic Territory 93. Regulations
RADIOCOMMUNICATIONS ACT 1983 No. 130, 1983 - SECT. 1.
Short title. other matters (Assented to 22 December 1983) PART I-PRELIMINARY Short title 1. This Act may be cited as the Radiocommunications Act 1983.
RADIOCOMMUNICATIONS ACT 1983 No. 130, 1983 - SECT. 2.
Commencement 2. (1) Subject to sub-section (2), this Act shall come into operation on such date as is fixed by Proclamation.
(2) Paragraphs 11 (1) (a) and (c), sections 23 and 37 and sub-sections 65 (15), (16), (17) and (18) shall come into operation on such date as is fixed by Proclamation, being a date later than the date fixed for the purposes of sub-section (1).
RADIOCOMMUNICATIONS ACT 1983 No. 130, 1983 - SECT. 3.
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3. (1) In this Act, unless the contrary intention appears- ''advisory guideline'' means an advisory guideline made under sub-section 16 (1); ''agreement'' includes a treaty or convention; ''aircraft'' means a machine or apparatus that can derive support in the atmosphere from the reactions of the air or from buoyancy, but does not include an air-cushion vehicle; ''Australia'' includes all the Territories; ''Australian aircraft'' means an aircraft that is in Australian control or is registered in accordance with the Air Navigation Regulations as an Australian aircraft; ''Australian satellite'' means a space satellite that is declared by the regulations to be an Australian satellite for the purposes of this Act; ''Australian vessel'' means a vessel that is in Australian control or- (a) not being an air-cushion vehicle-is an Australian boat within the meaning of the Fisheries Act 1952; or (b) being an air-cushion vehicle-would be an Australian boat within the meaning of that Act if it were a boat within the meaning of that Act; ''authority of a State'' means- (a) a corporation established for a public purpose by or under a law of a State; or (b) any other corporation in which a State, or a corporation referred to in paragraph (a), has a controlling interest; ''authority of the Commonwealth'' means- (a) a corporation established for a public purpose by or under a law of the Commonwealth or of a Territory; or (b) any other corporation in which the Commonwealth, the Administration of a Territory or a corporation referred to in paragraph (a), has a controlling interest; ''broadcasting station'' means so much of a broadcasting station (including a broadcasting translator station) within the meaning of the Broadcasting and Television Act 1942 or the Australian Broadcasting Corporation Act 1983 that consists of a transmitter that is operating for the purpose of the transmission of radio programs to the general public as authorized by or under either of those Acts; ''certificate of proficiency'' means a certificate of proficiency issued under section 31; ''Commissioner'' means a Commissioner appointed under sub-section 55 (5); ''Commonwealth officer'' means- (a) a Minister; or (b) a person who, whether on a full-time or a part-time basis, and whether in a permanent capacity or otherwise- (i) is in the service or employment of the Commonwealth, the Administration of a Territory or an authority of the Commonwealth; or (ii) holds or performs the duties of any office or position established by or under a law of the Commonwealth or a Territory, and, without limiting the generality of paragraph (b), includes- (c) a member of the Defence Force; and (d) a member of the Australian Federal Police or of the police force Back to Top
of a Territory;
''compliance statement'' means a statement authorized by a compliance statement certificate; ''compliance statement certificate'' means a certificate issued under sub-section 12 (1); ''conciliator'' means a person appointed as a conciliator under section 49; ''device'' means- (a) radiosensitive equipment; (b) a radiocommunications transmitter; (c) a transmitter other than a radiocommunications transmitter; or (d) a receiver, but does not include a broadcasting station or a television station; ''environment'' means the physical environment; ''financial corporation'' means a financial corporation to which paragraph 51 (xx) of the Constitution is applicable, and includes a corporation formed within the limits of Australia that carries on as its sole or principal business the business of banking or insurance to which paragraph 51 (xiii) or (xiv) of the Constitution, as the case may be, is applicable; ''foreign aircraft'' means an aircraft other than an Australian aircraft; ''foreign corporation'' means a foreign corporation to which paragraph 51 (xx) of the Constitution is applicable; ''foreign satellite'' means a space satellite other than an Australian satellite; ''foreign vessel'' means a vessel other than an Australian vessel; ''frequency band plan'' means a plan prepared under section 19; ''frequency reservation certificate'' means a certificate granted under section 21; ''have in possession'' includes having under control in any place whatever, whether for the use or benefit of the person of whom the term is used or of another person, and although another person has the actual possession or custody of the thing in question; ''importation'' means importation into Australia; ''in Australian control'' means in the control or possession of one or more of any of the following: (a) the Commonwealth (including an arm of the Defence Force) or a State or Territory; (b) an authority of the Commonwealth; (c) a corporation established for a purpose of a State or Territory by or under a law in force in that State or Territory;