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Radiocommunications (Licensing and General) Regulations (Amendment)

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Statutory Rules 1992   No. 3091
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Radiocommunications (Licensing and General) Regulations2 (Amendment)
I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Radiocommunications Act 1983.
         Dated 30 September 1992.
 
                                                                                     BILL HAYDEN
                                                                                    Governor-General
         By His Excellency’s Command,
 
 
R. KELLY
Minister of State for the Arts, Sport, the Environment
and Territories for and on behalf of the
Minister of State for Transport and Communications
____________
1.   Commencement
1.1   These Regulations commence on 5 October 1992.
2.   Amendment
2.1   The Radiocommunications (Licensing and General) Regulations are amended as set out in these Regulations.
3.   Regulation 2 (Interpretation)
3.1     Subregulation 2(1) (definition of “ancillary communications service network”):
Omit the definition, substitute:
“‘ancillary communications service’ means a service provided:
              (a)   by a network of stations that is used for the simultaneous transmission or retransmission of:
                           (i)   a secondary radiocommunications service; or
                          (ii)   a secondary broadcasting service,
other than a commercial broadcasting service or a community broadcasting service within the meaning of the Broadcasting Services Act 1992; and
              (b)   by means of the main carrier signal of a primary radio or television broadcasting service; and
              (c)   under a transmitter licence of any class granted at any time;”.
3.2     Subregulation 2(1) (definition of “AUSSAT receive-only station”):
Omit “, 22A”:
3.3     Subregulation 2(5) insert:
After “section 24” insert “, 24B”.
4.   Regulation 5B (Prescribed period for transmitter licences)
4.1     Paragraphs 5B(3)(a) and (b):
Omit the paragraphs, substitute:
          “(a)    an earth station, Australian satellite service licence;”.
4.2     Add at the end:
            “(5)   For the purposes of paragraph 24(5)(b) of the Act, the periods prescribed for the following categories of licence are:
              (a)   a broadcasting service transmitter (national broadcasting service) licence—5 years; and
              (b)   a broadcasting service transmitter (re-transmission) licence—5 years.”.
5.   Schedule 1
5.1     Items 10A and 10B:
Omit the items.
 
5.2     After Item 17, insert:
“17A
Broadcasting service transmitter
(broadcasting services bands)
A transmitter used to transmit a broadcasting service in accordance with a licence allocated under Part 4 or 6 of the Broadcasting Services Act 1992

17B
Broadcasting service transmitter
(national broadcasting services)
A transmitter used to transmit a national broadcasting service in accordance with section 13 of the Broadcasting Services Act 1992

17C
Broadcasting service transmitter
(re-transmission)
A transmitter used to re-transmit a service in accordance with section 212 of the Broadcasting Services Act 1992

17D
Broadcasting service transmitter
(temporary)
A transmitter used for a temporary broadcasting service in the broadcasting services bands

17E
Broadcasting service transmitter
(testing)
A transmitter used for transmissions for engineering tests of a transmitter intended to be used for the purpose of transmitting a broadcast service.”.

5.3     Items 22 and 22A:
Omit the items, substitute:
“22
Earth station, Australian satellite service
An earth station, other than an earth station in the AUSSAT service, that is established for the purposes of providing access to an Australian satellite.”.
6.       Transitional
6.1     In spite of the amendments of the Radiocommunications (Licensing and General) Regulations made by these Regulations, the Radiocommunications (Licensing and General) Regulations apply to an earth station, Australian satellite service, Class A licence and an earth station, Australian satellite service, Class B licence that was in force immediately before the commencement of these Regulations as if it were an earth station, Australian satellite service licence issued at the commencement of these Regulations for the remainder of the term of the original licence.
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NOTES
1.     Notified in the Commonwealth of Australia Gazette on  30 September 1992.
2.     Statutory Rules 1985 No. 195 as amended by 1985 No. 221; 1986 Nos.125, 197, 213 and 278; 1987 Nos.61, 272 and 332; 1988 Nos. 120, 156 and 348;1989 Nos. 193; 314 and 319; 1990 Nos. 353 and 358; 1991 Nos. 78, 346 and 360; 1992 Nos. 197 and 307.