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RADIOCOMMUNICATIONS ACT 1992
TABLE OF PROVISIONS
Long Title
1. Short title
2. Commencement
3. The object of this Act
4. Outline of this Act
5. Definitions
6. Definition of radiocommunication
7. Definitions of radiocommunications device, radiocommunications transmitter and radiocommunications receiver
8. Definitions of radio emission and transmitter
9. Definitions of device, non-standard device and non-standard transmitter
10. Public or community services
11. References to offences against this Act etc.
12. Outline of this Part
13. Crown to be bound
14. Operation of this Division
15. Application to external Territories
16. Application outside Australia
17. Adjacent areas
18. Application to the atmosphere etc.
19. Operation of this Division
20. Radio transmissions for the purpose of measurement
21. Astronomical and meteorological observations
22. Lighthouses etc.
23. Foreign satellites, vessels and aircraft
24. Defence research and intelligence
25. Special defence undertakings
26. Additional exemption for defence matters
27. Defence, police and emergency personnel
28. Use of devices by the SMA
29. Outline of this Chapter
30. Spectrum plans
31. Planning of broadcasting services bands
32. Frequency band plans
33. Publication etc. of plans
34. Revocation and variation of plans
35. Disallowance of plans
36. Designation of parts of the spectrum for spectrum licences
37. Preparation or variation of frequency band plans
38. Conversion plans
39. Marketing plans
40. Consultation on draft plans
41. Delays in preparing plans
42. Variation of plans
43. Publication of plans
44. Expressions of interest in spectrum licences
45. Outline of this Chapter
46. Unlicensed operation of radiocommunications devices
47. Unlawful possession of radiocommunications devices
48. Additional provisions about possession of radiocommunications devices
49. Emergency operation etc. of radiocommunications devices
50. Civil proceedings
51. Outline of this Part
52. Application of this Subdivision
53. Preparation of draft spectrum licences
54. Notification of draft spectrum licences
55. Representations about draft spectrum licences
56. Offer of spectrum licences
57. Issuing of spectrum licences on acceptance of offers
58. Failures to accept offers
59. Compliance with plans
60. Procedures for allocating spectrum licences
61. Preparation of draft spectrum licences
62. Issue of spectrum licences
63. Compliance with marketing plans
64. Authorisation to use part of the spectrum
65. Duration of spectrum licences
66. Core conditions of spectrum licences
67. Conditions about payment of charges
68. Conditions about third party use
69. Conditions about registration of radiocommunications transmitters
70. Conditions about technical licence specifications
71. Other conditions of spectrum licences
72. Variation with agreement
73. Variation without agreement
74. Application of this Division
75. Suspending spectrum licences
76. Period of suspension
77. Cancelling spectrum licences
78. Notice of spectrum licences that are about to be re-issued
79. Preparation of draft spectrum licences for re-issue
80. Procedures for re-allocating spectrum licences
81. Re-issue of spectrum licences
82. Re-issue of spectrum licences to the same licensees in the public interest
83. Contents of re-issued spectrum licences
84. Commencement of re-issued spectrum licences
85. Trading spectrum licences
86. Registration of assignments etc.
87. Variation etc. of spectrum licences to take assignments into account
88. Rules about assignments etc.
89. SMA may resume spectrum licences by agreement
90. Effect of resumption
91. SMA may resume spectrum licences compulsorily
92. Effect of resumption
93. Payment of compensation
94. Interest payable on resumption etc.
95. Reaching agreements during the compulsory process
96. Outline of this Part
97. Transmitter licences and receiver licences
98. Types of transmitter licences and receiver licences
99. Applications for apparatus licences
100. Issuing apparatus licences
101. Testing of radiocommunications devices
102. Transmitter licences for certain broadcasting services
103. Duration of apparatus licences
104. Compliance with plans
105. Parts of the spectrum allocated for spectrum licences
106. Price-based allocation system for certain transmitter licences
107. General conditions
108. Additional conditions for transmitter licences
109. Conditions of transmitter licences for certain broadcasting services
110. Conditions relating to interference by broadcasters
111. Changes to licence conditions
112. Guidelines relating to conditions etc.
113. Contravention of conditions
114. Licensees may authorise third party users
115. Determinations limiting authorisation of third party users
116. Revocation of authorisations
117. Licensees must keep records of authorisations
118. Licensees must notify authorised persons of certain matters
119. SMA to determine the need for qualified operators
120. Applications for certificates of proficiency
121. Issuing certificates of proficiency
122. Restrictions on issuing certificates of proficiency
123. Re-examination of qualified operators
124. Cancelling certificates of proficiency
125. Application of this Division
126. Suspending apparatus licences
127. Period of suspension
128. Cancelling apparatus licences
129. Applications for renewal of apparatus licences
130. Renewing apparatus licences
131. Application of other provisions
132. SMA may issue class licences
133. Conditions of class licences
134. Varying class licences
135. Revoking class licences
136. Consultation on variations and revocations
137. Compliance with plans
138. Parts of the spectrum allocated for spectrum licences
139. Disallowance of class licences
140. Requests for advice on operation of radiocommunications devices
141. SMA to advise on the operation of radiocommunications devices
142. The effect of the SMA's advice
143. The Register of Radiocommunications Licences
144. Contents of the Register - spectrum licences
145. Refusal to register radiocommunications transmitters for operation under spectrum licences
146. Updating the Register to take variations etc. of spectrum licences into account
147. Contents of the Register - apparatus licences
148. Updating the Register to take variations etc. of apparatus licences into account
149. Contents of the Register - class licences
150. Updating the Register to take variations etc. of class licences into account
151. Inspection of the Register
152. Parts of the Register may be kept confidential
153. Correction of the Register
154. Outline of this Chapter
155. The object of this Part
156. Outline of this Part
157. Emissions from non-standard transmitters
158. Possession of non-standard transmitters
159. Additional provisions about possession of transmitters
160. Supply of non-standard devices
161. Imputed knowledge
162. The SMA's power to make standards
163. Procedures for making standards
164. Date of effect of standards
165. Disallowance etc. of standards
166. The effect of permits
167. The SMA may issue permits
168. Conditions of permits
169. Duration of permits
170. Contraventions of permit conditions
171. Cancelling permits
172. Emergency transmissions etc.
173. Possession or supply for use solely outside Australia
174. Supply with permission
175. Supply for modification etc.
176. Supply for re-export
177. Burden of proof
178. Reasonable excuse
179. The SMA's power to determine technical licence specifications
180. Procedures for making technical licence specifications
181. Date of effect of technical licence specifications
182. Requirements to affix labels etc.
183. Recognised testing authorities
184. Compliance certificates
185. Effect of compliance certificates
186. Sale etc. of devices without labels
187. Affixing labels without compliance certificates
188. Imputed knowledge
189. Operation etc. of prohibited devices
190. Declaration of prohibited devices
191. Consultation on proposed declarations
192. Interference likely to prejudice safe operation of aircraft or vessels
193. Interference in relation to certain radiocommunications
194. Interference likely to endanger safety or cause loss or damage
195. Transmission from foreign vessel or aircraft
196. Emergency transmissions etc.
197. Knowingly etc. causing interference
198. Transmission of false information
199. Transmission likely to cause explosion
200. Imputed knowledge
201. Operation of laws of States or Territories
202. Appointment of a conciliator
203. Terms and conditions etc.
204. Remuneration and allowances
205. Referral of complaints to conciliators
206. Referral of other matters to conciliators
207. Consideration of whether to refer a matter
208. Conciliator may effect settlement in relation to disputed conduct
209. Conciliator may decide not to make inquiry
210. Compulsory conference
211. Protection from civil actions
212. SMA may issue directions
213. Complainants to be kept informed
214. Contravention of a direction
215. Commonwealth not liable for costs
216. Offences relating to settlement of interference disputes
217. Operation of State and Territory laws
218. Report by SMA
219. Declaration of period of emergency
220. Circumstances in which Proclamation may be made
221. Termination of period of emergency
222. Restrictive orders
223. Publication of restrictive orders
224. Application of orders to broadcasting
225. Revocation of orders
226. Orders may have extended operation
227. Contravention of orders
228. Orders to prevail over inconsistent laws
229. Disallowance of restrictive orders
230. Minister may make guidelines
231. Outline of this Chapter
232. Establishment
233. Functions
234. General powers
235. Minister may give directions to the SMA
236. Minister may notify the SMA of general policies of Commonwealth Government
237. The SMA acts on behalf of Commonwealth
238. Delegation
239. Constitution of the SMA
240. Committees
241. Corporate plans
242. Annual report
243. Appointment of Spectrum Manager
244. Duties etc. of the Spectrum Manager
245. Term of appointment
246. Remuneration and allowances
247. Outside employment
248. Leave of absence
249. Resignation
250. Termination of appointment
251. Terms and conditions of appointment etc.
252. Acting appointments
253. Staff of the SMA
254. Control of staff of the SMA
255. SMA may hold inquiry
256. SMA to hold inquiry when directed
257. Informing the public about an inquiry
258. Discussion paper
259. Written submissions
260. Protection from civil actions
261. Public hearings
262. SMA may make advisory guidelines
263. SMA may accredit persons
264. Withdrawal of accreditation
265. Procedure for withdrawing accreditation
266. Accreditation principles
267. Inspectors
268. Identity cards
269. Magistrate may issue warrant
270. Warrants may be issued by telephone or other electronic means
271. References to connection with an offence
272. General offence related searches and seizures
273. Evidence about the commission of other offences
274. Production of identity card etc.
275. Emergency searches and seizures
276. Retention of thing seized
277. Power of inspectors to enter premises and adjust transmitters in emergencies
278. Powers of inspectors to require operation of transmitters
279. General powers of inspectors
280. Court may order forfeiture
281. Forfeited goods may be sold
282. Act not to affect performance of duties by inspectors
283. Inspectors not authorised to enter or search certain land or premises used for defence purposes
284. Offences that are going to be committed
285. Decisions that may be subject to reconsideration by the SMA
286. Deadlines for reaching certain decisions
287. Statements to accompany notification of decisions
288. Applications for reconsideration of decisions
289. Reconsideration by the SMA
290. Deadlines for reconsiderations
291. Statements to accompany notification of decisions on reconsideration
292. Review by the AAT
293. Charges relating to the SMA's costs
294. Spectrum access charges
295. Publication of determinations
296. Collection of charges on behalf of the SMA
297. Limits on charges
298. Recovery of charges
299. International agreements etc.
300. Labelling of radiocommunications transmitters for purposes of identification
301. Supply of radiocommunications devices to unlicensed persons
302. False statements
303. Compilation etc. of information
304. Applications etc. in electronic form
305. Evidentiary certificates
306. Conduct by directors, servants and agents
307. Surrender of licences, certificates and permits
308. No compensation for suspensions and cancellations
309. Officers and employees of governments and authorities
310. Operation of this Act in relation to the Broadcasting Services Act
311. Act not to affect performance of functions by States or certain Territories
312. Application of the Trade Practices Act
313. Legislation of the Australian Antarctic Territory
314. Regulations
315. Penalties payable in lieu of prosecution
SCHEDULE
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