Commonwealth Numbered Regulations - Explanatory Statements

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RADIOCOMMUNICATIONS AMENDMENT REGULATIONS 2000 (NO. 1) 2000 NO. 221

STATUTORY RULES 2000 NO. 221

Issued by the Authority of the Minister for Communications, Information Technology and the Arts

Radiocommunications Act 1992

Radiocommunications Amendment Regulations 2000 (No. 1)

Section 314 of the Radiocommunications 1992 (the Act) allows the Governor-General to make regulations prescribing matters required or permitted by the Act to be prescribed.

Subsection 299(1) of the Act requires a person or body exercising power conferred under the Radiocommunications Act 1992 (other than a power under Part 4.4 or 5.5) to have regard to:

(a) any agreement, treaty or convention, between Australia and another country or countries, that makes provision in relation to radio emission; and

(b) any other instrument or writing specified in the regulations.

Subsection 299(3) provides that regulations made for the purposes of paragraph 299(1)(b) may prescribe a specified instrument or writing:

(a) as in force or existence at the time when the regulations come into effect; or

(b) as amended or altered from time to time.

Regulation 38 of the Radiocommunications Regulations 1993 provides that for the purposes of paragraph 299(1)(b) of the Act, the Treaty within the meaning of the Petroleum (AustraliaIndonesia Zone of Cooperation) Act 1990, as amended and in force at the commencement of the Regulations, is prescribed.

The purpose of the accompanying Regulations is to amend the Radiocommunications Regulations 1993 to update the reference to the name of the Act that includes the definition of the Timor Gap Treaty. The Timor Gap Treaty (Transitional Arrangements) Act 2000 (Act No. 25 of 2000) recently changed the name of the Act as a consequence of the assumption of Indonesia's rights and obligations under the Treaty by UNTAET (United Nations Transitional Administration in East Timor).

The accompanying Regulations commence on gazettal.

Details of the accompanying Regulations are set out in the Attachment.

ATTACHMENT

Radiocommunications Amendment Regulations 2000 (No. 1)

Regulation 1 - Name of Regulations

Regulation 1 provides that the Regulations are named the Radiocommunications Amendment Regulations 2000 (No. 1).

Regulation 2 - Commencement

Regulation 2 provides that the Regulations commence on gazettal.

Regulation 3 - Amendment of Radiocommunications Regulations 1993

Regulation 3 provides that Schedule 1 amends the Radiocommunications Regulations 1993.

Schedule 1 - Amendments

Item 1 - Regulation 38

Item 1 provides that for paragraph 299(1)(b) of the Radiocommunications Act 1992, the Timor Gap Treaty (being the Treaty defined by subsection 5(1) of the Petroleum (Timor Gap Zone of Cooperation) Act 1990), as amended from time to time, is prescribed. This updates a reference to the name of the Act formerly known as the Petroleum (Australia-Indonesia Zone of Cooperation) Act 1990, which was recently changed by the Timor Gap Treaty (Transitional Arrangements) Act 2000 as a consequence of the assumption of Indonesia's rights and obligations under the Treaty by UNTAET (United Nations Transitional Administration in East Timor).