Commonwealth Numbered Regulations - Explanatory Statements

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REVOCATION OF STANDARD UNDER THE RADIOCOMMUNICATIONS ACT 1983 1992 NO.163

EXPLANATORY STATEMENT

STATUTORY RULE 1992 No. 163

Revocation of Ministerial Standard 313

ISSUED BY THE AUTHORITY OF THE MINISTER FOR TRANSPORT AND COMMUNICATIONS

Subsection 9(1) of the Radiocommunications Act 1983 (the Act) provides that the Minister may, by instrument in writing, make standards for specified devices or devices included in specified classes of devices.

Subsection 9(2) of the Act provides that, before making a standard, the Minister shall publish the standard that he proposes to make and invite interested persons to make representations in connection with the proposed standard.

Ministerial Standard 313 (Cellular Mobile Subscriber Units) is the radiocommunications standard for the existing mobile telephone service. It was complementary to the network requirements incorporated in AUSTEL Technical Standard TS 005 (Analogue Cellular Mobile Telecommunications Systems - AMPS Mobile Station).

AUSTEL recently revised Technical Standard TS 005. This standard now fully incorporates the radio elements of the service that MS 313 covered. AUSTEL determined this standard in accordance with subsection 246(1) of the Telecommunications Act 1991 and it has been in effect from 16 April 1992.

The draft instrument of revocation of Ministerial Standard 313 for Cellular Mobile Subscriber Units was published by the Minister in the Commonwealth of Australia Gazette No. GN 15, on 15 April 1992, with a request for public comment. No representations in relation to the revocation of the standard were received.

The instrument of revocation is deemed to have effect from 16 April 1992, to coincide with the entry into force of the revised AUSTEL Standard TS 005. Although the instrument has some retrospective operation, it is considered to be beneficial in that it removes a requirement for equipment to be regulated by both a standard under the Radiocommunications Act and a standard under the Telecommunications Act.


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