Radiocommunications Amendment Act 2000

25 New sections 55-57D substituted
  • The principal Act is amended by repealing sections 55 to 57, and substituting the following sections:

    55 Transmissions by persons with agreement of rightholder
    • (1) The rightholder in relation to a spectrum licence may enter into agreements with persons wishing to transmit on the frequency specified in the spectrum licence.

      (2) The terms of every agreement are deemed to include a condition that the person who has entered into the agreement with the rightholder will transmit only in accordance with—

      • (a) the rightholder's spectrum licence:

      • (b) conditions in the record of management rights in relation to which the rightholder's spectrum licence is registered:

      • (c) the provisions of section 102 as applied to the rightholder's spectrum licence:

      • (d) the First Schedule.

      (3) Every transmission by a person who—

      • (a) has entered into an agreement with a rightholder under this section; and

      • (b) is transmitting in accordance with that agreement—

      is a transmission by the rightholder.

    55A Transmissions in accordance with general user spectrum licences
    • (1) This section applies to every spectrum licence created under section 48(1)(b) that is specified as a general user spectrum licence in accordance with section 48(3).

      (2) A general user spectrum licence grants to every person permission to transmit radio waves on the frequency band specified in the general user spectrum licence if that person complies with—

      • (a) any conditions specified in the record of management rights in relation to which the general user spectrum licence is registered; and

      • (b) any conditions specified in the spectrum licence under section 49(1)(j); and

      • (c) the First Schedule.

      (3) No person transmitting radio waves in accordance with a general user spectrum licence may transmit unwanted emissions on any frequency within the range of frequencies to which the unwanted emission limit specified in the general user spectrum licence applies, at a level greater than is specified in that general user spectrum licence as the unwanted emission limit applying to that frequency.

      (4) No person transmitting radio waves in accordance with a general user spectrum licence may transmit unwanted emissions on any frequency that is not within the frequency band or the range of frequencies to which any unwanted emission limit specified in the general user spectrum licence applies, at a level greater than the power floor applying to that frequency in accordance with the record of management rights relating to that frequency at the time the general user spectrum licence was registered.

      (5) Every person who transmits radio waves on a frequency specified in a general user spectrum licence and who fails to comply with subsections (2), (3), or (4) commits an offence against this Act.

      (6) A person transmitting in accordance with a general user spectrum licence is not a rightholder and that person does not, by transmitting in accordance with a general user spectrum licence, acquire rights or obligations under sections 99, 101, or 102.

    56 Transfer of spectrum licence
    • (1) If a rightholder intends to transfer the rightholder's spectrum licence, the rightholder may, for the purpose of registration, execute a notice of transfer in the prescribed form.

      (2) If a spectrum licence provides that the spectrum licence cannot be transferred without the consent of the manager, the Registrar must not register a transfer of that spectrum licence unless the Registrar receives written consent from the manager to the transfer of that spectrum licence.

      (3) If a part of the management rights to which a frequency band in a spectrum licence relates has been transferred to another person and the spectrum licence provides that the spectrum licence cannot be transferred without the consent of the manager, the Registrar must not register a transfer of that spectrum licence unless the Registrar receives written consent from all managers holding management rights to which the frequency band in that spectrum licence relates.

      (4) The transfer of a spectrum licence is not valid until the transfer is registered.

    57 Modification or cancellation of spectrum licence by rightholder alone
    • (1) Where a spectrum licence provides that the spectrum licence may be modified or cancelled by the rightholder alone and the rightholder wishes to modify any matter specified on the rightholder's spectrum licence or cancel the rightholder's spectrum licence, the rightholder may present to the Registrar for the purposes of registration a notice in the prescribed form.

      (2) Every notice presented under subsection (1) must be accompanied by a statutory declaration from or on behalf of the rightholder that the manager who has the management rights in relation to the frequency band or frequency bands within which it is permitted to transmit under the spectrum licence has been served with a copy of the notice.

      (3) The notice must specify—

      • (a) the modification to the spectrum licence; and

      • (b) the date from which the modification or cancellation is to apply.

    57A Modification or cancellation of spectrum licence by manager alone
    • (1) If a spectrum licence provides that the spectrum licence may be modified or cancelled by the manager alone and the manager in relation to that spectrum licence wishes to modify any matter specified on the spectrum licence or cancel the rightholder's spectrum licence, the manager may present to the Registrar for the purposes of registration a notice in the prescribed form.

      (2) Every notice presented under subsection (1) must be accompanied by a statutory declaration from or on behalf of the manager that the rightholder in relation to that spectrum licence has been served with a copy of the notice.

      (3) The notice must specify—

      • (a) the modification to the licence; and

      • (b) the date from which the modification or cancellation is to apply.

    57B Modification or cancellation of spectrum licence by rightholder and manager
    • (1) If a spectrum licence provides that the spectrum licence may be modified or cancelled by the manager and the rightholder together and the manager and the rightholder in relation to that spectrum licence agree to modify any matter specified on the spectrum licence or to cancel the spectrum licence, the manager or the rightholder may present to the Registrar for the purposes of registration a notice in the prescribed form.

      (2) Every notice presented under subsection (1) must be signed by both the manager and the rightholder.

      (3) The notice must specify—

      • (a) the modification to the licence; and

      • (b) the date from which the modification or cancellation is to apply.

    57C Modification of spectrum licence where 2 or more managers
    • If the reference number of a spectrum licence is recorded in accordance with section 45(3) on more than 1 record of management rights, then, despite any provision to the contrary in that spectrum licence, the spectrum licence may be modified only with the consent of all the managers who hold a record of management rights relating to a frequency within the frequency band specified in the spectrum licence.

    57D Registrar's duties in relation to registration of modification or cancellation of spectrum licence
    • (1) Where an instrument received by the Registrar for registration under section 16(1) is a modification to a spectrum licence or the cancellation of a spectrum licence, the Registrar must not register that modification or cancellation unless that modification or cancellation is in the prescribed form.

      (2) Where an instrument is a modification to the spectrum licence that proposes to modify the frequency band specified in the spectrum licence by including any frequency not within the range of frequencies on the record of management rights to which the spectrum licence relates, the Registrar must decline to register that modification to the spectrum licence and must return the modification to the spectrum licence in accordance with section 18(a).

      (3) Where—

      • (a) an instrument is a modification to the spectrum licence that proposes to modify the unwanted emission limits specified in the spectrum licence or include unwanted emission limits in the spectrum licence; and

      • (b) any frequency to which the unwanted emission limits specified in the modification to the spectrum licence apply is a frequency subject to the adjacent frequencies emission limit specified in the record of management rights to which the spectrum licence relates; and

      • (c) the maximum power of emissions specified as being permitted on that frequency exceeds the adjacent frequencies emission limit for that frequency in the record of management rights,—

      the Registrar must decline to register that modification to the spectrum licence and must return the modification to the spectrum licence in accordance with section 18(a).

      (4) The Registrar must not register any modification to a spectrum licence, other than a modification to any of the matters referred to in paragraphs (a), (g), (h), or (i) of section 49(1), unless the Registrar receives, from or on behalf of the applicant for registration, a certificate from an approved radio engineer dated not more than 3 months before the receipt of that certificate by the Registrar.

      (5) The radio engineer's certificate must certify that, in the opinion of that engineer, the exercise of rights to which the spectrum licence, as modified, relates—

      • (a) will not endanger the functioning of any radionavigation service; and

      • (b) will not endanger the functioning of any radio service essential to the protection of life and property; and

      • (c) will not cause harmful interference to rights conferred by registered spectrum or radio licences; and

      • (d) is technically compatible with services authorised to be operated under existing spectrum licences and radio licences; and

      • (e) will sufficiently define the protection area and the nature and characteristics of the proposed transmissions to enable subsequent spectrum licences and radio licences to be co-ordinated with the exercise of rights to which the spectrum licence relates for the purpose of avoiding harmful interference.

      (6) Where a modification to a spectrum licence is received by the Registrar,—

      • (a) the Registrar may require the Secretary to provide to the Registrar a certificate stating whether or not the exercise of the rights to which the spectrum licence, as modified, relates will cause harmful interference to the exercise of any rights conferred by any spectrum licence or radio licence that is not available for search under section 28(3); and

      • (b) if any such certificate states that harmful interference will, or is likely to, occur, the Registrar must decline to register the modification to the spectrum licence, and must return the modification to the spectrum licence in accordance with section 18(a).

      (7) The Registrar must not register a modification to a spectrum licence that purports to alter a provision of that spectrum licence relating to the cancellation of that licence.

      (8) Except as provided in subsections (1) to (7), it is not the duty of the Registrar to determine whether or not the effect of any modification to a spectrum licence received for registration under section 16(1) is to make the exercise of all or any of the rights conferred by that spectrum licence technically compatible with the exercise of any rights by any person under any spectrum licence or any radio licence.