Compilation #None | Effective 2014-10-17
FRBR Work URI: /akn/au/act/1992/167
This Act may be cited as the Radiocommunications (Transitional Provisions and Consequential Amendments) Act 1992.
This Act commences on 1 July 1993.
In this Part, unless the contrary intention appears:
old Act means the Radiocommunications Act 1983.
new Act means the Radiocommunications Act 1992.
Subject to subsection (3), terms and expressions used in this Part have the same meaning as they have in the new Act.
Terms and expressions used in this Part that relate to the old Act or anything done under the old Act have the same meaning as they have in the old Act.
Subject to the Minister that:section 5, if an instrument is made by
is an instrument of a kind referred to in column 2 of the following table; and
was in force immediately before the commencement of this Act;
then the instrument:
continues in force immediately after that commencement as if, at the time it had been made, it had been made, in the same terms, by the SMA as an instrument of the kind referred to in the corresponding item in column 3 of the following table; and
is taken, for all purposes, to have been issued by the SMA as such an instrument.
If, immediately before the commencement of this Act:
a compliance statement certificate issued under section 12 of the old Act is the subject of suspension under section 13 of the old Act; or
a transmitter licence granted under section 24 or 24B of the old Act is the subject of suspension under section 28 of the old Act;
section 4 of this Act does not apply to the certificate or licence until the suspension ceases to have effect (otherwise than because of the expiry or cancellation of the certificate or licence).
An authority given by a person, under section 26 of the old Act, that was in force immediately before the commencement of this Act continues in force immediately after that commencement as if it had been an authorisation given by that person under section 114 of the new Act.
Subject to subsection (4), despite the repeal of the old Act by section 13 of this Act, a frequency reservation certificate granted under section 21 of the old Act that was in force immediately before the commencement of this Act remains in force after that commencement for the period for which it would have remained in force if the old Act were not repealed.
If an unallocated frequency is reserved in the name of a person in accordance with a frequency reservation certificate in force under subsection (1), the SMA must not issue to a person other than that person a permit or transmitter licence authorising the operation of a transmitter in a manner inconsistent with that reservation.
For the purposes of subsection (2), issuing a permit or transmitter licence that authorises the operation of a transmitter for a period not exceeding 14 days is taken to be not inconsistent with a reservation.
The SMA has the same power to cancel a frequency reservation certificate to which subsection (1) applies as the Minister had, immediately before the commencement of this Act, to cancel frequency reservation certificates.
Subject to subsection (3), any regulations made under the old Act and in force immediately before the commencement of this Act continue in force as if made under the new Act.
A reference in a regulation so continued in force to a provision of the old Act is taken to be a reference to the corresponding provision in the new Act.
This section does not apply to a regulation the making of which would not be authorised by the new Act.
(2) References in subsection 362(4) of the Commonwealth Electoral Act 1918 as amended by this Act, and in section 108A of the Referendum (Machinery Provisions) Act 1984 as so amended, to contraventions of the Radiocommunications Act 1992 are taken to include references to contraventions of the Radiocommunications Act 1983 that took place before the commencement of this Act.
Without limiting the application of section 4 of this Act:
(a) a reference in subparagraphs 91(a)(iii) and (c)(iii) of the Copyright Act 1968, as amended by this Act, to a transmitter licence issued under the Radiocommunications Act 1992;
is taken to include:
a reference to a transmitter licence or a temporary permit that, although not in force immediately before the commencement of this Act, was in force at the time when the broadcast in question was made.
Endnotes
Endnote 1—About the endnotes
The endnotes provide details of the history of this legislation and its provisions. The following endnotes are included in each compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Endnote 5—Uncommenced amendments
Endnote 6—Modifications
Endnote 7—Misdescribed amendments
Endnote 8—Miscellaneous
If there is no information under a particular endnote, the word “none” will appear in square brackets after the endnote heading.
Abbreviation key—Endnote 2
The abbreviation key in this endnote sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended the compiled law. The information includes commencement information for amending laws and details of application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision level. It also includes information about any provisions that have expired or otherwise ceased to have effect in accordance with a provision of the compiled law.
Uncommenced amendments—Endnote 5
The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in endnote 5.
Modifications—Endnote 6
If the compiled law is affected by a modification that is in force, details of the modification are included in endnote 6.
Misdescribed amendments—Endnote 7
An amendment is a misdescribed amendment if the effect of the amendment cannot be incorporated into the text of the compilation. Any misdescribed amendment is included in endnote 7.
Miscellaneous—Endnote 8
Endnote 8 includes any additional information that may be helpful for a reader of the compilation.
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Endnote 5—Uncommenced amendments [none]
Endnote 6—Modifications [none]
Endnote 7—Misdescribed amendments [none]
Endnote 8—Miscellaneous [none]