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RADIOCOMMUNICATIONS ACT 1983 No. 130, 1983

RADIOCOMMUNICATIONS ACT 1983 No. 130, 1983

RADIOCOMMUNICATIONS ACT 1983 No. 130, 1983 - TABLE OF PROVISIONS

TABLE OF PROVISIONS PART I-PRELIMINARY Section 1. Short title 2. Commencement 3. Interpretation 4. Crown to be bound 5. Additional operation of Act in relation to radar, radio astronomy, &c. 6. Application of Act 7. International agreements, &c. 8. Further provision with respect to certain persons PART II-STANDARDS Division 1-Making of, and compliance with, standards 9. Standards 10. Test permits 11. Offences relating to sub-standard devices Division 2-Compliance statements and compliance statement certificates 12. Compliance statements and compliance statement certificates 13. Suspension of compliance statement certificates 14. Cancellation of compliance statement certificates 15. Offences relating to compliance statements, &c. PART III-ADVISORY GUIDELINES 16. Advisory guidelines PART IV-RADIO FREQUENCY PLANNING 17. Interpretation 18. Spectrum plan 19. Frequency band plans 20. Publication and tabling of plans PART V-FREQUENCY RESERVATION CERTIFICATES 21. Frequency reservation certificates PART VI-TRANSMITTER LICENCES AND TEMPORARY PERMITS 22. Interpretation 23. Radiocommunications transmitter not to be operated, &c., without transmitter licence or temporary permit 24. Transmitter licence 25. Conditions to which transmitter licence is subject 26. Authorities under transmitter licences 27. Contravening conditions of transmitter licences 28. Suspension of transmitter licences 29. Cancellation of transmitter licences 30. Notice to holder of authority under sub-section 26 (1) 31. Certificates of proficiency 32. Re-examination of qualified operators 33. Cancellation of certificates of proficiency 34. Certain persons deemed to be qualified operators 35. Temporary permits for non-resident aliens,&c. PART VII-RECEIVER LICENCES 36. Interpretation 37. Receiver not to be operated, &c., without receiver licence 38. Receiver licence PART VIII-RESTRICTED USE ZONES 39. Interpretation 40. Declaration of radiocommunications emergency 41. Orders 42. Guidelines for making orders 43. Offence of contravening an order 44. Orders to prevail over inconsistent laws
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PART IX-SETTLEMENT OF INTERFERENCE DISPUTES 45. Interpretation 46. Reference of matters to conciliator 47. Functions of conciliator 48. Compulsory conferences 49. Conciliators 50. Remuneration and allowances 51. Offences relating to administration of Part 52. Operation of State and Territory laws 53. Report by Minister PART X-PUBLIC INQUIRIES 54. Interpretation 55. Inquiries by Commissioner 56. Remuneration and allowances 57. Notice of inquiries 58. Procedure at inquiries, &c. 59. Power to administer oath or affirmation 60. Protection of Commissioner and witnesses 61. Contempt 62. Allowances to witnesses 63. Witness not to be prejudiced 64. Report by Minister PART XI-MISCELLANEOUS 65. Offences 66. Delegation 67. Register of test permits, frequency reservation certificates, licencesand temporary permits 68. Identity cards 69. Powers of arrest 70. Search warrants 71. Search warrants may be granted by telephone 72. Searches in emergencies 73. Goods seized under this Act 74. General powers of inspectors 75. Act not to affect performance of duties by inspectors 76. Personation of inspectors 77. Officers and employees of governments and authorities 78. Programs, &c., relating to radiocommunications and other matters 79. Surrender of permits, certificates and licences 80. Forfeiture 81. False statements 82. Prosecution of offences 83. Penalties for corporations 84. Evidentiary certificates 85. Conduct by servants or agents of body corporate 86. Review of decisions 87. Statements to accompany notification of decisions 88. Service of notices 89. Operation of this Act in relation to Broadcasting and Television Act 90. No compensation from Commonwealth 91. Act not to affect performance of State, Northern Territory or Norfolk Island functions 92. Legislation of the Australian Antarctic Territory 93. Regulations

RADIOCOMMUNICATIONS ACT 1983 No. 130, 1983 - SECT. 1. Short title.

other matters (Assented to 22 December 1983) PART I-PRELIMINARY Short title 1. This Act may be cited as the Radiocommunications Act 1983.

RADIOCOMMUNICATIONS ACT 1983 No. 130, 1983 - SECT. 2. Commencement

2. (1) Subject to sub-section (2), this Act shall come into operation on such date as is fixed by Proclamation.

(2) Paragraphs 11 (1) (a) and (c), sections 23 and 37 and sub-sections 65 (15), (16), (17) and (18) shall come into operation on such date as is fixed by Proclamation, being a date later than the date fixed for the purposes of sub-section (1).

RADIOCOMMUNICATIONS ACT 1983 No. 130, 1983 - SECT. 3.
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Interpretation

3. (1) In this Act, unless the contrary intention appears- ''advisory guideline'' means an advisory guideline made under sub-section 16 (1); ''agreement'' includes a treaty or convention; ''aircraft'' means a machine or apparatus that can derive support in the atmosphere from the reactions of the air or from buoyancy, but does not include an air-cushion vehicle; ''Australia'' includes all the Territories; ''Australian aircraft'' means an aircraft that is in Australian control or is registered in accordance with the Air Navigation Regulations as an Australian aircraft; ''Australian satellite'' means a space satellite that is declared by the regulations to be an Australian satellite for the purposes of this Act; ''Australian vessel'' means a vessel that is in Australian control or- (a) not being an air-cushion vehicle-is an Australian boat within the meaning of the Fisheries Act 1952; or (b) being an air-cushion vehicle-would be an Australian boat within the meaning of that Act if it were a boat within the meaning of that Act; ''authority of a State'' means- (a) a corporation established for a public purpose by or under a law of a State; or (b) any other corporation in which a State, or a corporation referred to in paragraph (a), has a controlling interest; ''authority of the Commonwealth'' means- (a) a corporation established for a public purpose by or under a law of the Commonwealth or of a Territory; or (b) any other corporation in which the Commonwealth, the Administration of a Territory or a corporation referred to in paragraph (a), has a controlling interest; ''broadcasting station'' means so much of a broadcasting station (including a broadcasting translator station) within the meaning of the Broadcasting and Television Act 1942 or the Australian Broadcasting Corporation Act 1983 that consists of a transmitter that is operating for the purpose of the transmission of radio programs to the general public as authorized by or under either of those Acts; ''certificate of proficiency'' means a certificate of proficiency issued under section 31; ''Commissioner'' means a Commissioner appointed under sub-section 55 (5); ''Commonwealth officer'' means- (a) a Minister; or (b) a person who, whether on a full-time or a part-time basis, and whether in a permanent capacity or otherwise- (i) is in the service or employment of the Commonwealth, the Administration of a Territory or an authority of the Commonwealth; or (ii) holds or performs the duties of any office or position established by or under a law of the Commonwealth or a Territory, and, without limiting the generality of paragraph (b), includes- (c) a member of the Defence Force; and (d) a member of the Australian Federal Police or of the police force
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of a Territory; ''compliance statement'' means a statement authorized by a compliance statement certificate; ''compliance statement certificate'' means a certificate issued under sub-section 12 (1); ''conciliator'' means a person appointed as a conciliator under section 49; ''device'' means- (a) radiosensitive equipment; (b) a radiocommunications transmitter; (c) a transmitter other than a radiocommunications transmitter; or (d) a receiver, but does not include a broadcasting station or a television station; ''environment'' means the physical environment; ''financial corporation'' means a financial corporation to which paragraph 51 (xx) of the Constitution is applicable, and includes a corporation formed within the limits of Australia that carries on as its sole or principal business the business of banking or insurance to which paragraph 51 (xiii) or (xiv) of the Constitution, as the case may be, is applicable; ''foreign aircraft'' means an aircraft other than an Australian aircraft; ''foreign corporation'' means a foreign corporation to which paragraph 51 (xx) of the Constitution is applicable; ''foreign satellite'' means a space satellite other than an Australian satellite; ''foreign vessel'' means a vessel other than an Australian vessel; ''frequency band plan'' means a plan prepared under section 19; ''frequency reservation certificate'' means a certificate granted under section 21; ''have in possession'' includes having under control in any place whatever, whether for the use or benefit of the person of whom the term is used or of another person, and although another person has the actual possession or custody of the thing in question; ''importation'' means importation into Australia; ''in Australian control'' means in the control or possession of one or more of any of the following: (a) the Commonwealth (including an arm of the Defence Force) or a State or Territory; (b) an authority of the Commonwealth; (c) a corporation established for a purpose of a State or Territory by or under a law in force in that State or Territory; (d) any other corporation in which a State or Territory, or a corporation referred to in paragraph (c), has a controlling interest; ''licence'' means a receiver licence or a transmitter licence; ''Magistrate'' includes a Justice of the Peace; ''manufactured'' means manufactured in Australia; ''medical practitioner'' means a person registered or licensed as a medical practitioner under a law of a State or Territory that provides for the registration or licensing of medical practitioners;
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''officer'' means a Commonwealth officer or a State officer; ''operate''- (a) in relation to a radiocommunications receiver, means operate for the purpose of radiocommunication otherwise than solely for the purpose of radio transmission; (b) in relation to a radiocommunications transmitter, means operate for the purpose of radiocommunication otherwise than solely for the purpose of the reception of radio transmission; and (c) in relation to a prescribed transmitter, means operate for the purpose of prescribed radio transmission; ''physical quantity'' means a physical quantity specified in regulations in force for the purposes of section 7 of the Weights and Measures (National Standards) Act 1960; ''prescribed radio transmission'' means radio transmission for purposes in connection with the making of a measurement of a physical quantity by means of the propagation or other qualities of radio transmission; ''prescribed transmitter'' means a transmitter designed or intended for prescribed radio transmission; ''qualified operator'' means a person who holds a certificate of proficiency; ''radiocommunication'' means- (a) radio transmission; or (b) reception of radio transmission, for the purposes of the communication of information between persons and persons, persons and things or things and things; ''radiocommunications transmitter'' means a transmitter designed or intended for use for the purpose of radiocommunication, and includes any thing (other than a line within the meaning of the Telecommunications Act 1975) designed or intended to be ancillary to, or associated with, such a transmitter for the purposes of that use; ''radiosensitive equipment'' means any thing (other than a receiver or transmitter) any use or function of which is capable of being interfered with by radio transmission; ''radio transmission'' means- (a) any transmission or emission of electromagnetic energy of frequencies less than 3 terahertz; or (b) any highly coherent transmission or emission of electromagnetic energy of frequencies not less than 3 terahertz and not exceeding 1,000 terahertz, without continuous artificial guide; ''receiver'' means any thing designed or intended for use for the purposes of radiocommunication by means of the reception of radio transmission, and includes any thing (other than a line within the meaning of the Telecommunications Act 1975) designed or intended to be ancillary to, or associated with, such a thing for the purposes of that use; ''receiver licence'' means a licence granted under section 38; ''reception'', in relation to radio transmission, includes interception; ''standard'' means a standard made under sub-section 9 (1); ''State officer'' means a person who, whether on a full-time basis or a part-time basis, and whether in a permanent capacity or otherwise- (a) is in the service or employment of a State or an authority of a State; or (b) holds or performs the duties of any office or position established by or under a law of a State,
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and, without limiting the generality of the foregoing, includes a member of the police force of a State;

''supply'' includes supply (including re-supply) by way of sale, exchange, lease, hire, or hire-purchase; ''television station'' means so much of a television station (including a television repeater station and a television translator station) within the meaning of the Broadcasting and Television Act 1942 or the Australian Broadcasting Corporation Act 1983 that consists of a transmitter that is operating for the purpose of the transmission of television programs to the general public as authorized by or under either of those Acts; ''temporary permit'' means a permit granted under section 35; ''test permit'' means a permit granted under section 10; ''this Act'' includes the regulations; ''trading corporation'' means a trading corporation to which paragraph 51 (xx) of the Constitution is applicable; ''transmitter'' means- (a) any thing designed or intended for radio transmission; or (b) any other thing, irrespective of its use or function or the purpose of its design, that is capable of radio transmission; ''transmitter licence'' means a licence granted under section 24; ''vessel'' means a vessel or boat of any description, and includes- (a) an air-cushion vehicle; and (b) any floating structure.

(2) A reference in this Act to a member of the Australian Federal Police or to a member of a police force includes a reference to a special member of the Australian Federal Police.

(3) A reference in this Act to a conviction of an offence includes a reference to- (a) the making of an order under section 19B of the Crimes Act 1914 in relation to the offence; or (b) the payment, in pursuance of regulations made by virtue of paragraph 93 (2) (d) of this Act, of a penalty in relation to the offence.

(4) A reference in this Act to an offence against this Act, to an offence against a provision of this Act or to a contravention of this Act includes a reference to an offence against- (a) section 6, 7 or 7A of the Crimes Act 1914; or (b) sub-section 86 (1) of that Act by virtue of paragraph (a) of that sub-section, that relates to this Act or that provision, as the case requires.

(5) A reference in a provision of this Act to an inspector is a reference to- (a) an officer appointed by the Minister, by instrument in writing, to be an inspector for the purposes of the provision; (b) an officer included in a class of officers appointed by the Minister, by instrument in writing published in the Gazette, to be inspectors for the purposes of the provision; or (c) a member (other than a special member) of the Australian Federal Police or of the police force of a Territory.

(6) For the purposes of this Act, a compliance statement or a statement purporting to be a compliance statement shall be deemed to be applied to a device if the statement is impressed on, worked into or annexed or affixed to the device.

(7) Except so far as the contrary intention appears, references in this Act to Australia, a foreign country, a place or any waters include references to the space (including the atmosphere and outer space) above.

(8) A reference in this Act to a member of the crew of an aircraft or vessel includes a reference to the person in charge of the aircraft or vessel.

(9) A reference in a provision of this Act to an approved form is a reference to a form approved by the Minister, by instrument in writing, for

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the purposes of the provision.

(10) Nothing in this Act precludes the same thing from being both a receiver and a transmitter for the purposes of this Act.

(11) Nothing in this Act precludes the same transmitter from being both a prescribed transmitter and a radiocommunications transmitter for the purposes of this Act.

(12) Nothing in this Act prevents 2 or more licences (whether receiver licences, transmitter licences, or both) from being contained in the same instrument.

(13) For the purposes of this Act, a device is sub-standard if- (a) being a device that has not been altered or modified in a material respect after its manufacture or, where it has been imported, after its importation-it does not comply with a standard that was applicable to it when it was so manufactured or imported, as the case may be; or (b) being a device that has been so altered or modified-it does not comply with a standard that was applicable to it when it was so altered or modified.

(14) A reference in this Act to a television program includes a reference to so much of a television program as consists only of sound or images.

(15) Where a test permit, licence or temporary permit is granted authorizing the operation of 2 or more transmitters or, in the case of a receiver licence, 2 or more receivers, nothing in this Act shall be taken, by implication, to prevent the Minister, in imposing, or in specifying matters relating to, the conditions to which that licence or permit is subject, from making different provision for different transmitters or receivers or different classes of transmitters or receivers.

(16) A reference in this Act to interference to, or with, radiocommunications is a reference to interference to, or with, radiocommunications that is attributable, whether wholly or partly and whether directly or indirectly, to a transmission or emission of electromagnetic energy.

RADIOCOMMUNICATIONS ACT 1983 No. 130, 1983 - SECT. 4. Crown to be bound

4. This Act binds the Crown in right of the Commonwealth, of each of the States, of the Northern Territory and of Norfolk Island, but nothing in this Act renders the Crown liable to be prosecuted for an offence.

RADIOCOMMUNICATIONS ACT 1983 No. 130, 1983 - SECT. 5. Additional operation of Act in relation to radar, radio astronomy, &c.

5. (1) Without prejudice to its effect apart from this sub-section, this Act also has, by force of this sub-section, the effect it would have if the reference in the definition of ''radiocommunication'' in sub-section 3 (1) to things and things were a reference to parts of things and the same or other parts of the same things.

(2) Without prejudice to its effect apart from this sub-section, this Act also has, by virtue of this sub-section, the effect it would have if each reference in any or all of the prescribed provisions to radiocommunications were a reference to prescribed radio transmissions- (a) made in the course of, or in relation to- (i) trade and commerce between Australia and places outside Australia; (ii) trade and commerce among the States; (iii) trade and commerce within a Territory, between a State and Territory or between 2 Territories; (iv) any relevant activity of a trading corporation or of a financial corporation; (v) the operation of lighthouses, lightships, beacons or buoys; or (vi) the making of astronomical or meteorological observations; (b) made by or on behalf of the Commonwealth, an authority or instrumentality of the Commonwealth, a foreign corporation or a corporation incorporated in a Territory; or (c) made in a Territory, or subject to section 6, a place outside Australia.

(3) Without prejudice to its effect apart from this sub-section, this Act also has, by force of this sub-section, the effect it would have if each reference in any or all of the prescribed provisions to radiocommunications were a reference to prescribed radio transmissions made by a trading

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corporation or financial corporation.

(4) Without prejudice to its effect apart from this sub-section, this Act also has, by force of this sub-section, the effect it would have if each reference in any or all of the following provisions, namely, sections 22 to 25 (inclusive) and 35, sub-sections 41 (1) and 65 (10) and (14) and paragraph 93 (2) (g) to a radiocommunications transmitter were a reference to a prescribed transmitter- (a) used in the course of, or in relation to- (i) trade and commerce between Australia and places outside Australia; (ii) trade and commerce among the States; (iii) trade and commerce within a Territory, between a State and a Territory or between 2 Territories; (iv) any relevant activity of a trading corporation or of a financial corporation; (v) the operation of lighthouses, lightships, beacons or buoys; or (vi) the making of astronomical or meteorological observations; (b) used by or on behalf of the Commonwealth, an authority or instrumentality of the Commonwealth, a foreign corporation or a corporation incorporated in a Territory; or (c) in a Territory or, subject to section 6, a place outside Australia.

(5) Without prejudice to its effect apart from this sub-section, this Act also has, by force of this sub-section, the effect it would have if each reference in any or all of the following provisions, namely, sections 22 to 25 (inclusive) and 35, sub-sections 41 (1) and 65 (10) and (14) and paragraph 93 (2) (g) to a radiocommunications transmitter were a reference to a prescribed transmitter used by a trading corporation or a financial corporation.

(6) Without prejudice to its effect apart from this sub-section, this Act also has, by force of this sub-section, the effect it would have if each reference in any or all of the following provisions, namely, sections 22 to 25 (inclusive) and 35, sub-sections 41 (1) and 65 (10) and (14) and paragraph 93 (2) (g) to a radiocommunications transmitter were a reference to a prescribed transmitter.

(7) Without prejudice to its effect apart from this sub-section, this Act also has, by force of this sub-section, the effect it would have if each reference in any or all of the prescribed provisions to radiocommunications were a reference to prescribed radio transmission.

(8) Without prejudice to its effect apart from this sub-section, this Act also has, by force of this sub-section, the effect it would have if each reference in any or all of the prescribed provisions to radiocommunications were a reference to radio transmission in connection with the making of astronomical or meteorological observations.

(9) Without prejudice to its effect apart from this sub-section, this Act also has, by force of this sub-section, the effect it would have if each reference in any or all of the prescribed provisions to radiocommunications were a reference to radio transmission in connection with the operation of lighthouses, lightships, beacons or buoys.

(10) In this section- ''prescribed provisions'' means sub-section 3 (16), paragraphs 9 (5) (e) and 9 (6) (c), sub-section 9 (13), section 17, paragraph 24 (2) (d), sub-paragraph 25 (1) (b) (i), sub-sections 25 (9), 38 (2) and 41 (2), paragraph 46 (1) (a), sub-section 55 (1), paragraphs 55 (2) (a) and (3) (c), sub-sections 65 (1), (4), (6), (9) and (11) and paragraph 93 (2) (a); ''relevant activity'' means- (a) in relation to a trading corporation- (i) any trading activity of the corporation; or (ii) any other activity of the corporation carried on for the purposes of its trading activities; and (b) in relation to a financial corporation- (i) any financial activity of the corporation; or (ii) any other activity of the corporation carried on for the purposes of its financial activities.

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RADIOCOMMUNICATIONS ACT 1983 No. 130, 1983 - SECT. 6. Application of Act

6. (1) This Act extends to every external Territory and, except so far as the contrary intention appears, to acts, omissions, matters and things outside Australia, whether or not in a foreign country.

(2) Subject to sub-section (4) of this section and sub-section 65 (11), to the extent that a provision of this Act has effect in and in relation to any waters or place outside Australia, that provision applies only in relation to- (a) Australian citizens ordinarily resident in Australia, in respect of radio transmissions intended to be received in Australia, other than- (i) radio transmissions made by a bona fide member of the crew of a foreign vessel or foreign aircraft in the course of his duties as such a member; or (ii) radio transmissions made from a foreign country by a person in the performance of a duty imposed by the law of that country; or (b) members of the crew of Australian aircraft and Australian vessels; (c) Australian aircraft, Australian satellites and Australian vessels; and (d) an act, matter or thing to which this Act, in its application by virtue of sub-section (6), extends.

(3) For the purposes of paragraph (2) (a), a radio transmission that is intended to be re-transmitted to Australia shall be deemed to be intended to be received in Australia.

(4) This Act does not extend to foreign satellites.

(5) Subject to the provisions of any agreement between Australia or any other country or countries that makes provision for or in relation to radio transmission, this Act does not extend to receivers or transmitters on board a foreign vessel or foreign aircraft that is travelling or is in transit (whether in or outside Australia) on a voyage or flight- (a) from a point outside Australia to a port or airport in Australia; (b) from a port or airport in Australia to a point outside Australia; or (c) from a point outside Australia to another point outside Australia.

(6) Subject to sub-sections (2) and (7), the provisions of this Act apply in relation to the adjacent areas in respect of the States and Territories as if references in this Act (other than this section) to Australia, when used in a geographical sense, included references to the adjacent areas in respect of the States and Territories.

(7) The application of the provisions of this Act in relation to the adjacent areas in respect of the States and Territories by virtue of sub-section (6) extends to and in relation to all acts, matters and things touching, concerning, arising out of or connected with the exploration of, or the exploitation of the resources of, the continental shelf of Australia or of an external Territory and, subject to sub-section (2), not otherwise.

(8) Without limiting the generality of sub-section (7), the application of the provisions of this Act in relation to the adjacent areas in respect of the States and Territories by virtue of sub-section (6) extends to and in relation to all acts done by or in relation to, and all matters, circumstances and things affecting, any person who is in the adjacent area in respect of a State or Territory for a reason touching, concerning, arising out of or connected with the exploration of, or the exploitation of the resources of, the continental shelf of Australia or of an external Territory.

(9) In this section, ''adjacent area'', in relation to a State or Territory, has the same meaning as in the Petroleum (Submerged Lands) Act 1967, but does not include an area that is within Australia.

RADIOCOMMUNICATIONS ACT 1983 No. 130, 1983 - SECT. 7. International agreements, &c.

7. (1) The Minister, a Commissioner or a conciliator, in exercising a power conferred on him by Part II, III, IV, V, VI, VII, IX or X, shall have regard to- (a) any agreement between Australia and another country or countries, being an agreement that makes provision for or in relation to radio transmission; and
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(b) any prescribed instrument or writing, but nothing in this sub-section limits the generality of the matters to which he may have regard in exercising those powers.

(2) Regulations made for the purposes of paragraph (1) (b) may prescribe a specified instrument or writing as in force or in existence at the time when the regulations came into effect or as amended or altered from time to time.

RADIOCOMMUNICATIONS ACT 1983 No. 130, 1983 - SECT. 8. Further provision with respect to certain persons

8. (1) Subject to sub-section (2), the prescribed provisions of this Act do not apply in relation to any act or thing done or omitted to be done by a member of the Defence Force, or by an officer of the Department of Defence, in the performance of his functions or duties as such a member or officer, as the case may be, in relation to command and control, intelligence or weapons systems.

(2) The regulations may make provision for the application, in specified circumstances, of any or all of the prescribed provisions of this Act to a member of the Defence Force, or to an officer of the Department of Defence, in the performance of his functions or duties as mentioned in sub-section (1).

(3) This Act does not apply in relation to any act or thing done or omitted to be done by a person performing a function or duty in relation to the operation of a facility that is- (a) jointly operated by the Commonwealth and a foreign country; and (b) a special defence undertaking for the purposes of the Defence (Special Undertakings) Act 1952.

(4) This Act does not apply in relation to any act or thing done or omitted to be done by a member of the Defence Force, or by an officer of the Department of Defence, in the performance of his functions or duties as such a member or officer, as the case may be, in relation to the operation of an organization, being an organization- (a) that is part of the Defence Force or part of the Department of Defence; and (b) the purpose of which relates to- (i) research for purposes in connection with defence; or (ii) intelligence.

(5) This Act does not apply in relation to any act or thing done or omitted to be done by or on behalf of- (a) the Australian Secret Intelligence Service; or (b) the Australian Security Intelligence Organization.

(6) The regulations may make provision for and in relation to- (a) the exemption of acts or things done, or omitted to be done, by members of a prescribed class of persons from any or all of the prescribed provisions of this Act; and (b) the modification of any or all of the prescribed provisions of this Act, so far as they relate to acts or things done, or omitted to be done, by those members.

(7) In this section- ''prescribed class of persons'' means persons included in a class of persons specified in the regulations, being persons performing a function or duty in or in relation to- (a) the defence, security or international relations of Australia or of a foreign country whose naval, military or air force is acting in co-operation with the Defence Force of Australia; (b) the Australian Federal Police or the police force of a State or Territory; or (c) a fire-fighting, civil defence or rescue organization, an ambulance service, the Royal Flying Doctor Service or any other organization the sole or principal purpose of which involves securing the safety of persons during an emergency; ''prescribed provisions of this Act'' means sections 11, 23, 37 and 65.

(8) The reference in sub-section (1) to a function or duty of a member of the Defence Force, or of an officer of the Department of Defence, in relation to command and control, intelligence or weapons systems is a reference to a function or duty that, under the regulations, is to be taken, for the purposes

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of that sub-section, to be a function or duty in relation to command and control, intelligence or weapons systems, as the case may be.

RADIOCOMMUNICATIONS ACT 1983 No. 130, 1983 - SECT. 9. Standards

PART II-STANDARDS Division 1-Making of, and compliance with, standards 9. (1) Subject to this section, the Minister may, by instrument in writing, make standards for specified devices or devices included in a specified class of devices.

(2) Before making a standard, the Minister shall, by notice published in accordance with the regulations- (a) set out the standard that he proposes to make; (b) invite interested persons to make representations in connection with the proposed standard by such date, not being less than 1 month after the date of publication of the notice, as is specified in the notice; and (c) specify an address or addresses to which representations in connection with the proposed standard may be forwarded.

(3) A person may, not later than the date specified in the notice, make representations to the Min