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Australian Government - Australian Communications and Media Authority

Radiocommunications (Accreditation - Frequency Assignment and Interference Impact Certificates) Principles No. 1 of 1996

I, CHRISTINE MARY GOODE, Spectrum Manager, acting on behalf of the Spectrum Management Agency, determine the following Principles under section 266 of the Radiocommunications Act 1992.

Dated 29 March 1996.

CHRISTINE M. GOODE
Spectrum Manager

Clause   TABLE OF PROVISIONS
  1. Citation
  2. Commencement
  3. Interpretation
  4. Application of these Principles
  5. Applications for accreditation
  6. Educational and work qualifications for accreditation
  7. Procedure for accreditation
  8. Documents to be given to accredited persons
  9. Procedure for withdrawal of accreditation
  10. Table of Amendments

Citation

1. These Principles are the Radiocommunications (Accreditation - Frequency Assignment and Interference Impact Certificates) Principles No. 1 of 1996.

Commencement

2. These Principles take effect on 1 April 1996.

Interpretation

3. (1) In these Principles, unless the contrary intention appears:

"accredited person" means a person to whom the ACA has given an accreditation under section 263 of the Act

"Act" means the Radiocommunications Act 1992

advisory guidelines means advisory guidelines made by the ACA under section 262 of the Act.

applicant means an applicant for accreditation for section 263 of the Act.

approved means approved in writing by the ACA.

government employee means a person:

  1. employed by the Commonwealth or a State or Territory or
  2. employed by a body corporate established for a public purpose by or under a law of the Commonwealth or a State or Territory or
  3. employed by a body corporate:
  1. incorporated under a law of the Commonwealth or a State or Territory and
  2.  in which the Commonwealth, State or Territory has a controlling interest or
  1. who is a member of the Australian Defence Force.

government employment means employment as a government employee, with functions that include the issuing of prescribed certificates.

insurance policy means an insurance policy:

  1. issued by a body corporate granted an authority under Part III of the Insurance Act 1973 to carry on insurance business and
  2. indemnifying an accredited person in respect of any loss or damage up to $2,000,000 as a result of the person's negligence when issuing a prescribed certificate, or otherwise acting as an accredited person.

"ITU" means the International Telecommunication Union

" prescribed certificate" means:

  1. a frequency assignment certificate that is mentioned in subsection 100 (4A) of the Act or
  2. a certificate issued under subsection 145 (3) of the Act for presentation to the ACA.

(2) A reference in these Principles to:

  1. another instrument made under the Act or
  2. a publication by the ITU or
  3. another document published by the ACA

includes a reference to the instrument, publication or other document as in force from time to time.

Application of these Principles

4. These Principles apply in relation to the accreditation of a person to issue prescribed certificates.

Applications for accreditation

5. (1) An application for accreditation must include the following particulars of the applicant:

  1. full name and business or residential address
  2. business or residential telephone number
  3. date of birth
  4. relevant educational qualifications
  5. relevant work history

(2) The application must also include the name, address and telephone number of each of the applicant's referees for the application.

(3) The application must also specify the kind of certificates that the applicant proposes to issue if the accreditation were given.

(4) The application must also include a declaration, signed by the applicant, that the information in the application is not false or misleading.

(5) The applicant must also include a completed copy of each approved Deed of Indemnity or undertaking that applies to the applicant.

Note See section 5A

(6) If the applicant undertakes government employment, the applicant must also include a completed approved Deed of Indemnity, from the applicant's employer, that applies to the applicant.

Note See section 5A

(7) To avoid doubt:

  1. strict compliance with each approved Deed of Indemnity, and each undertaking, is required and
  2. subsection 25C of the Acts Interpretation Act 1901 does not apply to the approved Deed of Indemnity or an undertaking.

Note Section 25C of the Acts Interpretation Act 1901 explains a general presumption that it is permissible for a person to use a prescribed form, or to comply substantially with the prescribed form.

5A Approved indemnities and undertakings

  1. The ACA must approve 1 or more forms of a Deed of Indemnity that an applicant is to give it, indemnifying the ACA and its officers, employees, members, subcontractors, volunteers and agents in relation to accreditation matters.
  2. The ACA must approve a form of undertaking that an applicant is to give it, about holding an insurance policy in relation to accreditation matters.
  3. The ACA must approve a form of undertaking that an applicant is to give it, to the effect that, if an applicant becomes a government employee in the future:
  1. the applicant will obtain a completed approved Deed of Indemnity from the applicant's employer in relation to accreditation matters for the government employment and
  2. the applicant will give the Deed to the ACA.
  1. The ACA must approve a form of undertaking that it is to give to an approved applicant, about the extent to which the ACA will rely on the approved Deed of Indemnity.

Educational and work qualifications for accreditation

6. The ACA must not give an accreditation to an applicant unless the applicant:

  1. has:
  1. an associate diploma granted by an Australian technical and further education institution:
  1. in electronic engineering or
  2. in a related discipline

a significant component of which relates to radiocommunications or

  1. qualifications, experience or training that, in the ACA's opinion, is equivalent to a qualification referred to in subparagraph (i) and
  1. has had experience in radiocommunications that is relevant to frequency assignment or interference assessment, for example, experience as a frequency assigner, a radiocommunications network designer or a radiocommunications site manager.

Procedure for accreditation

7. (1) As soon as practicable after an application is received by the ACA, it must establish that:

  1. the application is in the form approved by the ACA and
  2. the applicant's educational qualifications and work experience satisfy the requirements of section 6 and
  3. the ACA has been paid the charge for giving an accreditation.

(2) For the purposes of giving an accreditation to an applicant, the ACA must consider whether conditions relating to the issuing of certificates must be specified in the instrument of accreditation, having regard to:

  1. the need for efficient allocation and use of the spectrum and
  2. any other matter the ACA considers relevant for the purposes of accreditation.

(3) If the ACA decides not to give an accreditation to an applicant, the ACA must, as soon as practicable, give written notice to the applicant of the decision.

Documents to be given to accredited persons

8. (1) An accredited person may request the ACA to provide any of the following documents:

  1. the Spectrum Plan in force from time to time under section 30 of the Act
  2. a frequency band plan
  3. advisory guidelines, or Radiocommunications Assignment and Licensing Instructions or Policy Information Papers published by the ACA
  4. blank forms that may be used by the accredited person to issue prescribed certificates
  5. any determination made under subsection 100 (4B) or 145 (4) of the Act
  6. any other document available from the ACA that, in the ACA's opinion, is necessary for an accredited person to issue prescribed certificates.

(2) On payment of the relevant charge specified in the determination of charges in force from time to time under section 53 of the Australian Communications Authority Act 1997 for the provision of a document mentioned in subsection (1).

Procedure for withdrawal of accreditation

9. (1) For the purposes of deciding whether to withdraw the accreditation of a person, the ACA must take all reasonable steps to inform itself in relation to any of the matters referred to in section 264 of the Act that are relevant to the withdrawal of accreditation from that person.

(2) For subsection (1), the SACA may inform itself on any matter in any way it thinks fit.

(3) The ACA must not decide to withdraw a person's accreditation unless it has made all reasonable inquiries necessary to determine whether the person has exercised a reasonable standard of care when issuing prescribed certificates and has considered:

  1. the results of those inquiries and
  2. any representation made by the person and
  3. whether an unacceptable level of interference to the operation of radiocommunications has been caused by the operation of devices in relation to which those certificates have been issued and the nature and extent, and the likely cause, of the interference and
  4. if the person has issued more than 1 certificate, other than in accordance with the conditions of the person's accreditation the circumstances in which such certificates were issued and
  5. all other matters that, in the ACA's opinion, are relevant to the matter.

(4) If:

  1. the ACA is deciding whether to withdraw the accreditation of a person and
  2. the person has issued certificates for the purposes of subsection 100 (4A) of the Act

the ACA must satisfy itself about whether the person has incorrectly issued the certificates:

  1. advisory guidelines, or Radiocommunications Assignment and Licensing Instructions or Policy Information Papers published by the ACA specify the interference management criteria to be followed by:
  1. examining whether the certificates are consistent with the criteria and
  2. assessing whether the issue of the certificates would, in the ACA's opinion, be likely to cause an unacceptable level of interference to the operation of radiocommunications or
  1. if there are no applicable advisory guidelines, or Radiocommunications Assignment and Licensing Instructions and Policy Information Papers published by the ACA by examining whether the application of interference management criteria developed by the person, and the method developed by the person for applying the criteria, would, in the ACA's opinion , be likely to cause an unacceptable level of interference to the operation of radiocommunications or
  2. by examining whether the person did not comply with the person's obligations under part 4 of the Radiocommunications (Frequency Assignment Certificates) Determination 1996.

(5) If:

  1. the ACA is deciding whether to withdraw the accreditation of a person and
  2. the person has issued certificates for the purposes of subsection 145(3) of the Act

the ACA must satisfy itself about whether the person has incorrectly issued the certificates:

  1. by examining whether the person has failed to correctly estimate the parameters that establish if unacceptable interference exists according to a determination made under subsection 145(4) of the Act or
  2. if:
  1. 20 or more certificates have been issued and
  2. interference has occurred between radiocommunications services in relation to which 1 or more of the certificates have been issued and other radiocommunications services

by examining whether the incidence of such interference in relation to the total number of certificates that have been issued is, in all the circumstances, unreasonable.

TABLE OF AMENDMENTS

1. Radiocommunications (Accreditation - Frequency Assignment and Interference Impact Certificates) Principles No. 1 of 1996, notified in the Commonwealth of Australia Gazette on 1 April 1996 as amended by:

(a) Radiocommunications (Frequency Assignment and Interference Impact Certificates) Principals No 1 of 1996 Amended Principles 1998 notified in the Commonwealth of Australia Gazette on 23 December 1998.

 

Last update: 25 July 2012 16:32