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RADIOCOMMUNICATIONS ACT 1992 - SECT 20

Radio transmissions for the purpose of measurement

             (1)  This Act applies in relation to:

                     (a)  a measurement transmission made in the course of, or in relation to:

                              (i)  trade and commerce between Australia and places outside Australia; or

                             (ii)  trade and commerce among the States; or

                            (iii)  trade and commerce within a Territory, between a State and a Territory or between 2 Territories; or

                            (iv)  any trading activity of a trading corporation, or any other activity of the corporation carried on for the purpose of its trading activities; or

                             (v)  any other activity carried on by a trading corporation; or

                            (vi)  any financial activity of a financial corporation, or any other activity of the corporation carried on for the purpose of its financial activities; or

                           (vii)  any other activity carried on by a financial corporation; or

                           (viii)  the operation of lighthouses, lightships, beacons or buoys; or

                            (ix)  the making of astronomical or meteorological observations; or

                     (b)  a measurement transmission made by or on behalf of the Commonwealth, an authority or instrumentality of the Commonwealth, a foreign corporation or a body corporate incorporated in a Territory; or

                     (c)  a measurement transmission made in a Territory or a place outside Australia; or

                     (d)  any other measurement transmission;

in the same way as it applies in relation to radiocommunication.

Note:          Section 6 sets out the general meaning of radiocommunication .

             (2)  This Act applies in relation to:

                     (a)  a measurement transmitter used in the course of, or in relation to:

                              (i)  trade and commerce between Australia and places outside Australia; or

                             (ii)  trade and commerce among the States; or

                            (iii)  trade and commerce within a Territory, between a State and a Territory or between 2 Territories; or

                            (iv)  any trading activity of a trading corporation, or any other activity of the corporation carried on for the purpose of its trading activities; or

                             (v)  any other activity carried on by a trading corporation; or

                            (vi)  any financial activity of a financial corporation, or any other activity of the corporation carried on for the purpose of its financial activities; or

                           (vii)  any other activity carried on by a financial corporation; or

                           (viii)  the operation of lighthouses, lightships, beacons or buoys; or

                            (ix)  the making of astronomical or meteorological observations; or

                     (b)  a measurement transmitter used by or on behalf of the Commonwealth, an authority or instrumentality of the Commonwealth, a foreign corporation or a body corporate incorporated in a Territory; or

                     (c)  a measurement transmitter in a Territory or a place outside Australia; or

                     (d)  any other measurement transmitter;

in the same way as it applies in relation to a radiocommunications transmitter.

Note:          Subsection 7(2) sets out the general meaning of radiocommunications transmitter .

             (3)  This section does not apply with respect to:

                     (a)  State banking that does not extend beyond the limits of the State concerned; or

                     (b)  State insurance that does not so extend.

             (4)  In this section:

"financial corporation" means a financial corporation to which paragraph 51(xx) of the Constitution applies, and includes a body corporate formed within the limits of Australia that carries on as its sole or principal business the business of:

                     (a)  banking within the meaning of paragraph 51(xiii) of the Constitution; or

                     (b)  insurance within the meaning of paragraph 51(xiv) of the Constitution.

"foreign corporation" means a foreign corporation to which paragraph 51(xx) of the Constitution applies.

"measurement transmission" means radio emission for purposes connected with making a measurement by means of the propagation or other qualities of radio emission.

"measurement transmitter" means a transmitter designed or intended for measurement transmission.

"trading corporation" means a trading corporation to which paragraph 51(xx) of the Constitution applies.



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