Commonwealth Numbered Acts

TELECOMMUNICATIONS ACT 1997 No. 47 of 1997 - SECT 31

(1) A reference in this Act to a designated radiocommunications facility is a
reference to:

   (a)  a base station used, or for use, to supply a public mobile
        telecommunications service; or

   (b)  a base station that is part of a terrestrial radiocommunications
        customer access network; or

   (c)  a fixed radiocommunications link; or

   (d)  a satellite-based facility; or

   (e)  a radiocommunications transmitter of a kind specified in a
        determination under subsection (2); or

   (f)  a radiocommunications receiver of a kind specified in a determination
        under subsection (3); but does not include a reference to:

   (g)  a base station of a kind declared under subsection (5) to be exempt
        from this section; or

   (h)  a fixed radiocommunications link of a kind declared under subsection
        (5) to be exempt from this section; or

   (i)  a satellite-based facility of a kind declared under subsection (5) to
        be exempt from this section. Note 1: Public mobile telecommunications
        service is defined by section 32. Note 2: Base station that is part of
        a terrestrial radiocommunications customer access network is defined
        by section 34. Note 3: Fixed radiocommunications link is defined by
        section 35. Note 4: Satellite-based facility is defined by section 7.

(2) The Minister may make a written determination for the purposes of
paragraph (1)(e).

(3) The Minister may make a written determination for the purposes of
paragraph (1)(f).

(4) A determination under subsection (2) or (3) is a disallowable instrument
for the purposes of section 46A of the Acts Interpretation  Act 1901.

(5) The Minister may make a written declaration for the purposes of paragraph
(1)(g), (h) or (i).

(6) A declaration under subsection (5) is a disallowable instrument for the
purposes of section 46A of the Acts Interpretation Act 1901.

(7) To avoid doubt, nothing in the other provisions of this Part limits a
power conferred by subsection (2), (3) or (5).