Definitions in the Schedule
6 Definitions in the Schedule
Generally
Unless the contrary intention appears, the definition of an expression in the Schedule applies to each use of the expression in the following instruments:
this instrument;
a determination made under any of the following:
subsection 60(1) of the ACMA Act;
subsection 7(1) of the Radiocommunications (Receiver Licence Tax) Act 1983;
subsection 7(1) of the Radiocommunications (Spectrum Licence Tax) Act 1997;
subsection 7(1) of the Radiocommunications (Transmitter Licence Tax) Act 1983;
a determination made under any of the following provisions of the Act:
section 5 (definition of Australian space object);
paragraph 7(1)(a);
paragraph 7(1)(b);
section 10A;
paragraph 16(1)(ca);
subsection 98(1);
subsection 110A(1);
subsection 110A(2);
subsection 115(1);
subsection 119(1);
subsection 131AC(1);
paragraph 144(1)(c);
paragraph 144(1)(d);
paragraph 144(1)(e);
paragraph 147(1)(c);
paragraph 147(1)(d);
paragraph 147(1)(e);
subsection 300(1);
a spectrum plan prepared under subsection 30(1) of the Act;
a frequency band plan prepared under subsection 32(1) of the Act;
a class licence issued under subsection 132(1) of the Act;
equipment rules made under subsection 156(1) of the Act.
For the definitions in the Schedule, section 23 of the Acts Interpretation Act 1901 provides that words in the singular number include the plural, and words in the plural number include the singular. The application of that section to the definitions is subject to a contrary intention.
Transitional
Unless the contrary intention appears, if:
an instrument is specified in subsection (1) (the specified instrument); and
the specified instrument was in force immediately before 31 March 2025; and
the specified instrument has not been amended since 31 March 2025; and
the specified instrument uses either or both of the following expressions:
PABX cordless telephone service;
major coast B station;
the definition of that expression in the Radiocommunications (Interpretation) Determination 2015, as in force immediately before this instrument commenced, applies to the expression in the specified instrument.
Subsection (4) applies in relation to a place (the relevant place) if:
immediately before 31 March 2025, the relevant place was not a communal site, within the meaning given by the Radiocommunications (Interpretation) Determination 2015, as in force at that time; and
but for subsection (4), the relevant place would be a communal site at the start of 31 March 2025, within the meaning of this instrument as in force at that time.
The definition of communal site in this instrument only requires 2 or more fixed transmitters to be operating from a place. The definition in the Radiocommunications (Interpretation) Determination 2015, as in force immediately before 31 March 2025, required 3 or more fixed transmitters to be operated from the place.
Despite Schedule 1, the relevant place is not a communal site until the first time, on or after 31 March 2025, that the place is a communal site within the meaning given by the Radiocommunications (Interpretation) Determination 2015, as in force immediately before 31 March 2025.
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