Part 4 Examinations for certificates of proficiency
13 Examinations conducted under the Regulations
(1) The ACMA may conduct, or arrange the conducting of, examinations referred to in this Part.
(2) The examination specified in Column 2 of an item in Schedule 1 is an examination conducted by or for the ACMA for a certificate that relates to a licence for a transmitter that is, or forms part of, a station described in Column 3 of that item.
14 Restricted Operator’s Examination
(1) A Restricted Operator’s Examination may be conducted for radiotelegraphy or radiotelephony, or both.
(2) A Restricted Operator’s Examination in radiotelegraphy is an examination conducted by an authorised person in relation to the following matters:
(a) practical knowledge of the working and adjustment of any type of radiotelegraph installation specified by the ACMA by notice in the Gazette;
(b) ability to send correctly, and to receive correctly by ear, in Morse code, a message in plain language at a speed of 10 words per minute;
(c) knowledge of the regulations in force under the Telecommunication Convention relating to:
(i) the exchange of radiotelegraph communications; and
(ii) interference; and
(iii) the Distress, Urgency, Alarm and Safety Signals;
(d) knowledge of the precautions necessary to ensure the safety of an installation referred to in paragraph (a) and the user of the installation.
(3) A Restricted Operator’s Examination in radiotelephony is an examination conducted by an authorised person in relation to the following matters:
(a) practical knowledge of the working and adjustment of any type of radiotelephone installation specified by the ACMA by notice in the Gazette;
(b) ability to send and receive correctly messages by radiotelephone;
(c) knowledge of the regulations in force under the Telecommunication Convention relating to:
(i) the exchange of radiotelephone communications; and
(ii) interference; and
(iii) the Distress, Urgency, Alarm and Safety Signals;
(d) knowledge of the precautions necessary to ensure the safety of an installation referred to in paragraph (a) and the user of the installation.
(4) A Restricted Operator’s Examination in both radiotelegraphy and radiotelephony is an examination conducted by an authorised person in relation to the matters specified in subregulations (2) and (3).
18 First‑Class and Second‑Class Radio Electronic Operator’s Examinations
A First‑Class Radio Electronic Operator’s Examination and a Second‑Class Radio Electronic Operator’s Examination are examinations conducted by an authorised person in relation to the following matters:
(a) knowledge of the principles of electricity and of the theory of radio and electronics;
(b) for a First‑Class Radio Electronic Operator’s Examination — a detailed theoretical knowledge of the types of radiocommunication equipment specified by the ACMA by notice in the Gazette in relation to the examination;
(c) for a Second‑Class Radio Electronic Operator’s Examination — a general theoretical knowledge of the types of radiocommunication equipment specified by the ACMA by notice in the Gazette in relation to the examination;
(d) general knowledge of the principles of equipment used for radionavigation;
(e) for a First‑Class Radio Electronic Operator’s Examination — practical knowledge necessary for the locating and repairing (using appropriate testing equipment and tools) faults which may occur on board a ship in the equipment referred to in paragraphs (b) and (d);
(f) for a Second‑Class Radio Electronic Operator’s Examination — practical knowledge necessary for repairing faults in equipment referred to in paragraphs (c) and (d), using the means available on board a ship and, if necessary, replacing modular units;
(g) detailed practical knowledge of global maritime distress and safety subsystems and associated equipment;
(h) ability to send and receive correctly by radiotelephone and direct‑printing radiotelegraph installations;
(i) detailed knowledge of the regulations applying to radiocommunication in force under the Telecommunication Convention;
(j) knowledge of the recommendations relating to charges for radiocommunication published by the International Telegraphic and Telephone Consultative Committee of the International Telecommunications Union and specified, in relation to the examination, by the ACMA by notice in the Gazette;
(k) knowledge of the provisions of SOLAS that relate to radiocommunication.
19 General Operator’s Examination
A General Operator’s Examination is an examination conducted by an authorised person in relation to the following matters:
(a) detailed practical knowledge of global maritime distress and safety subsystems and associated equipment that are specified by the ACMA by notice in the Gazette;
(b) ability to send and receive correctly by radiotelephone and direct‑printing radiotelegraph installations;
(c) detailed knowledge of the regulations applying to radiocommunication in force under the Telecommunication Convention;
(d) knowledge of the recommendations relating to charges for radiocommunication published by the International Telegraphic and Telephone Consultative Committee of the International Telecommunications Union and specified by the ACMA by notice in the Gazette;
(e) knowledge of the provisions of SOLAS that relate to radiocommunication.
20 When ACMA must give notice of examinations
If, under this Part, the ACMA is required to give notice in the Gazette about an examination, the ACMA must give the notice at least 14 days before the day when the examination is to be held.
21 Notice for examination
(1) If an applicant applies for a certificate and is required to undertake an examination in relation to that application, the ACMA must give the applicant notice in writing setting out:
(a) the time and place of the examination; and
(b) the charge (if any) determined by the ACMA under section 60 of the Australian Communications and Media Authority Act 2005 for the examination and the time when the charge is payable.
(2) If a charge is payable for an examination before the examination is conducted, an applicant for a certificate is not entitled to undertake the examination unless the applicant has paid the charge.
(3) An applicant who has paid the charge for an examination and does not undertake the examination is not entitled to a refund of the charge.
22 Examination result and reassessment
(1) If an applicant for a certificate undertakes an examination for that certificate, an authorised person must give notice in writing to the applicant as soon as practicable after the examination is conducted:
(a) of the result of the examination; and
(b) that the applicant is entitled to apply in writing to the ACMA, within 28 days after the day on which the notice is given, for a reassessment of the result of the examination, except an examination referred to in paragraph 14 (2) (b), 15 (c) or 17 (c) relating to the sending of a message in Morse Code.
(2) The ACMA may extend the period referred to in subregulation (1) for a further period specified in the notice if it is reasonable in all the circumstances to do so and whether or not the initial period has expired.
(3) If an applicant for a certificate applies to the ACMA, in accordance with this regulation, for reassessment of the result of an examination, the ACMA, or an authorised person, must direct an authorised person:
(a) to make the reassessment; and
(b) as soon as practicable after making the reassessment — to give notice in writing to the applicant of the result of the reassessment.
Part 5 Payment of penalties
23 When may an infringement notice be served?
If there are reasonable grounds for believing that a person has committed an offence of a minor nature against a provision mentioned in section 315 of the Act, an authorised person may serve, or cause to be served, an infringement notice on that person.
24 How is an infringement notice to be served?
(1) An authorised person may serve an infringement notice on an individual:
(a) by giving it to the individual personally; or
(b) by leaving it at, or sending it by post to, the residential or business address of the individual that is last known to the officer; or
(c) by giving it, at the residence or place of business that is last known to the officer, to a person who is, or whom the officer reasonably believes is:
(i) above the age of 16 years; and
(ii) an occupant of, or employed at, the residence or place.
(2) An authorised person may serve an infringement notice on a body corporate:
(a) by sending it by post to the head office, registered office, principal office or other postal address of the body corporate; or
(b) by giving it, at the head office, registered office, principal office or other place of business of the body corporate, to a person who is, or whom the officer reasonably believes is:
(i) above the age of 16 years; and
(ii) an officer of, or in the service of, the body corporate.
(3) An infringement notice may also be served:
(a) by another person acting on behalf of an authorised person in the manner set out in subregulation (1) or (2); or
(b) by an authorised person, or by another person acting on behalf of an authorised person, in the manner set out in regulation 45.
25 What must be included in an infringement notice?
(1) An infringement notice must be signed by the person who issues it, or causes it to be issued, and must contain:
(a) a statement of the name of the authorised person who issues it, or causes it to be issued; and
(b) a statement setting out the nature of the alleged offence and when and where the offence is alleged to have been committed; and
(c) a statement to the effect that, if the person on whom the notice is served does not wish the matter to be dealt with by a court, he or she may pay a penalty of an amount worked out in accordance with section 315 of the Act in relation to the alleged offence, being the amount specified in the notice, within the period of 28 days after the date of the notice unless the notice is sooner withdrawn; and
(d) information describing where and how the penalty may be paid; and
(e) a statement setting out the procedures under these Regulations relating to the withdrawal of notices and the consequences of the withdrawal of a notice;
(f) a statement to the effect that if the person pays the penalty within the period referred to in the notice or any further period (not being more than 14 days) that an authorised person allows (whether before or after the end of the period referred to in the notice), or if the notice is withdrawn after the person has paid the penalty:
(i) any liability of the person for the alleged offence is regarded as being discharged; and
(ii) no further proceedings may be taken for the alleged offence; and
(iii) the person is not to be regarded as having been convicted of the alleged offence.
(2) An infringement notice may contain any other matters that the ACMA considers relevant.
26 What is the effect of withdrawal of an infringement notice?
(1) If an infringement notice has been served on a person, an authorised person may at any time before the expiration of 28 days after the date of the notice, by notice in writing served on the person, withdraw the infringement notice.
(2) If:
(a) an infringement notice has been served on a person; and
(b) the person has paid the penalty in relation to the alleged offence in accordance with the notice; and
(c) the notice is subsequently withdrawn;
an authorised person must cause to be refunded to the person an amount equal to the penalty paid by the person.
27 What happens if the penalty is paid?
(1) If an infringement notice is served on a person and:
(a) the person pays the penalty within the period referred to in the notice or any further period (not being more than 14 days) that an authorised person allows (whether before or after the end of the period referred to in the notice); or
(b) the notice is withdrawn after the person has paid the penalty;
then:
(c) any liability of the person for the alleged offence is regarded as being discharged; and
(d) no further proceedings may be taken for the alleged offence.
(2) If subregulation (1) applies to a person, the person is not to be regarded as having been convicted of the alleged offence.
28 What happens if the penalty is paid by cheque?
If the amount of a penalty is paid by cheque, payment is taken not to have been made unless the cheque is honoured upon presentation.
29 What happens if more than one notice is served in relation to the same alleged offence?
Nothing in this Part prevents the service of more than one infringement notice on a person for the same alleged offence, but regulation 27 applies to the person if the person pays the penalty in relation to the alleged offence in accordance with any one of those notices.
30 What effect does this Part have on the institution and prosecution of proceedings?
Nothing in this Part:
(a) requires an infringement notice to be served in relation to an alleged offence; or
(b) affects the liability of a person to be prosecuted for an alleged offence if the person does not comply with an infringement notice; or
(c) affects the liability of a person to be prosecuted for an alleged offence if an infringement notice is not served on the person in relation to the offence, or if an infringement notice is served on the person and subsequently withdrawn; or
(d) limits the amount of the fine that may be imposed by a court on a person convicted of an alleged offence.
31 Evidentiary matters
(1) At the hearing of a prosecution for an offence referred to in an infringement notice, a certificate signed by an authorised person that states that:
(a) under paragraph 27 (1) (a), the authorised person did not allow further time for payment of the penalty; and
(b) the penalty was not paid in accordance with the notice within 28 days after the date of service of the notice;
is evidence of those matters.
(2) At the hearing of a prosecution for an offence referred to in an infringement notice, a certificate signed by an authorised person that states that:
(a) under paragraph 27 (1) (a), the authorised person allowed the further time set out in the evidentiary certificate for payment of the penalty; and
(b) the penalty was not paid in accordance with the notice within the further time allowed;
is evidence of those matters.
(3) A certificate that purports to have been signed by an authorised person is taken to have been signed by the authorised person unless the contrary is proved.
Part 6 Miscellaneous
32A Prescribed transmitter licences — scientific licences
For paragraph (c) of the definition of datacasting transmitter licence in section 5 of the Act, a scientific licence mentioned in item 14 in Schedule 1 of the Radiocommunications (Transmitter and Receiver Licences) Determination made on 30 March 1995 is prescribed.
Note The Radiocommunications (Interpretation) Determination 2000 declares itself to apply to all Determinations made under subsection 98 (1) of the Act (see section 5). The definition of scientific licence mentioned in this regulation is contained in Schedule 1 of that Determination.
32 Officers who may give directions to which subsection 108 (3) of the Act applies
The classes of officers referred to in Column 3 of Schedule 2 and the organisations referred to in Column 4 of that Schedule are specified for the purposes of subparagraph 108 (3) (b) (v) of the Act.
33 Words describing intention to use device outside Australia
For the purposes of paragraph 173 (2) (b) of the Act, the following words are authorised as a statement indicating that a device is intended to be used solely outside Australia:
“This device is intended to be used only outside Australia”.
34 Organisations specified for the purposes of paragraph 193 (1) (a) of the Act
Each organisation referred to in an item in Part 1 or 2 of Schedule 3 is specified for the purposes of paragraph 193 (1) (a) of the Act.
36 Form of warrant
The form of warrant for the purposes of section 269 of the Act is the form in Schedule 4.
38 Prescribed instrument (Act s 299)
For paragraph 299 (1) (b) of the Act, the Timor Sea Treaty (being the Treaty defined by subsection 5 (1) of the Petroleum (Timor Sea Treaty) Act 2003), as amended from time to time, is prescribed.
39 Qualifications required by officers who issue evidentiary certificates
For the purposes of subsection 305 (1) of the Act, the qualifications required, or that have at any time been required, by a person for the purposes of entry to the Australian Public Service as a Technical Officer are specified as the qualifications that must be held by a Commonwealth officer who may issue an evidentiary certificate under that subsection.
40 Directions that may be given by inspectors
(1) To avoid interference to radiocommunications, an inspector may give to a licensee directions in writing that are reasonably necessary for the operation of a station or service, being directions in relation to:
(a) the installation, maintenance and operation of a station or service; and
(b) any accessory apparatus used, or to be used, in the operation of the station or service.
(2) A licensee must comply with a direction under subregulation (1).
Penalty: 10 penalty units.
(3) Strict liability applies to the physical element of an offence under subregulation (2) that the direction was a direction under subregulation (1).
(4) A licensee must not engage in conduct that results in alteration to a station or service, or to any accessory apparatus used in the operation of the station or service, if:
(a) the licensee is not acting:
(i) in accordance with a direction given under subregulation (1); or
(ii) with the consent in writing of an inspector; and
(b) the alteration is of a kind that is likely to cause interference to radiocommunications.
Penalty: 10 penalty units.
41 Issue of duplicate instruments
If a licence, certificate or permit is issued to a person under the Act has been lost or destroyed, the holder of the original licence, certificate or permit may apply to the ACMA for issue to the holder of a duplicate.
42 Authorised persons
The ACMA may, by written instrument, appoint a member of the staff of the ACMA as an authorised person for these regulations.
45 Service of notices
(1) If the Act requires:
(a) service of a notice on a person; or
(b) that a person be given a copy of a document;
the notice or copy may be given by facsimile transmission to the facsimile receiver (if any) last known to the person sending the transmission as being the receiver at which the addressee receives facsimile transmissions.
(2) The method of service described in subregulation (1) is in addition to any other permitted method of service.
(3) In the absence of evidence to the contrary, a facsimile transmission is taken to have been given to a person at the time the transmission is sent to the receiver referred to in subregulation (1).
46 Repeal of former Radiocommunications (Licensing and General) Regulations
Statutory Rules 1985 Nos 195 and 221, 1986 Nos 125, 197, 213 and 278, 1987 Nos 61, 272 and 332, 1988 Nos 120, 156 and 348, 1989 Nos 193, 314 and 319, 1990 Nos 353 and 358, 1991 Nos 78, 346 and 360 and 1992 Nos 197, 307 and 309 are repealed.