Federal Register of Legislation - Australian Government

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Determinations/Communications as made
This determination revokes the Radiocommunications (Qualified Operators) Determination 2005 with modifications to update and to replace outdated provisions.
Administered by: Infrastructure, Transport, Regional Development and Communications
Registered 23 Mar 2016
Tabling HistoryDate
Tabled HR18-Apr-2016
Tabled Senate18-Apr-2016

Radiocommunications (Qualified Operators) Determination 2016

Radiocommunications Act 1992

The AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY makes this Determination under section 119 of the Radiocommunications Act 1992

Dated:  21 March 2016


Richard Bean
[signed]
Member


Brendan Byrne
[signed]
Member / General Manager

  

1              Name of Determination

                This Determination is the Radiocommunications (Qualified Operators) Determination 2016.

2              Commencement

                This Determination commences on the day after it is registered.

                Note  All legislation is registered on the Federal Register of Legislation kept under the Legislation Act 2003. See www.legislation.gov.au.

3              Revocation

                The Radiocommunications (Qualified Operators) Determination 2005 [F2005L03116] is revoked.

4              Interpretation

         (1)   In this Determination:

                AMSA has the meaning given by the Navigation Act 2012.

                GMDSS Certificate has the meaning given by the Marine Orders – Part 6: Marine Radio Qualifications, Issue 5.

                ITU Radio Regulations – Article 47 means Article 47 of the Radio Regulations published by the International Telecommunications Union, as existing from time to time.

                major coast station means a station that is a major coast A station or a major coast B station.

                      Note 1    The Marine Orders – Part 6: Marine Radio Qualifications, Issue 5 are available on the Federal Register of Legislation.

                      Note 2    In accordance with paragraph 13(1)(b) of the Legislation Act 2003, other expressions in this Determination have the same meaning as in the Act, including:

·         certificate of proficiency

·         qualified operator

·         transmitter

·         transmitter licence

                     Note 3    In accordance with section 64 of the Australian Communications and Media Authority Act 2005, other expressions in this Determination have the same meaning as in the Radiocommunications (Interpretation) Determination 2015, including:

·         Act

·         amateur advanced station

·         amateur beacon station

·         amateur foundation station

·         amateur licence

·         amateur repeater station

·         amateur standard station

·         HF

·         limited coast assigned system station

·         limited coast marine rescue station

·         limited coast non assigned station

·         major coast A station

·         major coast B station

·         maritime coast licence

·         maritime ship licence

·         MF

·         ship station Class B

·         ship station Class C

         (2)   In this Determination, unless the contrary intention appears, a reference to another legislative instrument is a reference to that other legislative instrument as in force from time to time.

                 Note 1    For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.

                     Note 2    All Commonwealth Acts and legislative instruments are available at www.legislation.gov.au.

5              Qualified operators

         (1)   For section 119 of the Act, and subject to subsection (2), a person must be a qualified operator to operate a transmitter under an amateur licence that authorises a person to operate:

                (a)    an amateur advanced station; or

               (b)    an amateur beacon station; or

                (c)    an amateur foundation station; or

               (d)    an amateur repeater station; or

                (e)    an amateur standard station.

         (2)   Subsection (1) does not apply to a person who is a qualified person within the meaning of the Radiocommunications Licence Conditions (Amateur Licence) Determination 2015.

         (3)   For section 119 of the Act, and subject to subsection (4), a person must be a qualified operator to operate a transmitter under a transmitter licence included in the following classes of transmitter licences:

                (a)    maritime coast licences that authorise a person to operate:

                          (i)    a limited coast assigned system station; or

                         (ii)    a limited coast marine rescue station; or

                        (iii)    a limited coast non assigned station; or

                        (iv)    a major coast station;

               (b)    maritime ship licences that authorise a person to operate a ship station Class B.

         (4)   Subsection (3) does not apply to a person in relation to a licence specified in column 1 of the table in the Schedule, if the person holds the overseas qualification specified in the corresponding item in column 2 of the table.

         (5)   For section 119 of the Act, and subject to subsection (6), a person must be a qualified operator to operate a transmitter under a maritime ship licence that authorises a person to operate a ship station Class C.

         (6)   Subsection (5) does not apply to a person who holds:

                (a)    a GMDSS Certificate; or

               (b)    overseas qualifications recognised by the AMSA as equivalent qualifications to a GMDSS Certificate.


 Schedule          Overseas qualifications for maritime licences

(subsection 5(4))

                Table of overseas qualifications

Item

Column 1

Licence

Column 2

Overseas qualification

1

Maritime coast licence that authorises a person to operate:

(a)     a limited coast assigned system station on frequencies in the MF or HF bands;

(b)     a limited coast non-assigned station on frequencies in the MF or HF bands;

(c)     a limited coast marine rescue station on frequencies in the MF or HF bands

(a)     First-class radio electronic certificate

(b)     Second-class radio electronic certificate

(c)     General operator’s certificate

(d)     Long-range certificate

2

Maritime ship licence that authorises a person to operate a ship station class B

(a)     First-class radio electronic certificate

(b)     Second-class radio electronic certificate

(c)     General operator’s certificate

(d)     Long-range certificate

3

Maritime coast licence that authorises a person to operate a major coast station

(a)     First-class radio electronic certificate

(b)     Second-class radio electronic certificate

(c)     General operator’s certificate

4

Any maritime coast licence, or any maritime ship licence that authorises a person to operate a ship station other than a ship station class B, mentioned in subsection 5(3) of this Determination but not otherwise mentioned in this table

(a)     First-class radio electronic certificate

(b)     Second-class radio electronic certificate

(c)     General operator’s certificate

(d)     Long-range certificate

(e)     Short-range certificate

In this table:

                (a)    a reference to a certificate is a reference to a certificate of the same name mentioned in the ITU Radio Regulations – Article 47;

               (b)    a reference to a certificate includes a reference to a certificate replaced by that certificate.

                 Note        The ITU Radio Regulations – Article 47 lists certificates that have been superseded by the certificates specified in the table (see Nos. 47.26A to 47.26F).