Federal Register of Legislation - Australian Government

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Other as made
This instrument makes minor and consequential changes to help establish a transparent approach to determining whether an overseas licence or qualification amounts to an exception to the requirement for an operator to hold a certificate of proficiency.
Administered by: Communications and the Arts
Registered 23 Mar 2016
Tabling HistoryDate
Tabled HR18-Apr-2016
Tabled Senate18-Apr-2016
Date of repeal 25 Mar 2016
Repealed by Division 1 of Part 3 of Chapter 3 of the Legislation Act 2003

Radiocommunications (Qualified Operators) Consequential Amendments Instrument 2016 (No. 1)

Australian Communications and Media Authority Act 2005, Radiocommunications Act 1992

The AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY makes this Instrument under subsection 64(1) of the Australian Communications and Media Authority Act 2005 and paragraph 107(1)(f) of the Radiocommunications Act 1992.

Dated: 21 March 2016

Richard Bean
[signed]
Member

Brendan Byrne
[signed]
Member /General Manager

Australian Communications and Media Authority


1              Name of Instrument

This Instrument is the Radiocommunications (Qualified Operators) Consequential Amendments Instrument 2016 (No. 1).

2              Commencement

This Instrument commences on the day that the Radiocommunications (Qualified Operators) Determination 2016 commences.

Note           All legislative instruments must be registered on the Federal Register of Legislation required to be maintained under the Legislaton Act 2003.

3              Amendments – Radiocommunications (Interpretation) Determination 2015

Schedule 1 amends the Radiocommunications (Interpretation) Determination 2015 [F2015L00178].

4              Amendments – Radiocommunications Licence Conditions (Amateur Licence) Determination 2015

Schedule 2 amends the Radiocommunications Licence Conditions (Amateur Licence) Determination 2015 [F2015L01113].

5              Amendments – Radiocommunications Licence Conditions (Maritime Ship Licence) Determination 2015

Schedule 3 amends the Radiocommunications Licence Conditions (Maritime Ship Licence) Determination 2015 [F2015L00288].

 


Schedule 1          Amendments Radiocommunications (Interpretation) Determination 2015

(section 3)

1              Schedule 1, definition of amateur advanced station

                  substitute

amateur advanced station means an amateur station where:

(a)            the holder of the transmitter licence that relates to the station is a person to whom:

(i)      a certificate of proficiency has been granted in relation to the Advanced Amateur Operator’s Examination, which is a category of approved examination for the purposes of subsection 122(2) of the Act; or

(ii)     a certificate of proficiency has been granted in relation to the Unrestricted Amateur Operator’s Examination, which is a category of approved examination for the purposes of subsection 122(2) of the Act; or

(iii)    a certificate of proficiency has been granted in relation to the Limited Amateur Operator’s Examination, which is a category of approved examination for the purposes of subsection 122(2) of the Act; or

(b)            either:

(i)      the holder of the transmitter licence that relates to the station; or

(ii)     a person operating the station under the Radiocommunications (Overseas Amateurs Visiting Australia) Class Licence 2015;

holds:

(iii)    an amateur licence, issued by the administration of another country, that is listed in Table A or Table B of the Tables of Equivalent Qualifications and Licences for the purpose of operating an amateur advanced station in Australia; or

(iv)    an amateur qualification, issued by the administration of another country, that is listed in Table A or Table B of the Tables of Equivalent Qualifications and Licences as equivalent to a qualification mentioned in paragraph (a).

2              Schedule 1, paragraph (b) of the definition of amateur foundation station

                  substitute

(b)            who holds:

(i)      an amateur licence, issued by the administration of another country, that is listed in Table A or Table B of the Tables of Equivalent Qualifications and Licences for the purpose of operating an amateur foundation station in Australia; or

(ii)     an amateur qualification, issued by the administration of another country, that is listed in Table A or Table B of the Tables of Equivalent Qualifications and Licences as equivalent to a qualification mentioned in paragraph (a).

3              Schedule 1, paragraph (b) of the definition of amateur standard station

                  substitute

(b)            who holds:

(i)      an amateur licence, issued by the administration of another country, that is listed in Table A or Table B of the Tables of Equivalent Qualifications and Licences for the purpose of operating an amateur standard station in Australia; or

(ii)     an amateur qualification, issued by the administration of another country, that is listed in Table A or Table B of the Tables of Equivalent Qualifications and Licences as equivalent to a qualification mentioned in paragraph (a).

4              Schedule 1, definition of CB repeater station

                  omit

                Radiocommunications (Citizen Band Radio Stations) Class Licence 2002.

                  insert

                Radiocommunications (Citizen Band Radio Stations) Class Licence 2015.

5              Schedule 1, definition of CB station

                  omit

                Radiocommunications (Citizen Band Radio Stations) Class Licence 2002.

                  insert

                Radiocommunications (Citizen Band Radio Stations) Class Licence 2015.

6              Schedule 1, sub-sub-paragraph (b)(iii)(B) of the definition of paging system

                  omit

                (within the meaning of section 3 of the VHF High Band Frequency Band Plan (148 to 174 MHz) 1991)

7              Schedule 1, after survival craft station

                  insert

                Tables of Equivalent Qualifications and Licences means the tables of equivalent qualifications and licences on the ACMA website at http://www.acma.gov.au, as existing from time to time.

Schedule 2        Amendments Radiocommunications Licence Conditions (Amateur Licence) Determination 2015

(section 4)

1              Subsection 3(1), definition of qualified person

                  substitute

                qualified person, in relation to an amateur station, means a persons who holds:

(a)     an amateur licence, issued by the administration of another country, that has been recognised by the ACMA for the purpose of operating the amateur station in Australia; or

(b)     an amateur qualification, issued by the administration of another country, that has been recognised by the ACMA for the purpose of operating the amateur station in Australia.

2              Subsection 3(1), before the definition of Timor Non Directional Beacon Area

                  insert

                Tables of Equivalent Qualifications and Licences means the tables of equivalent qualifications and licences on the ACMA website at http://www.acma.gov.au, as existing from time to time.

3              After subsection 3(1B)

                  insert

      (1C)   For the purposes of the definition of qualified person in subsection (1), a licence or qualification will be recognised by the ACMA in relation to an amateur station if it is a licence or qualification listed in Table A or Table B of the Tables of Equivalent Qualifications and Licences for the station.


 Schedule 3       Amendments Radiocommunications Licence Conditions (Maritime Ship Licence) Determination 2015

(section 5)

1              Subparagraph 2.4(3)(a)(v)

                  omit

                Profiency

                  insert

                Proficiency