Part 1 Preliminary
1 Name of Class Licence
This Class Licence is the Radiocommunications (Maritime Ship Station — 27 MHz and VHF) Class Licence 2015.
4 Definitions
(1) In this Class Licence:
27 MHz maritime frequencies has the meaning given in Schedule 1 to the Radiocommunications (Interpretation) Determination 2015.
ACMA means the Australian Communications and Media Authority.
Act means the Radiocommunications Act 1992.
AMRD (short for autonomous maritime radio device) means a station in the maritime mobile service which is mobile, operates at sea and transmits independently of a maritime ship station or a maritime coast station, which may also be temporarily moored.
Note 1: The definition of AMRD is taken from the International Telecommunication Union’s Radiocommunication Sector’s Recommendation ITU-R M.2135-1. Recommendation ITU-R M2135-1 is available, free of charge, from the International Telecommunication Union’s website at www.itu.int.
Note 2: The International Telecommunication Union’s Radiocommunication Sector’s Recommendation ITU-R M.2135-1 divides AMRD into AMRD Group A and AMRD Group B. AMRD Group A is defined in that Recommendation to be AMRD that enhance the safety of navigation. The operation of man overboard (Class M) devices that are AMRD Group A may be authorised by the Radiocommunications (Emergency Locating Devices) Class Licence 2016, or another class licence that replaces that instrument. The Radiocommunications (Emergency Locating Devices) Class Licence 2016 is a legislative instrument and is available, free of charge, from the Federal Register of Legislation at www.legislation.gov.au. Recommendation ITU-R M2135-1 is available, free of charge, from the International Telecommunication Union’s website at www.itu.int.
AMRD Group B means AMRD that do not enhance the safety of navigation (AMRD which deliver signals or information which do not concern the navigation of the vessel or do not complement vessel traffic safety in waterways).
Note: The definition of AMRD Group B is taken from the International Telecommunication Union’s Radiocommunication Sector’s Recommendation ITU-R M.2135-1. Recommendation ITU-R M2135-1 is available, free of charge, from the International Telecommunication Union’s website at www.itu.int.
AMSA means the Australian Maritime Safety Authority established by the Australian Maritime Safety Authority Act 1990.
ARPANSA Standard means the Radiation Protection Standard for Limiting Exposure to Radiofrequency Fields – 100 kHz to 300 GHz (2021), or any standard published as a replacement of that standard, by the Australian Radiation Protection and Nuclear Safety Agency.
Note: The ARPANSA Standard is available from the Australian Radiation Protection and Nuclear Safety Agency website at www.arpansa.gov.au.
Australian ship means a ship that:
(a) has an Australian nationality within the meaning of the Shipping Registration Act 1981, and
(b) is not a regulated Australian vessel within the meaning given by section 15 of the Navigation Act 2012.
Australian territorial sea means the sea within the limits of the territorial sea declared by the Governor-General under section 7 of the Seas and Submerged Lands Act 1973.
Australian Waters Qualification means a qualification:
(a) for marine radio use, utilising VHF, within the Australian territorial sea and inland waterways; and
(b) being a part of the Maritime Training Package administered by the Transport and Logistics Industry Skills Council.
Note Information about the Maritime Training Package can be accessed on the website of the Transport and Logistics Industry Skills Council at http://tlisc.org.au/.
calling means, in relation to a maritime ship station, operating the station to establish contact with another station.
commercial operations means the activities of commercial ships (other than professional fishing operations and port operations).
device compliance day means, in relation to a device, the most recent of the following days:
(a) if the device was manufactured in Australia — the day the device was manufactured;
(b) if the device was manufactured overseas and imported into Australia — the day it was imported;
(c) if the device was altered or modified in a material respect — the day it was altered or modified.
distress, means, in relation to a transmission, a mobile unit or person is threatened by grave and imminent danger and requires immediate assistance.
DSC or digital selective calling means a digital system of alerting transmissions used by ship and shore stations to facilitate the exchange of distress, urgency, safety and routine communications.
frequency band means any band of frequencies specified in this Class Licence, and which excludes the lower limit and includes the higher limit.
GMDSS certificate means a Global Maritime Distress Safety System certificate issued by the Australian Maritime Safety Authority under the Navigation Act 2012.
inland waterways means waters within Australia other than the Australian territorial sea.
inshore boating radio service means a maritime mobile service comprising limited coast stations and maritime ship stations operating in the Australian territorial sea or inland waterways.
LCS or limited coast station means a maritime coast station that is limited in operation.
maritime frequencies has the meaning given in Schedule 1 to the Radiocommunications (Interpretation) Determination 2015.
maritime ship station has the meaning given in Schedule 1 to the Radiocommunications (Interpretation) Determination 2015.
MCS means a major coast A station, a major coast B station or a major coast receive station.
mobile unit means a ship, aircraft or other vehicle.
non-commercial operations means operations other than:
(a) commercial operations; or
(b) port operations; or
(c) professional fishing operations.
port operations means activities relating to the operational handling, movement and navigation of ships in, or near, a port.
pX means peak envelope power, being the average power supplied to an antenna transmission line by a transmitter during 1 radio frequency cycle at the crest of the modulation envelope under normal operating conditions.
pY means the mean power, being the average power supplied to an antenna transmission line by a transmitter during 1 radio frequency cycle at the crest of the modulation envelope taken under normal operating conditions.
pZ means carrier power, being the average power supplied to an antenna transmission line by a transmitter during 1 radio frequency cycle under the conditions of no modulation.
radiodetermination means:
(a) determination, on the basis of propagation properties of radio waves, of:
(i) the position of an object; or
(ii) the velocity of the object; or
(iii) other characteristics of the object; or
(b) the obtaining of information about characteristics mentioned in paragraph (a).
repeater station means a limited coast assigned station established at a fixed location:
(a) for the reception of radio signals from:
(i) maritime ship stations; or
(ii) limited coast non assigned stations; or
(iii) limited coast marine rescue stations; and
(b) for the automatic retransmission of those signals by radio.
safety means, in relation to a transmission, the safety of navigation or the provision of an important meteorological warning.
SAR means search and rescue.
ship includes every kind of vessel or floating craft of any size, not being a vessel or floating craft that is permanently moored.
urgency means, in relation to a transmission, the safety of a ship, aircraft or person requiring urgent attention.
vessel means any kind of vessel used in navigation by water, however propelled or moved, and includes:
(a) a barge, lighter or other floating vessel; and
(b) an air-cushion vehicle, or other similar craft, used wholly or primarily in navigation by water.
VHF or very high frequency means a frequency that exceeds 30 megahertz but does not exceed 300 megahertz.
VHF maritime frequencies means the frequency range 156.000 MHz to 162.050 MHz, but does not include the segments within this frequency range that are allocated to the land mobile service in accordance with Table 2 of the Radiocommunications Assignment and Licensing Instruction (RALI) MS 42, Frequency Plan for the VHF Bands 70 - 87.5 MHz and 148 - 174 MHz, published by the ACMA, as existing from time to time.
Note: RALI MS 42 is available on the ACMA website at www.acma.gov.au.
working, in relation to a station, means operating the station to exchange messages with another station.
Note For the definition of Automatic Identification System (AIS), spectrum plan and other expressions used in this Class Licence, see the Act and the Radiocommunications (Interpretation) Determination 2015.
4A References to other instruments
In this Class Licence, unless the contrary intention appears:
(a) a reference to any other legislative instrument is a reference to that other legislative instrument as in force from time to time; and
(b) a reference to any other kind of instrument or writing is a reference to that other instrument or writing as in force or in existence from time to time.
Note 1: For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and 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 registered on the Federal Register of Legislation.
Note 3: See section 314A of the Act.
Part 2 Class licence
5 Class licence
This Class Licence authorises any person to operate a maritime ship station on-board an Australian ship using:
(a) 27 MHz maritime frequencies; and
(b) VHF maritime frequencies;
if the person complies with the conditions mentioned in this Class Licence.
Part 3 Conditions
6 Conditions – compliance with equipment specifications, standards and equipment rules
(1) A person must not operate a maritime ship station, or group of maritime ship stations, under this Class Licence if the electromagnetic energy emitted by the station, or group of stations, exceeds the general public exposure limits specified in the ARPANSA Standard in a place accessible by the public.
(2) A person must not operate a maritime ship station under this Class Licence unless the station complies with:
(a) if the device compliance day for the station occurs before 31 July 2015 – a technical specification, equipment compliance requirement or standard, as in force on the device compliance day, that:
(i) is mentioned in Schedule 1; and
(ii) applies to the station; or
(b) if the device compliance day for the station occurs on or after 31 July 2015 and before the commencement of Part 1 of Schedule 4 of the Radiocommunications Legislation Amendment (Reform and Modernisation) Act 2020:
(i) a technical specification, equipment compliance requirement or standard, as in force on the device compliance day, that is mentioned in Schedule 1 and applicable to it; and
(ii) any standard applicable to it, as in force on the device compliance day;
(c) if the device compliance day for the station occurs on or after the day Part 1 of Schedule 4 to the Radiocommunications Legislation Amendment (Reform and Modernisation) Act 2020 commenced:
(i) a technical specification, equipment compliance requirement or equipment rule, as in force on the device compliance day, that is mentioned in Schedule 1 and applicable to it; and
(ii) any equipment rule applicable to it, as in force on the device compliance day.
(3) In paragraphs (2)(a) and (b), standard has the meaning given by section 5 of the Act, as in force immediately before the commencement of Part 1 of Schedule 4 to the Radiocommunications Legislation Amendment (Reform and Modernisation) Act 2020.
Note: Part 1 of Schedule 4 to the Radiocommunications Legislation Amendment (Reform and Modernisation) Act 2020 replaces standards with equipment rules. See also item 42 of that Schedule.
7 Location of station
A person must not operate a maritime ship station on land.
8 Operator qualifications
(1) A person must not operate a maritime ship station on VHF maritime frequencies in the VHF band unless the person:
(a) is qualified to operate the station; or
(b) is operating the station under the supervision of a person who is qualified to operate the station.
(2) A person is qualified to operate the station both within and beyond the Australian territorial sea if the person holds:
(a) a GMDSS Certificate;
(b) a Marine Radio Operator Certificate of Proficiency;
(c) a Marine Radio Operator VHF Certificate of Proficiency;
(d) a Short Range Operator Certificate of Proficiency;
(e) a Long Range Operator Certificate of Proficiency;
(f) a Restricted Radiotelephone Operator Certificate of Proficiency; or
(g) qualifications recognised by:
(i) AMSA as being equivalent to the qualification mentioned in paragraph (a); or
(ii) the ACMA as being equivalent to any of the qualifications mentioned in paragraphs (b) to (f).
(3) A person is qualified to operate the station only in the Australian territorial sea and inland waterways if the person holds:
(a) a statement of attainment for the completion of the Australian Waters Qualification; or
(b) a qualification recognised by the ACMA as being equivalent to the qualification mentioned in paragraph (a).
Note 1 A person is qualified to operate or supervise the operation of a station in an area described in subsection 8(2) or subsection 8(3) only if the person holds a qualification described in the applicable provision.
Note 2 The Australian Waters Qualification described in pargraph 8(3)(a) is not a certificate of proficiency and its holder is not a qualified operator for the purposes of Division 5, Part 3.3 of Chapter 3 of the Act.
Note 3 Equivalent qualifications and licences recognised by the ACMA and AMSA are listed in the Tables of Equivalent Qualifications and Licences, as existing from time to time, available on the ACMA website at www.acma.gov.au.
9 Operation outside Australia
(1) A person operating a maritime ship station beyond the Australian territorial sea must operate the station in accordance with:
(a) the International Telecommunication Union Radio Regulations as in force from time to time; and
(b) if the station is in the territorial sea of another country — the requirements of the country applying to radiocommunications.
(2) If a maritime ship station is to be operated beyond the Australian territorial sea on a maritime frequency authorised by the International Telecommunication Union and published in the version current from time to time of its Manual for Use by the Maritime Mobile and Maritime Mobile‑Satellite Services, the person must operate the station only to communicate with:
(a) a coast station operated in another country; or
(b) a maritime ship station.
10 Identification of station
(1) A person operating a maritime ship station must use a form of identification at the start of each transmission, or series of transmissions, that clearly identifies the station.
(2) If the station operates DSC, the person must use a maritime mobile service identity issued by the Australian Maritime Safety Authority to identify the station.
11 Distress, urgency, safety or calling
(1) A person may operate a maritime ship station for distress, urgency, safety or calling communications only:
(a) on a frequency mentioned in column 2 of an item in Part 2.2 of Schedule 2; and
(b) using a transmitter output power not exceeding the power mentioned in column 3 of the item; and
(c) to communicate with a station mentioned in column 4 of the item; and
(d) for a purpose mentioned in column 5 of the item; and
(e) in accordance with the limitations (if any) mentioned in italics in column 5 of the item.
(2) If a limitation mentioned in column 5 of an item in Part 2.2 of Schedule 2 states that this subsection applies, a person must use the frequency mentioned in column 2 of the item only if direct ship-to-ship or ship-to-shore communications on other frequencies are not practicable.
12 Public correspondence
A person may operate a maritime ship station for public correspondence only:
(a) on a frequency mentioned in column 2 of an item in Part 2.3 of Schedule 2; and
(b) using a transmitter output power not exceeding the power mentioned in column 3 of the item; and
(c) to communicate with a station mentioned in column 4 of the item.
13 Commercial operations
A person may operate a maritime ship station for commercial operations only:
(a) on a frequency mentioned in column 2 of an item in Part 2.4 of Schedule 2; and
(b) using a transmitter output power not exceeding the power mentioned in column 3 of the item; and
(c) to communicate with a station mentioned in column 4 of the item; and
(d) for a purpose mentioned in column 5 of the item.
14 Non-commercial operations
(1) A person may operate a maritime ship station for non-commercial operations only:
(a) on a frequency mentioned in column 2 of an item in Part 2.5 of Schedule 2; and
(b) using a transmitter output power not exceeding the power mentioned in column 3 of the item; and
(c) to communicate with a station mentioned in column 4 of the item; and
(d) for a purpose mentioned in column 5 of the item; and
(e) in accordance with the limitations (if any) mentioned in italics in column 5 of the item.
(2) If a limitation mentioned in column 5 of an item in Part 2.5 of Schedule 2 states that this subsection applies, the station must communicate only with a limited coast station or a maritime ship station with which the person is affiliated for the purposes of a specific maritime event.
(3) If a limitation mentioned in column 5 of an item in Part 2.5 of Schedule 2 states that this subsection applies, the station must communicate only with a station operated by a rescue organisation, including a station on land.
15 Port operations
A person may operate a maritime ship station for port operations only:
(a) on a frequency mentioned in column 2 of an item in Part 2.6 of Schedule 2; and
(b) using a transmitter output power not exceeding the power mentioned in column 3 of the item; and
(c) to communicate with a station mentioned in column 4 of the item; and
(d) for a purpose mentioned in column 5 of the item.
16 Professional fishing operations
A person may operate a maritime ship station for professional fishing operations only:
(a) on a frequency mentioned in column 2 of an item in Part 2.7 of Schedule 2; and
(b) using a transmitter output power not exceeding the power mentioned in column 3 of the item; and
(c) to communicate with a station mentioned in column 4 of the item; and
(d) for a purpose mentioned in column 5 of the item.
17 Radiodetermination communications
A person may operate a maritime ship station for radiodetermination purposes only:
(a) on a frequency in a frequency band mentioned in column 2 of an item in Part 2.8 of Schedule 2; and
(b) using a transmitter output power not exceeding the power mentioned in column 3 of the item; and
(c) for a purpose mentioned in column 4 of the item.
18 On-board communications
A person may operate a maritime ship station for on-board communications only:
(a) on a frequency mentioned in column 2 of an item in Part 2.9 of Schedule 2; and
(b) using a transmitter output power not exceeding the power mentioned in column 3 of the item; and
(c) to communicate with persons on board or near the ship; and
(d) for a purpose mentioned in column 4 of the item.
19 Maritime ship stations — AIS
A person must operate a maritime ship station for Automatic Identification System (AIS) purposes only:
(a) on a frequency mentioned in column 2 of an item in Part 2.10 of Schedule 2; and
(b) using a transmitter output power not exceeding the power mentioned in column 3 of the item; and
(c) for a purpose mentioned in column 4 of the item.
20 Maritime ship stations — VDES communications
A person must operate a maritime ship station for VHF Data Exchange System (VDES) communications only:
(a) subject to item 2.11.1 of Schedule 2 – on a frequency mentioned in column 2 of an item in Part 2.11 of Schedule 2; and
(b) using a transmitter output power not exceeding the power mentioned in column 3 of the item (if any); and
(c) for a purpose mentioned in column 4 of the item (if any); and
(d) in accordance with the limitations mentioned in italics in column 4 of the item (if any).
21 Maritime ship stations — ASM
A person must operate a maritime ship station for Application Specific Messages (ASM) purposes only:
(a) on a frequency mentioned in column 2 of an item in Part 2.12 of Schedule 2; and
(b) using a transmitter output power not exceeding the power mentioned in column 3 of the item.
