Radiocommunications (Maritime Ship Station — 27 MHz and VHF) Class Licence 2015

The AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY makes this Class Licence under section 132 of the Radiocommunications Act 1992.

Dated 24th July 2015

Chris Chapman
[signed]
Member

Richard Bean
[signed]
Member/General Manager

Australian Communications and Media Authority

Part 1 Preliminary

1 Name of Class Licence

  This Class Licence is the Radiocommunications (Maritime Ship Station — 27 MHz and VHF) Class Licence 2015.

2 Commencement

  This Class Licence comes into force on the later of:

(a)     the day after it is registered; and

(b)     the day on which it is published in the Gazette.

 Note 1  All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003.  See http://www.comlaw.gov.au.

Note 2  Both (a) and (b) must occur for this Class Licence to come into force.

Note 3  On the commencement day, this Class Licence will replace the Radiocommunications (Maritime Ship Station — 27 MHz and VHF) Class Licence 2001 (2001 Class Licence) which has been revoked.  This Class Licence is in substantively the same terms as the 2001 Class Licence.

3 Revocation

The Radiocommunications (Maritime Ship Station — 27 MHz and VHF) Class Licence 2001 [F2005B00295] is revoked.

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.

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 frequencies specified in the spectrum plan that may be used for the purposes of maritime mobile services that exceed 30 megahertz but do not exceed 300 megahertz.

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.

(2)          In this Class Licence, 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; and see also subsection 13(1) of the Legislative Instruments Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.

Note 2  All Commonwealth Acts and legislative instruments are available on the ComLaw website at http://www.comlaw.gov.au.

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 Compliance with equipment specifications and standards

  A person must not operate a maritime ship station unless each device included in the station:

 (a) if the device has a device compliance day before the commencement of this Class Licence —complies with 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 device; or

 (b) if the device has a device compliance day on or after the commencement of this Class Licence —complies with:

 (i) a technical specification, equipment compliance requirement or standard, as in force on the device compliance day, that:

 (A) is mentioned in Schedule 1; and

 (B) applies to the device; and

 (ii) any other standard that applies to the device on its device compliance day.

Note 1   If a standard mentioned in section 6 is amended, or replaced by another standard, after the device compliance day for a device, the device need not comply with the new or amended standard.

Note 2   Under section 5 of the Radiocommunications Act 1992, standard means a standard made under section 162 of that Act.

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 the ACMA as being equivalent to any of the qualifications mentioned in paragraphs (a) 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.

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 the 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 and AIS frequencies

  A person must operate a maritime ship station on the following frequencies only in accordance with Part 2.10 of Schedule 2:

 (a) 161.975 MHz;

 (b) 162.025 MHz.

Schedule 1 Equipment specifications and standards

(section 6)

Part 1.1 27 MHz inshore boating radio service equipment

Part 1.2 VHF international maritime mobile service equipment

Schedule 2 Permissible operations

(sections 11 to 19)

Part 2.1 Frequencies mentioned in tables

A frequency mentioned in column 2 of an item in this Schedule applies to the sending of a transmission and the receipt of a transmission, unless the frequency is accompanied by the suffix ‘Tx’ (which refers only to the sending of a transmission) or ‘Rx’ (which refers only to the receipt of a transmission).

Note  VHF frequencies mentioned in this Schedule are to be used until 31 December 2016. From 1 January 2017, changes to Appendix 18 (REV. WRC-12) of the International Telecommunication Union Radio Regulations come into force.

Part 2.2 Distress, urgency, safety and calling communications

Part 2.3 Public correspondence

Part 2.4 Commercial operations

Part 2.5 Non-commercial operations

Part 2.6 Port operations

Part 2.7 Professional fishing operations

Part 2.8 Radiodetermination communications

Part 2.9 On-board communications

Part 2.10 Automatic Identification System