Radiocommunications (Qualified Operators) Determination 2016

made under section 119 of the

Radiocommunications Act 1992

Compilation No.  1

Compilation date:   19 February 2024

Includes amendments: F2023L01650

Prepared by the Australian Communications and Media Authority, Melbourne

About this compilation

This compilation

This is a compilation of the Radiocommunications (Qualified Operators) Determination 2016 that shows the text of the law as amended and in force on 19 February 2024 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

1 Name of Determination

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

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
• 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

 (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

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).

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history