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

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).