Radiocommunications (Qualified Operators – Maritime) Determination 2026

Dated: 12 March 2026

Adam Suckling

[signed]

Member

Michael Brealey

[signed]

General Manager

1  Name

  This instrument is the Radiocommunications (Qualified Operators – Maritime) Determination 2026.

2  Commencement

This instrument commences at the start of the day after the day it is registered on the Federal Register of Legislation.

Note: The Federal Register of Legislation is available, free of charge, at www.legislation.gov.au.

3  Authority

  This instrument is made under section 119 of the Radiocommunications Act 1992.

4  Repeal

  The Radiocommunications (Qualified Operators) Determination 2016 (F2016L00375) is repealed.

5  Interpretation

 (1) In this instrument:

Administration has the meaning given by the Radio Regulations.

Note: The Radio Regulations are available, free of charge, from the website of the International Telecommunication Union at www.itu.int.

AMSA means the Australian Maritime Safety Authority.

GMDSS certificate (short for Global Maritime Distress and Safety System certificate) means a GMDSS radio operator certificate, issued by AMSA under section 31 of the Navigation Act 2012.

Note: For the GMDSS radio operator certificate, see Subdivision 3.2 of Division 3 of Marine Order 70 (Seafarer certification) 2014, which is available, free of charge, from the Federal Register of Legislation at www.legislation.gov.au.

overseas certificate means a certificate or qualification, however described, issued by or on behalf of an Administration.

Note 1: See also subsection (2) in relation to an overseas certificate.

Note 2: A number of other expressions used in this instrument are defined in the Act, including the following:

(a) ACMA;

(b) certificate of proficiency;

(c) operate;

(d) qualified operator;

(e) radiocommunications transmitter;

(f) transmitter;

(g) transmitter licence.

Note 3: Other expressions used in this instrument may be defined in a determination, made under subsection 64(1) of the Australian Communications and Media Authority Act 2005, that applies to this instrument, including:

(a) 27 MHz maritime frequency;

(b) Act;

(c) communication;

(d) high frequency;

(e) limited coast assigned system station;

(f) limited coast marine rescue station;

(g) limited coast non assigned station;

(h) major coast A station;

(i) maritime coast licence;

(j) maritime coast station;

(k) maritime ship licence;

(l) maritime ship station;

(m) medium frequency;

(n) Radio Regulations;

(o) ship station Class B;

(p) space station;

(q) ultra high frequency;

(r) very high frequency.

 (2) In this instrument, a reference to an overseas certificate by a particular name (the named certificate) includes:

 (a) a reference to an overseas certificate, however named or described, that has been issued in accordance with the requirements specified for the named certificate in Article 47 of the Radio Regulations; and

 (b) a reference to an overseas certificate, however named or described, that is replaced or superseded by a named certificate (whether or not it was immediately replaced or superseded by the named certificate, or was replaced or superseded by a series of certificates that ends in the named certificate); and

 (c) a reference to an overseas certificate, however named or described, that replaces or supersedes a named certificate (whether or not it immediately replaces or supersedes the named certificate, or replaces or supersedes the named certificate by a series of certificates that ends in the overseas certificate).

Note 1: Article 47 of the Radio Regulations lists the current overseas certificates that may be issued, and sets out requirements to be met before they are to be issued. At the time this instrument was made, Article 47.26 listed six overseas certificates that are no longer issued and have been replaced or superseded by the current overseas certificates.

Note 2: The Radio Regulations are available, free of charge, from the website of the International Telecommunication Union at www.itu.int.

6  References to other instruments

  In this instrument, 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 existing, 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.

7  Qualified operators

  Subject to section 8, a person operating transmitters under a transmitter licence specified in column 1 of Table 1 must be a qualified operator.

Table 1

Note 1: Column 2 is included for information only, and sets out the certificate of proficiency for the relevant transmitter licence at the time this instrument was made.

Note 2: Under section 5 of the Act, a person is a qualified operator if they hold a certificate of proficiency. Under section 121 of the Act, the ACMA may issue a certificate of proficiency certifying that the holder is taken to be a qualified operator in relation to a class of transmitter licences specified in the certificate. Under paragraph 108(2)(e) of the Act, it is a condition of each transmitter licence specified in Table 1 that the licensee, and any person authorised by the licensee under section 114 of the Act, must not operate a transmitter unless the licensee or person is a qualified operator.

Note 3: A person who holds a certificate of proficiency of a kind that is no longer issued is still a qualified operator for the purposes of the Act, for the class of transmitter licence specified in the certificate.

8  Exceptions

Overseas certificates

 (1) Section 7 does not apply where a person:

 (a) operates a radiocommunications transmitter specified in column 1 of Table 2, in the circumstances specified in column 2; and

 (b) the person holds an overseas certificate specified in column 3.

Table 2

GMDSS certificates

 (2) Section 7 does not apply where:

 (a) a person operates a maritime coast station or a maritime ship station under a transmitter licence; and

 (b) the person holds:

(i) a GMDSS certificate; or

(ii) a qualification recognised by AMSA as equivalent to a GMDSS certificate in accordance with Division 4 of Marine Order 70 (Seafarer certification) 2014.

Note 1: Marine Order 70 (Seafarer certification) 2014 is available, free of charge, from the Federal Register of Legislation at www.legislation.gov.au.

Note 2: A maritime coast station may be operated under a maritime coast licence, and a maritime ship station may be operated under a maritime ship licence.

 (3) Section 7 does not apply where:

 (a) a person, under the supervision of another person, operates a maritime coast station or a maritime ship station under a transmitter licence; and

 (b) the other person is at the location of the station; and

 (c) the other person holds:

(i) a GMDSS certificate; or

(ii) a qualification recognised by AMSA as equivalent to a GMDSS certificate in accordance with Division 4 of Marine Order 70 (Seafarer certification) 2014.

Note: Marine Order 70 (Seafarer certification) 2014 is available, free of charge, from the Federal Register of Legislation at www.legislation.gov.au.

Note 2: A maritime coast station may be operated under a maritime coast licence, and a maritime ship station may be operated under a maritime ship licence.

Maritime ship station operated on 27 MHz maritime frequency

 (4) Section 7 does not apply where a person operates a maritime ship station on a 27 MHz maritime frequency.

Note: A maritime ship station may be operated under a maritime ship licence.