Radiocommunications (Certificates of Proficiency) Regulations (Cth)

Statutory Rules 1985 No. 1961

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Radiocommunications (Certificates of Proficiency) Regulations

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and pursuant to section 4 of the Acts Interpretation Act 1901, hereby make the following Regulations under the Radiocommunications Act 1983.

Dated 15 August 1985.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

M. J. DUFFY

Minister of State for Communications

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Citation

1. These Regulations may be cited as the Radiocommunications (Certificates of Proficiency) Regulations.

Interpretation

2. (1) In these Regulations, unless the contrary intention appears—

“authorised person” means a person authorised in writing by the Minister for the purposes of the provision in which that expression appears;

“certificate” means a certificate of proficiency;

“examination” means an examination in relation to an application for a certificate;

“Secretary” means the person for the time being occupying, or acting in, the office the holder of which is, under the Public Service Act 1922, the Secretary of the Department;

“station” has the same meaning as in the Radiocommunications (Licensing and General) Regulations;

“the Act” means the Radiocommunications Act 1983;

“the Telecommunication Convention” means the International Telecommunication Convention done at Nairobi on 6 November 1982.

(2) A reference in these Regulations to the Distress, Urgency, Alarm and Safety Signals shall be read as a reference to the Distress Signal, Urgency Signal, Alarm Signal and Safety Signal within the meaning of Article 39, Article 40 (Section I), Article 41 and Article 40 (Section II) respectively of the Radio Regulations published by the International Telecommunication Union, Geneva, for the time being in force under the Telecommunication Convention.

(3) An expression specified in Column 3 of an item in Schedule 1 has the same meaning as in the Radiocommunications (Licensing and General) Regulations.

Restricted Operator’s Examination

3. (1) A Restricted Operator’s Examination may be conducted in respect of radiotelegraphy or radiotelephony, or both.

(2) For the purposes of these Regulations, a Restricted Operator’s Examination is an examination conducted by an authorised person in relation to the following matters:

(a) in the case of a Restricted Operator’s Examination in radiotelegraphy—

(i) a practical knowledge of the working and adjustment of any type of radiotelegraph installation specified by the Secretary by instrument in writing;

(ii) ability to send correctly, and to receive correctly by ear, in Morse code, a message in plain language at a speed of 10 words per minute;

(iii) a knowledge of the regulations for the time being in force under the Telecommunication Convention relating to the exchange of radiotelegraph communications, to interference and to the Distress, Urgency, Alarm and Safety Signals; and

(iv) a knowledge of the precautions necessary for the safety of an installation referred to in sub-paragraph (i);

(b) in the case of a Restricted Operator’s Examination in radiotelephony—

(i) a practical knowledge of the working and adjustment of any type of radiotelephone installation specified by the Secretary by instrument in writing;

(ii) ability to send and receive correctly messages by radiotelephone;

(iii) a knowledge of the regulations for the time being in force under the Telecommunication Convention relating to the exchange of

radiotelephone communications, to interference and to the Distress, Urgency, Alarm and Safety Signals; and

(iv) a knowledge of the precautions necessary for the safety of an installation referred to in sub-paragraph (i);

(c) in the case of a Restricted Operator’s Examination in both radiotelegraphy and radiotelephony- the matters specified in paragraphs (a) and (b).

Amateur Operator’s Examination

4. For the purposes of these Regulations, an Amateur Operator’s Examination is an examination conducted by an authorised person in relation to the following matters:

(a) a knowledge of the principles of electricity and of radiocommunication;

(b) a knowledge of such of—

(i) the regulations for the time being in force under the Telecommunication Convention; and

(ii) the provisions of the Act and any regulations made under the Act,

as relate to the operation of an amateur station (unrestricted);

(c) ability to send correctly, and to receive correctly by ear, in Morse code, a message in plain language at a speed of 10 words per minute.

Limited Amateur Operator’s Examination

5. For the purposes of these Regulations, a Limited Amateur Operator’s Examination is an examination conducted by an authorised person in relation to the following matters:

(a) a knowledge of the principles of electricity and of radiocommunication;

(b) a knowledge of such of—

(i) the regulations for the time being in force under the Telecommunication Convention; and

(ii) the provisions of the Act and any regulations made under the Act,

as relate to the operation of an amateur station (limited).

Novice Amateur Operator’s Examination

6. For the purposes of these Regulations, a Novice Amateur Operator’s Examination is an examination conducted by an authorised person in relation to the following matters:

(a) an elementary knowledge of the principles of electricity and of radiocommunication;

(b) a knowledge of such of—

(i) the regulations for the time being in force under the Telecommunication Convention; and

(ii) the provisions of the Act and any regulations made under the Act,

as relate to the operation of an amateur station (novice);

(c) ability to send correctly, and to receive correctly by ear, in Morse code, a message in plain language at a speed of 5 words per minute.

Schedule 1

7. For the purposes of sub-paragraph 31 (2) (c) (i) of the Act, the examination specified in Column 2 of an item in Schedule 1 is prescribed in respect of an application for a certificate that relates to a transmitter licence in respect of a transmitter that is or forms part of a station known by the expression specified in Column 3 of that item.

Notice in respect of examination

8. (1) On an application for a certificate, the Minister shall, where the applicant is required to undertake an examination in relation to that application, give notice in writing to the applicant accordingly, specifying—

(a) the time and place of the examination; and

(b) the fee payable in respect of the examination and the time within which the fee is payable.

(2) An applicant for a certificate is not entitled to undertake an examination referred to in sub-regulation (1) unless the applicant has paid the relevant fee in accordance with the notice under that sub-regulation.

(3) Where an applicant for a certificate—

(a) is required to undertake an examination in relation to the application;

(b) has paid the relevant fee referred to in sub-regulation (2) in respect of the examination; and

(c) does not undertake the examination,

the applicant is not entitled to a refund in respect of the whole or any part of that fee.

Fee for examination

9. (1) There is payable in respect of an examination specified in Column 2 of an item in Part I of Schedule 2 the fee specified for that examination in Column 3 of that item.

(2) Where an examination specified in Column 2 of Item 1, 2 or 3 in Part II of Schedule 2 is to be undertaken in the parts specified in that item, the fee payable for the examination is payable in respect of those parts in the amounts specified in Column 3 of that item.

Examination result and reassessment

10. (1) Where an applicant for a certificate undertakes the relevant examination, an authorised person shall, as soon as practicable after the holding of the examination, give notice in writing to the applicant—

(a) of the result of the examination; and

(b) that, except in the case of an examination referred to in sub-item 1 (c) or 3 (c) in Part II of Schedule 2, the applicant is entitled, within the period of 28 days after the day on which the notice is given, to apply in

writing to the Secretary for a reassessment of the result of the examination.

(2) For the purposes of an application for a reassessment of the result of an examination referred to in sub-regulation (1), the Secretary may, where the Secretary considers it reasonable and just to do so, extend the period referred to in that sub-regulation, whether or not that period has expired, for such further period as is specified in the notice.

(3) Subject to sub-regulation (4), where an applicant for a certificate applies to the Secretary, in accordance with this regulation, for the reassessment of the result of an examination, the Secretary, or a person authorised in writing by the Secretary for the purposes of this provision, shall direct an authorised person—

(a) to make the reassessment; and

(b) as soon as practicable after making the reassessment, to give notice in writing to the applicant of the result of the reassessment.

(4) The Secretary, or a person authorised in accordance with sub-regulation (3), shall not give a direction to an authorised person pursuant to that sub-regulation for the reassessment of the result of an examination unless the relevant application is accompanied by—

(a) in the case of a telegraphy (receiving) examination or an examination requiring answers to be in an essay form—$10; or

(b) in the case of an examination requiring multiple-choice answers $5.

Fee for certificate

11. There is payable, in respect of the issue of a certificate, a fee of $5.

Lost or destroyed certificate

12. (1) Where a certificate has been lost or destroyed, a person who is the holder of the certificate may apply in writing to the Minister for the issue to that person of a duplicate certificate.

(2) Where the Minister is satisfied that the original certificate has been lost or destroyed, the Minister may, upon payment by the applicant of the fee of $5, issue to the applicant a duplicate certificate.

(3) A duplicate certificate issued under this regulation has the same force and effect as the original certificate in respect of which it is issued.

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SCHEDULE 1 Regulation 7

APPLICATION OF EXAMINATION FOR CERTIFICATE

Column 1	Column 2	Column 3
Item	Examination	Expression
1	Restricted Operator’s Examination	Coast station, Class A; Limited coast station; Marine rescue station; Mobile station; Ship station, Class B; Ship station, Class C; Earth station, Class A.
2	Amateur Operator’s Examination	Amateur station (unrestricted)
3	Limited Amateur Operator’s Examination	Amateur station (limited)
4	Novice Amateur Operator’s Examination	Amateur station (novice)

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SCHEDULE 2 Regulation 9

FEES FOR EXAMINATIONS

PART 1 EXAMINATIONS

Column 1	Column 2	Column 3
Item	Examination	Amount of fee
$
1	Restricted Operator’s Examination	10
2	Amateur Operator’s Examination	30
3	Limited Amateur Operator’s Examination	15
4	Novice Amateur Operator’s Examination	30

PART II PARTS TO BE UNDERTAKEN

Column 1	Column 2	Column 3
Item	Examination	Amount of fee
$
1	Amateur Operator’s Examination
	(a) regulations	5
	(b) theory	10
	(c) telegraphy (sending)	5
	(d) telegraphy (receiving)	10
2	Limited Amateur Operator’s Examination
	(a) theory	10
	(b) regulations	5
3	Novice Amateur Operator’s Examination
	(a) regulations	5
	(b) theory	10
	(c) telegraphy (sending)	5
	(d) telegraphy (receiving)	10

NOTE

1. Notified in the Commonwealth of Australia Gazette