Radiocommunications Licence Conditions (Major Coast Receive Licence) Determination 2015 (Cth)

Radiocommunications Licence Conditions (Major Coast Receive Licence) Determination 2015

made under paragraph 107(1)(f) of the Radiocommunications Act 1992

Compilation No. 1

Compilation date:    24 August 2017

Includes amendments up to:          Radiocommunications (Consequential Amendments) Instrument 2017 (No.1) [F2017L01075]

Prepared by the Australian Communications and Media Authority, Melbourne

About this compilation

This compilation

This is a compilation of the Radiocommunications Licence Conditions (Major Coast Receive Licence) Determination 2015 that shows the text of the law as amended and in force on 24 August 2017 (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 Federal Register of Legislation (  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 series page on the Federal Register of Legislation 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 series page on the Federal Register of Legislation 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 Licence Conditions (Major Coast Receive Licence) Determination 2015.

1. Commencement

This Determination commences on the day after it is registered.

Note: All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See type="1">

Revocation

The Radiocommunications Licence Conditions (Major Coast Receive Licence) Determination 1997 [F2005B01141] is revoked.

1. Purpose and scope

(1)   This Determination sets out conditions to which a major coast receive licence is subject.

(2)   If a condition in this Determination is inconsistent with a condition specified in the licence, the condition specified in the licence applies.

1. Interpretation

(1)   In this Determination, unless the contrary intention appears:

Act means the Radiocommunications Act 1992.

AMSA means the Australian Maritime Safety Authority.

distress signal means a signal indicating that a mobile unit, or a person, is threatened by grave and imminent danger and requires immediate assistance.

licensee means the holder of a major coast receive licence and includes any person authorised by the licensee to operate a station under the licence.

mobile unit means a ship, aircraft or other vehicle.

safety signal means a signal concerning safety or navigation or providing an important meteorological warning.

urgency signal means a very urgent signal concerning the safety of a mobile unit or a person.

Note:      Unless the contrary intention appears, terms used in this Determination that are defined in the Act or in the Radiocommunications (Interpretation) Determination 2015 (Interpretation Determination) have the same meaning as in the Act or Interpretation Determination.

Terms defined in the Act include:

·qualified operator

·standard

Terms defined in the Interpretation Determination include:

·major coast receive licence

·major coast receive station

·public correspondence

(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; 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 type="1">

Conditions

For paragraph 107(1)(f) of the Act, every major coast receive licence is subject to the conditions in this Determination relating to the operation of any major coast receive station under the licence by the licensee.

1. Technical performance of a station

(1)   A licensee must not operate a major coast receive station, unless the operation of the station complies with subsections (2) and (3).

(2)   The major coast receive station must comply with the requirements in any standard (applicable standard), specified in Part 1 of the Schedule, that applies to it.

Note: This provision is not intended to limit the operation of paragraph 107(1)(d) of the Act, which provides that an apparatus licence is subject to a condition that any radiocommunications device operated under the licence must comply with all the standards applicable to it.

(3)   The major coast receive station must comply with the requirements in any document (applicable document), specified in Part 2 of the Schedule, that applies to it.

(4)   If the major coast receive station complies with the applicable standard as in force at the time the station is manufactured in Australia or imported, the station meets the requirements of subsection (2).

(5)   If the major coast receive station complies with the edition of the applicable document that is in force at the time the station is manufactured in Australia or imported, the station meets the requirements of subsection (3).

Note:      A licensee must also comply with any applicable Marine Orders made by AMSA. – see

1. Services that may be provided

The licensee must only operate a major coast receive station to provide the following services:

(a)   search and rescue operations in conjunction with AMSA or a body that performs functions similar to those performed by AMSA;

(b)   a continuous listening watch on international distress frequencies for distress signals, safety signals and urgency signals;

(c)   reception of public correspondence.

1. Qualified operator

A major coast receive station must only be operated by, or under the supervision of, a qualified operator.

1. Response to distress, urgency or safety signals and record keeping

(1)   If a major coast receive station receives a distress signal, safety signal or urgency signal from another station and does not immediately receive an indication that the signal has been acknowledged, the licensee of the major coast receive station must ensure that:

(a)   an acknowledgment of the signal is directed to the other station; and

(b)   the signal is forwarded to:

(i)  the station or authority named in the signal; or

(ii) if the signal does not name a station or authority — an appropriate station or authority;

by the quickest and most effective means available. 

(2)   For the signal in subsection (1), the licensee must, for at least 2 years, keep a record of:

(a)   the date and time of reception of the signal;

(b)   the identity of the other station;

(c)   the frequency on which the signal was received;

(d)   the message of the signal; and

(e)   the action taken by the licensee to satisfy the requirements of subsection (1).

11        Transitional and savings

(1)   In this section:

commencement day means the day specified in section 2.

former determination means the Radiocommunications Licence Conditions (Major Coast Receive Licence) Determination 1997.

(2)   This section has effect despite the revocation of the former determination.

(3)   A licensee who operates a major coast receive station that was manufactured or imported before the commencement day is taken to comply with subsection 7(1) of this Determination, if the licensee is in compliance with section 5 of the former determination as in force immediately before the commencement day.

ScheduleStandards and documents

(section 7)

Part 1     Standards

For section 7, the following standards are specified:

Radiocommunications (Devices Used in the Inshore Boating Radio Services Band) Standard 2017;

Radiocommunications (MF and HF Radiotelephone Equipment - International Maritime Mobile Service) Standard 2014; and

Radiocommunications (VHF Radiotelephone Equipment – Maritime Mobile Service) Standard 2014.

Part 2     Documents

For section 7, the following documents are specified:

International Standard IEC 62320-1, Maritime navigation and radiocommunication equipment and systems – Automatic identification system (AIS) – Part 1: AIS Base Stations – Minimum operational and performance requirements, methods of testing and required test results, published by the International Electrotechnical Commission and as existing from time to time.

International Standard IEC 62320-2, Maritime navigation and radiocommunication equipment and systems – Automatic identification system (AIS) – Part 2: AIS AtoN Stations – Operational and performance requirements, methods of testing and required test results, published by the International Electrotechnical Commission and as existing from time to time.

International Standard IEC 62320-3, Maritime navigation and radiocommunication equipment and systems – Automatic identification systems (AIS) – Part 3: Repeater Stations – Minimum operational and performance requirements - Methods of test and required test results, published by the International Electrotechnical Commission and as existing from time to time.

Note: Documents made or published by the International Electrotechnical Commission are available at

Endnote 1 – About the endnotes

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

Endnote 2 (Abbreviation key) sets out abbreviations that may be used in the endnotes.

Endnote 3 (Legislation history) 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.

Endnote 4 (Amendment history) provides information about the amendments at the provision (generally section or equivalent) level and includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law. 

It also includes information about any misdescribed amendment (that is, an amendment that does not accurately describe the amendment to be made).  If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.  If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2—Abbreviation key

ad = added or inserted		(md not incorp) = misdescribed amendment
am = amended		cannot be given effect
amdt = amendment		mod = modified/modification
c = clause(s)		No. = Number(s)
Ch = Chapter(s)		par = paragraph(s)/subparagraph(s)
def = definition(s)		/sub‑subparagraph(s)
Dict = Dictionary		Pt = Part(s)
disallowed = disallowed by Parliament		r = regulation(s)/rule(s)
Div = Division(s)		rep = repealed
exp = expires/expired or ceases/ceased to have effect		rs = repealed and substituted
F = Federal Register of Legislation		s = section(s)/subsection(s)
gaz = gazette		Sch = Schedule(s)
LA = Legislation Act 2003		Sdiv = Subdivision(s)
LIA = Legislative Instruments Act 2003		underlining = whole or part not
(md) = misdescribed amendment can be given effect		commenced or to be commenced

Endnote 3—Legislation history

Name	Registration	Commencement	Application, saving and transitional provisions
Radiocommunications Licence Conditions (Major Coast Receive Licence) Determination 2015	18 August 2015 (F2015L01285)	19 August 2015 (s.2)
Radiocommunications (Consequential Amendments) Instrument 2017 (No. 1)	23 August 2017 (F2017L01075)	24 August 2017 (s.2)

Endnote 4—Amendment history

Provision affected	How affected
Schedule
Part 1........................................		am  F2017L01075