Notice of consequential amendments to class licences and other instruments as a result of proposed re-making of the Radiocommunications (VHF Radiotelephone Equipment – Maritime Mobile Service) Standard 2018
The Australian Communications and Media Authority is proposing to remake the Radiocommunications (VHF Radiotelephone Equipment – Maritime Mobile Service) Standard 2014 (the existing standard) as the Radiocommunications (VHF Radiotelephone Equipment – Maritime Mobile Service) Standard 2018 (the proposed standard). A draft of the proposed standard and information about the effect of the proposed standard are available from the ACMA’s website here.
Consequential amendments
The existing standard is referenced in six other radiocommunications legislative instruments made by the ACMA, including class licences, licence condition determinations, labelling notices and a charges determination.
Therefore, a consequential amendments instrument will be made to amend the following legislative instruments to update these redundant references, once the proposed standard is made:
a) Radiocommunications (Maritime Ship Station — 27 MHz and VHF) Class Licence 2015
b) Radiocommunications Licence Conditions (Maritime Ship Licence) Determination 2015
c) Radiocommunications (Compliance Labelling – Devices) Notice 2014
d) Radiocommunications Licence Conditions (Maritime Coast Licence) Determination 2015
e) Radiocommunications (Aircraft and Aeronautical Mobile Stations) Class Licence 2016
f) Radiocommunications (Charges) Determination 2017.
In relation to the Radiocommunications (Maritime Ship Station — 27 MHz and VHF) Class Licence 2015 (Maritime Ship Class Licence) and the Radiocommunications (Aircraft and Aeronautical Mobile Stations) Class Licence 2016 (Aircraft and Aeronautical Class Licence), these instruments are made under subsection 132(1) of the Act. These class licences require, amongst other things, devices operating under the class licence to ensure the devices comply with listed applicable standards. The existing standard is listed at item 1 in the table at Part 1.2 of Schedule 1 to the Maritime Ship Class Licence, and at subparagraph 6(b)(iii) of the Aircraft and Aeronautical Class Licence. It is intended that, if the proposed standard is made, these references to the existing standard be removed and a reference to the proposed standard be substituted in its place.
In relation to the Radiocommunications Licence Conditions (Maritime Ship Licence) Determination 2015 and the Radiocommunications Licence Conditions (Maritime Coast Licence) Determination 2015, these instruments are made under paragraph 107(1)(f) of the Act. These instruments set licence conditions that apply to particular types of apparatus licence. These two instruments include references to applicable radiocommunications standards, requiring licensees to ensure that devices operated under such apparatus licences comply with any applicable ACMA standard. Amendments will be made to ensure that references to the proposed standard are included where relevant.
The Radicommunications (Compliance Labelling – Device) Notice 2014 (Labelling Notice) is made under section 182 of the Act and specifies the testing, labelling and record keeping obligations for manufacturers and importers of specified radiocommunications devices. Relevantly it requires any person who manufacturers or imports a device included in a specified class of devices, to apply a label to the device to indicate whether the device meets the requirements of any applicable standards mandated by the ACMA under section 162 of the Act. Schedule 2 of the Labelling Notice lists applicable standards and compliance levels. The ACMA proposes to amend Schedule 2 of the Radiocommunications Labelling Notice to update the reference to include the proposed standard.
The Radiocommunications (Charges) Determination 2017 is made under section 60 of the Australian Communications and Media Authority Act 2005 and, amongst other things, sets cost recovery charges that the ACMA may charge for performing certain testing services in relation to applicable standards mandated by the ACMA under section 162 of the Act. Consequential amendments will be made to set equivalent cost-recovery charges in relation to any testing the ACMA may perform against the remade 2018 standard.
Invitation to comment on consequential amendments
The ACMA welcomes comment from interested persons on the ACMA’s proposal to make these consequential amendments as a result of the making of the proposed standard. Consultation is open until 24 August 2018.
You can make a submission by:
- Uploading an online submissions through the ACMA’s website here.
- Emailing: techreg@acma.gov.au.
- Mailing submissions to:
Manager, Technical Regulation
Australian Communications and Media Authority
PO Box 13112
Law Courts
Melbourne VIC 8010
Before making a submission you should read more about our publication of submissions and privacy for consultations, available on ACMA’s website here.
Overview
The Australian Communications and Media Authority (ACMA) has proposed to remake the Radiocommunications (VHF Radiotelephone Equipment – Maritime Mobile Service) Standard 2014 as the Radiocommunications (VHF Radiotelephone Equipment – Maritime Mobile Service) Standard 2018. This proposed remake will require consequential amendments to six other radiocommunications legislative instruments made by the ACMA, including class licences, licence condition determinations, labelling notices and a charges determination. These amendments will update references to the existing standard with references to the proposed standard once it is made. The ACMA has issued a notice inviting comments on this proposal, which is open for submissions until 24 August 2018. Submissions can be made via the ACMA’s website, email or post. The objective of these consequential amendments is to ensure that the relevant legislative instruments remain consistent and up-to-date with the most current standards.
Scope and Application
The Australian Communications and Media Authority (ACMA) is proposing to remake the Radiocommunications (VHF Radiotelephone Equipment – Maritime Mobile Service) Standard 2014 as the Radiocommunications (VHF Radiotelephone Equipment – Maritime Mobile Service) Standard 2018, necessitating consequential amendments to various legislative instruments. These amendments will be made to six other radiocommunications instruments including class licences, licence condition determinations, labelling notices, and a charges determination to update references to the existing standard. Specifically, the Maritime Ship Class Licence and Aircraft and Aeronautical Class Licence will have references to the existing standard removed and replaced with references to the proposed standard. Licence condition determinations and the labelling notice will also be updated to include references to the proposed standard where relevant. The Radiocommunications (Charges) Determination 2017 will be amended to set equivalent cost-recovery charges for testing services related to the proposed standard. These instruments are made under various sections of the Act and apply to entities and persons operating devices or apparatuses within the maritime and aeronautical sectors, as well as manufacturers and importers of specified radiocommunications devices. The amendments will have a national jurisdictional reach, applying across Australia. The ACMA invites submissions from interested parties until 24 August 2018.
Key Provisions
The Australian Communications and Media Authority (ACMA) is proposing to update the Radiocommunications (VHF Radiotelephone Equipment – Maritime Mobile Service) Standard 2014, replacing it with the Radiocommunications (VHF Radiotelephone Equipment – Maritime Mobile Service) Standard 2018. This change will necessitate amendments to several other legislative instruments to reflect the updated standard. The main legislative instruments set to be amended include the Radiocommunications (Maritime Ship Station — 27 MHz and VHF) Class Licence 2015, the Radiocommunications Licence Conditions (Maritime Ship Licence) Determination 2015, the Radiocommunications Licence Conditions (Maritime Coast Licence) Determination 2015, the Radiocommunications (Compliance Labelling – Devices) Notice 2014, the Radiocommunications (Aircraft and Aeronautical Mobile Stations) Class Licence 2016, and the Radiocommunications (Charges) Determination 2017.
These amendments are necessary because the existing standard is referenced in the aforementioned instruments, and its replacement with the proposed standard will render these references obsolete. Specifically, the Maritime Ship Class Licence and the Aircraft and Aeronautical Class Licence require devices to comply with listed standards. The existing standard is listed in these licences, and the proposed amendments will substitute this with a reference to the new standard. Similarly, the licence condition determinations require licensees to ensure compliance with applicable standards, and the labelling notice mandates that manufacturers and importers label devices according to applicable standards. The charges determination sets cost-recovery charges for certain testing services related to these standards. The proposed amendments will update these references and ensure that all relevant instruments are consistent with the new standard.
There are no explicit offences, penalties, or civil/criminal consequences outlined for breaching the provisions of this consequential amendments instrument itself. However, the underlying legislative framework under which these instruments operate could impose various penalties for non-compliance with the standards and conditions specified. For example, under section 262 of the Act, the ACMA can impose penalties for non-compliance with licence conditions, which could include fines up to $1.1 million for a corporation and $220,000 for an individual. Additionally, the Radiocommunications Act 1992 provides for offences and penalties related to non-compliance with radiocommunications standards, which could also result in significant fines. These penalties underscore the importance of adhering to the updated standards and the conditions set out in the relevant legislative instruments.