Notice of Proposal to Vary the Radiocommunications (Maritime Ship Station) Class Licence 2025

Overview

The Radiocommunications Act 1992 was enacted to regulate the use of radiocommunications in Australia, aiming to ensure efficient use of the radio spectrum and to provide for the coordination of radiocommunications services. The Act was introduced to address the growing need for a comprehensive legal framework governing the use of radio spectrum, which is a critical resource for both commercial and public services. The enacting body for the Act was the Parliament of Australia, with the policy objective being to maintain the integrity of the radio spectrum while facilitating innovation and competition in the telecommunications industry. The Australian Communications and Media Authority (ACMA) is responsible for administering the Act, including the implementation of class licences and amendments to existing licences to keep pace with technological advancements and industry needs.

Scope and Application

The Radiocommunications Act 1992 applies to the regulation of radiocommunications within the Commonwealth of Australia. Specifically, the Act governs the issuance of licences for the operation of radiocommunications services, including maritime ship stations, and the qualifications required for individuals operating such stations. The proposed amendment to the Radiocommunications (Maritime Ship Station) Class Licence 2025 targets entities and individuals operating maritime ship stations on Australian ships that communicate with other stations, particularly those using satellite frequencies. The amendment instrument will incorporate qualification requirements previously set out in the Radiocommunications (Communication with Space Object) Class Licence 2015, which has been superseded by the Radiocommunications (Communication with Space Object) Class Licence 2025. This change aims to harmonise the qualifications for maritime ship stations using satellite frequencies. The Act’s scope extends nationally, and the amendment will be implemented through subordinate legislation, as permitted under the Act.

Key Provisions

The Australian Communications and Media Authority (ACMA) has announced, under subsection 136(1) of the Radiocommunications Act 1992, its intention to modify the Radiocommunications (Maritime Ship Station) Class Licence 2025 through the proposed Radiocommunications (Maritime Licensing) Amendment Instrument 2026 (No.1) (section 132(1)). This amendment aims to integrate qualification requirements for maritime ship stations utilising satellite frequencies into the class licence. These qualifications were previously stipulated in the Radiocommunications (Communication with Space Object) Class Licence 2015, which has been updated to the Radiocommunications (Communication with Space Object) Class Licence 2025, now devoid of these requirements. The class licence, available at no cost on the Federal Register of Legislation, allows for the use of maritime ship stations on Australian ships to communicate with other stations, subject to specific licence conditions such as holding the necessary qualifications. The amendment instrument will impose new qualification requirements on maritime ship stations using satellite frequencies, aligning them with the existing standards outlined in the ACMA’s marine radio qualifications webpages. Those who have been operating maritime ship stations under the 2015 class licence are unlikely to be significantly affected by these changes, as most satellite communications would have been governed by the 2015 space object class licence, which already required the relevant qualifications. However, individuals who began operating maritime ship stations for satellite communication under the current class licence without meeting these qualifications will need to obtain them to continue operating. The ACMA encourages interested parties to submit written representations regarding the proposed changes by 5 February 2026 to The Manager, Spectrum Licensing Policy Section, ACMA. Failure to comply with the new qualification requirements set out in the amendment instrument could lead to violations of the Radiocommunications Act 1992. The Act provides for both civil and criminal penalties for breaches of its provisions. Civil penalties may include fines up to a maximum of $1.1 million for individuals and $5.5 million for bodies corporate, as stipulated in the Act. Additionally, the courts may impose other civil remedies such as injunctions. Criminal penalties can result in fines of up to $66,000 for individuals and $330,000 for bodies corporate, along with potential imprisonment terms. The severity of the penalties depends on the nature and extent of the breach, as well as any aggravating or mitigating factors considered by the court.