Notification of draft variations to the Radiocommunications (Maritime Ship Station - 27 MHz and VHF) Class Licence 2015

Overview

The Radiocommunications Act 1992 was enacted by the Parliament of Australia to regulate the use of radiocommunications in Australia. The Act provides for the licensing of radiocommunications services and equipment, and sets out the obligations and rights of licence holders. The Act was introduced to address the need for a comprehensive legal framework to govern the use of radiocommunications, including the allocation of radio spectrum and the regulation of radiocommunications services. Under section 136 of the Act, the Australian Communications and Media Authority (ACMA) is required to seek representations about draft variations to the Radiocommunications (Maritime Ship Station – 27 MHz and VHF) Class Licence 2015. The policy objective of the draft Variation is to support advances in safety of life at sea and to provide benefits to the Australian maritime community by varying the Maritime Ship Class Licence. The ACMA is seeking feedback from interested parties, with the deadline for submissions being 1 February 2018. The draft Variation proposes to amend the Maritime Ship Class Licence to reflect changes in technology and industry practices, and to improve the safety and efficiency of maritime communications. The proposed changes include updating the technical parameters and operating requirements for maritime ship stations, and introducing new arrangements to support the use of emerging technologies such as the Automatic Identification System (AIS), VHF Data Exchange System (VDES), and Application Specific Messages (ASM). The draft Variation also proposes to update the list of recognised qualifications and licences for maritime radio operators, and to align the Maritime Ship Class Licence with international standards and regulations. The ACMA is seeking feedback from a range of stakeholders, including maritime operators, ship owners, radio manufacturers, and other interested parties, to ensure that the proposed changes are practical and effective.

Scope and Application

The Radiocommunications Act 1992 applies to persons and entities operating maritime ship stations on Australian ships using 27 MHz and VHF maritime frequencies. The Act is a Commonwealth statute and thus has a national jurisdictional reach. The Australian Communications and Media Authority (ACMA), an agency of the Commonwealth, proposes draft variations to the Radiocommunications (Maritime Ship Station – 27 MHz and VHF) Class Licence 2015 to enhance safety of life at sea and benefit the Australian maritime community. The proposed changes include amending existing arrangements and adding new ones to the Maritime Ship Class Licence, which governs the licence conditions, operating requirements, and technical parameters for maritime ship stations. The draft Variation involves redefining terms, specifying frequency usage, transmitter output power limits, and purposes for communications, among other amendments. Interested parties can make representations regarding the draft Variation by 01 February 2018. The Act may be further extended or restricted through subordinate instruments, but this specific notice pertains only to the draft Variation to the existing Class Licence.

Key Provisions

The Radiocommunications Act 1992 (the Act) is the primary piece of legislation governing the use of radiocommunications in Australia. In particular, section 132 (subsections 132(1) and 132(2)) of the Act allows the Australian Communications and Media Authority (ACMA) to make legislative instruments, including class licences and standards, to regulate the use of radiocommunications. Section 136 of the Act mandates that the ACMA must give notice of any draft legislative instruments to the public and obtain feedback before finalizing the instruments. The draft Variation to the Radiocommunications (Maritime Ship Station – 27 MHz and VHF) Class Licence 2015 (the Maritime Ship Class Licence) proposed by the ACMA under section 132 of the Act is subject to this requirement. The draft Variation seeks to update the Maritime Ship Class Licence to incorporate technological advancements that enhance safety at sea and benefit the maritime community. The changes primarily include updating frequency definitions, incorporating new communication standards, and modifying operational requirements for maritime ship stations. For instance, the draft Variation introduces new provisions for Automatic Identification System (AIS), VHF Data Exchange System (VDES), and Application Specific Messages (ASM) communications. Additionally, it updates technical parameters and operating requirements, including transmitter output power limits and permissible frequencies for maritime communications. The draft Variation imposes several obligations on parties governed by the Maritime Ship Class Licence. Primarily, it mandates that maritime ship stations must operate within specified frequency ranges and transmitter power limits, depending on the purpose of communication. For example, AIS communications must use frequencies between 156.775 MHz and 162.025 MHz with a transmitter output power not exceeding 12.5 watts. VDES communications must use frequencies within the 157.200 MHz to 157.300 MHz range, also with a maximum transmitter output power of 25 watts. Furthermore, the draft Variation requires that all maritime ship stations comply with the updated Radiocommunications (VHF Radiotelephone Equipment – Maritime Mobile Service) Standard 2018. Failure to comply with the provisions of the Maritime Ship Class Licence and the draft Variation may result in legal consequences. Under section 133 of the Act, non-compliance with a legislative instrument made under the Act may be considered an offence. Penalties for contravening the Act or a legislative instrument can include fines and, in severe cases, imprisonment. The maximum penalty for contravening the Act or a legislative instrument varies depending on the nature and severity of the offence, with potential fines ranging from thousands to millions of dollars. Additionally, the ACMA may issue infringement notices for minor or technical breaches, which, if unpaid, can be enforced in a civil court. In summary, the draft Variation to the Maritime Ship Class Licence proposed by the ACMA under section 132 of the Radiocommunications Act 1992 aims to update maritime communication standards and operational requirements. It imposes obligations on maritime operators to adhere to specified frequencies and power limits and mandates compliance with the updated VHF radiotelephone equipment standard. Breaches of these provisions may result in penalties, including fines and potential imprisonment, emphasizing the importance of adhering to the updated maritime communication regulations.