Notification of Proposal to Revoke the Radiocommunications (Overseas Amateurs Visiting Australia) Class Licence 2015

Overview

The Australian Communications and Media Authority (ACMA) has issued a notice under section 136 of the Radiocommunications Act 1992, proposing to revoke the Radiocommunications (Overseas Amateurs Visiting Australia) Class Licence 2015. The current Class Licence allows overseas amateur radio operators, who hold appropriate qualifications, to operate amateur stations in Australia for up to 90 days. This proposal follows consultations in September 2022 about a new proposed Radiocommunications (Amateur Stations) Class Licence, which would extend the authorisation period to 365 days and is expected to be enacted in December 2023, for commencement in February 2024. The ACMA is inviting representations from interested parties regarding the proposed revocation by 29 September 2023, aiming to ensure that the licensing framework aligns with current operational requirements and policy objectives.

Scope and Application

The Radiocommunications Act 1992 applies to the regulation of radiocommunications in Australia, with the Australian Communications and Media Authority (ACMA) being the central body responsible for enforcing the provisions of the Act. This includes the issuance and revocation of class licences for various radiocommunication activities. The notice under section 136 of the Act pertains specifically to the proposed revocation of the Radiocommunications (Overseas Amateurs Visiting Australia) Class Licence 2015. This Class Licence authorises overseas amateur radio operators holding appropriate qualifications to operate amateur stations in Australia for up to 90 days. The revocation is proposed to be implemented to facilitate the introduction of a new Radiocommunications (Amateur Stations) Class Licence, which is set to extend the operation period for overseas visiting amateurs to up to 365 days. The Act applies to individuals and entities involved in radiocommunications in Australia, with the revocation of the current Class Licence affecting overseas visiting amateur radio operators. The jurisdictional reach of the Act is national, governing radiocommunications across the Commonwealth of Australia. The Act allows for extensions or restrictions of its application through subordinate instruments, which are subject to further consultation and publication by the ACMA. Interested parties are invited to submit their representations regarding the proposed revocation by 29 September 2023, ensuring that all stakeholders have an opportunity to provide input before the decision is finalised.

Key Provisions

The Australian Communications and Media Authority (ACMA) has given notice under section 136(2) of the Radiocommunications Act 1992 (the Act) of its intention to revoke the Radiocommunications (Overseas Amateurs Visiting Australia) Class Licence 2015 (Overseas Visiting Amateurs Class Licence). This notice informs interested parties of the proposal to revoke the current Class Licence, which authorises overseas visiting amateur radio operators to operate amateur stations in Australia for up to 90 days. The Overseas Visiting Amateurs Class Licence is set to be revoked in favour of a new Radiocommunications (Amateur Stations) Class Licence (proposed Amateur Class Licence), which is expected to be made in December 2023 and commence in February 2024. This new Class Licence will allow overseas visiting amateurs to operate amateur stations for a period of up to 365 days. The ACMA’s decision to revoke the Overseas Visiting Amateurs Class Licence is driven by its intention to implement updated licensing arrangements for amateur radio operators, including a longer operating period for overseas visitors. The proposed Amateur Class Licence includes a provision to revoke the existing Overseas Visiting Amateurs Class Licence, which is currently available on the Federal Register of Legislation and on the ACMA’s website. The ACMA is seeking representations from interested parties about this proposal, with the deadline for submissions being 29 September 2023. Representations should be made in writing to the Spectrum Licensing Policy Section of the ACMA. In terms of obligations, the Act imposes certain responsibilities on the ACMA and on those who hold or wish to hold amateur radio operator licences. The ACMA is required to consult with relevant stakeholders and consider representations made in response to this notice. Overseas visiting amateur radio operators who currently hold or wish to obtain the Overseas Visiting Amateurs Class Licence must be aware of the impending revocation and the need to transition to the new licensing arrangements by the time the proposed Amateur Class Licence comes into effect in February 2024. Failure to comply with the new licensing arrangements could result in unauthorised radiocommunications activity, which may attract civil or criminal penalties under the Act. The Act provides for various offences, penalties, and consequences for breaches. For instance, operating a radio station without a valid licence or contravening the terms of a licence could result in infringement notices with fines up to a certain amount, as well as more serious criminal charges for persistent or significant breaches. The exact penalties may vary depending on the nature and severity of the breach, and are subject to the courts’ discretion when imposing sentences for criminal offences. It is essential for all parties affected by this notice to familiarise themselves with the proposed changes and ensure compliance with the new licensing arrangements to avoid any potential legal consequences.