Notification of proposal to vary the Radiocommunications (Overseas Amateurs Visiting Australia) Class Licence 2015 by making the Radiocommunications Licence Conditions (Amateur Licence) Omnibus Amendment Instrument 2020 (No. 1)

Overview

The Australian Communications and Media Authority (ACMA) has issued a notice under the Radiocommunications Act 1992, proposing amendments to the Radiocommunications (Overseas Amateurs Visiting Australia) Class Licence 2015 and the Radiocommunications Licence Conditions (Amateur Licence) Determination 2015. The proposed changes aim to modify the access conditions for the 3.4 GHz band for both Australian amateur licensees and overseas amateurs visiting Australia. This initiative follows the ACMA’s 2018 planning decisions concerning the optimisation of the 3.4 GHz band, aiming to address spectrum allocation more effectively. The draft Radiocommunications Licence Conditions (Amateur Licence) Omnibus Amendment Instrument 2020 (No. 1) seeks to remove access to the 3.4 GHz band within certain areas, reflecting a policy objective to enhance the management and optimisation of radiocommunications spectrum in Australia. Public comments on the proposed variations are invited until 20 March 2020, with submissions to be directed to the ACMA’s Spectrum Licensing Policy Section.

Scope and Application

The Australian Communications and Media Authority (ACMA) has issued a notice under section 136 of the Radiocommunications Act 1992 to propose variations to the Radiocommunications (Overseas Amateurs Visiting Australia) Class Licence 2015 and the Radiocommunications Licence Conditions (Amateur Licence) Determination 2015 through the draft Radiocommunications Licence Conditions (Amateur Licence) Omnibus Amendment Instrument 2020 (No. 1). The proposed changes primarily target the 3.4 GHz band, with the aim of aligning the conditions for overseas amateur radio operators visiting Australia with those for Australian amateur radio operators. The ACMA seeks representations on the draft Instrument, which aims to remove access to the 3400–3575 MHz band for both Australian and overseas amateur radio operators within certain areas. These variations apply to persons and entities involved in amateur radio operations in Australia, including overseas amateurs visiting Australia who must hold an advanced qualification equivalent to Australian standards. The Act's reach is national, and while the ACMA welcomes comments on the proposed amendments, it is not mandatory under the legislation. Further details, including copies of the relevant documents, are available on the ACMA's website, and interested parties can submit their representations by 20 March 2020.

Key Provisions

The Australian Communications and Media Authority (ACMA) has issued a notice under section 136 of the Radiocommunications Act 1992 (the Act) that it proposes to vary the Radiocommunications (Overseas Amateurs Visiting Australia) Class Licence 2015 (the Overseas Class Licence) by making the draft Radiocommunications Licence Conditions (Amateur Licence) Omnibus Amendment Instrument 2020 (No. 1) (the draft Instrument). This proposal seeks to amend the existing arrangements for amateur licensees by varying the Radiocommunications Licence Conditions (Amateur Licence) Determination 2015 (the Amateur Licence LCD) and the Overseas Class Licence. The notice explains the proposed changes in relation to the 3.4 GHz band and invites comments from interested parties. The Overseas Class Licence currently allows certain persons visiting Australia to operate amateur stations, provided they meet the conditions set out in the licence. These conditions are similar to those in the Amateur Licence LCD that apply to licensed amateurs operating within Australia. The draft Instrument proposes to remove access to the 3400–3575 MHz band within certain areas, aligning the conditions for overseas amateurs with those for domestic amateur licensees. This change is based on the ACMA’s decisions regarding the optimisation of the 3400–3575 MHz band, as outlined in the Optimising arrangements for the 3400-3575 MHz band Planning decisions and preliminary views paper released in November 2018. The ACMA, as the governing authority, imposes obligations on parties and entities governed by the Act. These obligations include ensuring compliance with the terms of the Overseas Class Licence and the Amateur Licence LCD, as well as adhering to any variations proposed in the draft Instrument. The ACMA is also required to consider any representations received from interested parties before making a final decision on the draft Instrument. Failure to comply with the provisions of the Act or the conditions of the Overseas Class Licence and the Amateur Licence LCD may result in various consequences. While the notice does not detail specific offences or penalties, the Act generally provides for both civil and criminal penalties for breaches. These can include fines and, in some cases, imprisonment. The maximum penalties for breaches of the Radiocommunications Act are determined by the severity of the offence and the specific provisions of the Act that have been contravened. Interested parties are encouraged to review the full text of the Act and any relevant amendments to understand the potential consequences of non-compliance fully.