Notification of Proposed Revocation of Radiocommunications (Maritime Ship Station – 27MHz and VHF) Class Licence 2001

Overview

The Radiocommunications Act 1992 was enacted to regulate the use of radiocommunications in Australia, including maritime operations. The Act was introduced to address the need for a comprehensive regulatory framework that ensures the efficient use of radio frequencies and the safety of maritime communications. The Australian Communications and Media Authority (ACMA) is the body responsible for administering the Act, with a policy objective to maintain an effective and efficient radiocommunications regulatory system. In accordance with the Act, the ACMA proposes to revoke the existing Radiocommunications (Maritime Ship Station – 27MHz and VHF) Class Licence 2001 and replace it with the Radiocommunications (Maritime Ship Station – 27MHz and VHF) 2015 Class Licence to ensure the ongoing preservation of its effect. Additionally, the new licence will incorporate the Australian Waters Qualification (AWQ) for marine radio operators using VHF radio solely within Australian territorial waters and inland waterways. The ACMA is seeking public input on this proposed revocation and new licence.

Scope and Application

The Radiocommunications Act 1992, as it applies through the Australian Communications and Media Authority (ACMA), governs the operation of radiocommunications equipment, including maritime ship stations, within Australia. The Act applies to all persons and entities operating radiocommunications equipment, specifically maritime ship stations, under the Radiocommunications (Maritime Ship Station – 27MHz and VHF) Class Licence 2001. This class licence permits the operation of 27 MHz and Very High Frequency (VHF) radiocommunications equipment in maritime environments, within the shared maritime radiofrequency spectrum. The geographic reach of this Act is national, covering all maritime operations within Australia’s territorial waters and inland waterways. However, the Act does not specify exclusions or exemptions, but the new 2015 Class Licence will incorporate the Australian Waters Qualification (AWQ) to cater specifically to operators within Australian territorial waters and inland waterways. The ACMA’s proposed revocation of the existing Class Licence and the introduction of the new 2015 Class Licence will ensure the ongoing regulatory framework remains effective, reflecting current operational needs and qualifications.

Key Provisions

The Australian Communications and Media Authority (ACMA) has provided notice under section 136 of the Radiocommunications Act 1992 (the Act) of its intention to revoke the Radiocommunications (Maritime Ship Station – 27MHz and VHF) Class Licence 2001 (the Class Licence). This proposal is in line with the legislative requirement to sunset certain legislative instruments after approximately ten years, as stipulated by the Legislative Instruments Act 2003 (LIA). The Class Licence, which authorises the operation of 27 MHz and VHF radiocommunications equipment in maritime environments, is set to sunset on 1 October 2015. To ensure continuity, the ACMA plans to revoke the existing Class Licence and issue a new class licence, the Radiocommunications (Maritime Ship Station – 27MHz and VHF) 2015 (the 2015 Class Licence). This new licence will be substantially similar to the existing one, with the addition of the Australian Waters Qualification (AWQ), intended for VHF marine radio operators using the equipment within Australian territorial waters and inland waterways. Under the Act, the ACMA has obligations to manage and regulate radiocommunications to ensure they are conducted in a manner that is efficient and does not cause harmful interference. The sunsetting process ensures that the legislative instruments remain relevant and only remain in force as long as necessary, as outlined in section 49 of the LIA. The ACMA's proposal to revoke and remake the Class Licence is a procedural requirement to preserve its effect and to incorporate updated qualifications, such as the AWQ, which are suitable for operators within Australian waters. This process is intended to maintain the effectiveness and relevance of the regulatory framework governing maritime radiocommunications. Breaches of the provisions in the Act could result in legal consequences. Specifically, section 132 of the Act empowers the ACMA to revoke class licences if they are no longer necessary or if the terms of the licence have been violated. Additionally, any person or entity failing to comply with the terms of the Class Licence could face penalties as outlined in the Act. These may include fines, imprisonment, or other sanctions as determined by a court. The maximum penalties for contravening the Act are not specified in the notice but can be found in the relevant sections of the Act and associated regulations. The ACMA is inviting representations from interested parties regarding the proposed revocation of the Class Licence. Representations must be submitted no later than 8 May 2015 and can be made in writing to the ACMA's Spectrum Licensing Policy Section. This process allows stakeholders to provide input and feedback, ensuring that the regulatory framework is fair and effective. The ACMA’s contact details are provided for those wishing to submit their representations, either by post, telephone, fax, or email. This step is crucial for maintaining transparency and ensuring that all relevant interests are considered in the regulatory decision-making process.