Notification of Proposed Revocation of Radiocommunications (Radio-Controlled Models) Class Licence 2002

Overview

The Australian Communications and Media Authority (ACMA) has issued a notice under section 136 of the Radiocommunications Act 1992 regarding the proposed revocation of the Radiocommunications (Radio-controlled Models) Class Licence 2002. This licence governs the conditions, operating requirements, and technical parameters for the radio-controlled operation of model aircraft, model watercraft, and model land craft. The enactment of the Radiocommunications Act 1992 was primarily to regulate radiocommunications, ensuring they are conducted safely and efficiently. The proposed revocation is necessitated by the impending sunset of the Class Licence on 1 October 2015, as stipulated by the Legislative Instruments Act 2003, which mandates the automatic repeal of certain legislative instruments after approximately ten years. To maintain its ongoing effect, ACMA proposes to revoke and remake the Class Licence in substantially the same form. The ACMA is inviting representations from interested parties by 28 April 2014 to ensure transparency and incorporate relevant feedback before finalising the changes.

Scope and Application

The Australian Communications and Media Authority (ACMA) has issued a notice under section 136 of the Radiocommunications Act 1992 regarding the proposed revocation of the Radiocommunications (Radio-controlled Models) Class Licence 2002. This Class Licence sets out the conditions, requirements, and technical parameters for the use of radiocommunications devices in controlling model aircraft, watercraft, and land crafts. The revocation is proposed due to the impending sunset date of the Class Licence under the Legislative Instruments Act 2003, which mandates the automatic repeal of certain legislative instruments after approximately ten years to ensure they remain relevant and necessary. ACMA intends to revoke the existing Class Licence and remake it in substantially the same form to preserve its ongoing effect, and is seeking representations from interested parties by 28 April 2014. The Class Licence applies to individuals and entities operating radio-controlled model devices within Australia, and the revocation would have nationwide implications as the Act operates under the Commonwealth jurisdiction. The proposed changes and consultation documents are available on the ACMA’s website, and physical or electronic copies can be requested from the ACMA’s Melbourne Office.

Key Provisions

The Australian Communications and Media Authority (ACMA) has issued a notice under section 136 of the Radiocommunications Act 1992 (the Act), proposing to revoke the Radiocommunications (Radio-controlled Models) Class Licence 2002 (the Class Licence) in accordance with section 135 of the Act. This Class Licence outlines the conditions, operating requirements, and technical parameters for the use of radiocommunications devices in radio-controlled model aircraft, watercraft, and land craft (section 136). Given that the Legislative Instruments Act 2003 mandates the automatic repeal of certain legislative instruments approximately 10 years after their registration, a process known as sunsetting, the Class Licence will cease to have effect on 1 October 2015 unless it is revoked and remade beforehand. The ACMA intends to revoke the Class Licence and remake it in substantially the same form to ensure its continued effect (section 49 of the LIA). The ACMA’s proposal imposes specific obligations on those who operate radio-controlled models under the Class Licence. All stakeholders, including model enthusiasts, clubs, and organisations, must comply with the current conditions, operating requirements, and technical parameters set out in the Class Licence until it is revoked and remade. The ACMA requires all interested parties to submit written representations regarding the proposed revocation by 28 April 2014 to facilitate the review process and ensure that any concerns or suggestions are considered before the final decision is made. Submissions can be addressed to the Manager of the Radiocommunication Licensing Policy and Allocations Capability Section at the ACMA or emailed to Radiocommunications.Policy@acma.gov.au. Failure to comply with the provisions of the Radiocommunications Act 1992 and the Radiocommunications (Radio-controlled Models) Class Licence 2002 may result in various civil or criminal consequences. Under the Act, unauthorised use of radiocommunications devices or non-compliance with the licence conditions may lead to penalties. For example, section 166 of the Act stipulates that a person who contravenes a provision of the Act or a licence condition is liable to a penalty. The maximum penalty for a corporation is generally determined by the seriousness of the offence, with higher penalties applicable for more severe breaches. Specific penalties are outlined in the Act and related regulations, and the exact amount can vary depending on the nature and severity of the breach.