Notification of the draft Radiocommunications (Aircraft and Aeronautical Mobile Stations) Class Licence Variation 2018 (No.1)

Overview

The Radiocommunications Act 1992, enacted by the Commonwealth of Australia, was designed to regulate radiocommunications in Australia, including the use of radio frequencies by aircraft and aeronautical mobile stations. To address a gap identified in the operator qualifications condition of the Radiocommunications (Aircraft and Aeronautical Mobile Stations) Class Licence 2016, the Australian Communications and Media Authority (ACMA) proposed the Radiocommunications (Aircraft and Aeronautical Mobile Stations) Class Licence Variation 2018 (No.1). This proposed variation aims to broaden the scope of qualified operators by aligning the operator qualifications condition with relevant qualifications conferred by the Civil Aviation Safety Authority (CASA), thereby ensuring that all appropriately qualified individuals are authorised to operate aircraft and aeronautical mobile stations under the class licence. The ACMA is seeking public input on the draft variation to ensure that the amendments effectively address the identified gap and meet the policy objective of inclusivity and safety in aviation communications.

Scope and Application

The Radiocommunications Act 1992 applies to a broad range of entities and individuals within the Commonwealth of Australia, particularly those involved in the use and operation of radiocommunications, including aircraft and aeronautical mobile stations. The Act provides a legislative framework for the regulation and management of radiocommunications services, ensuring that such services are provided efficiently and effectively. The draft Radiocommunications (Aircraft and Aeronautical Mobile Stations) Class Licence Variation 2018 (No.1) proposed by the Australian Communications and Media Authority (ACMA) seeks to refine and update the conditions under which operators of aircraft and aeronautical mobile stations are licensed. This variation aims to align the qualifications required for operators with those recognised by the Civil Aviation Safety Authority (CASA), ensuring that all relevantly qualified individuals can operate under the class licence without exclusion. The scope of this Act and the proposed variation extends to all operators of aircraft and aeronautical mobile stations within Australia, necessitating compliance with the updated qualifications condition to maintain lawful operation. The ACMA is inviting public submissions to ensure the legislative changes are comprehensive and appropriately address the identified issues, reflecting the need for a cohesive regulatory approach between different governmental bodies overseeing aviation and communications.

Key Provisions

The draft Radiocommunications (Aircraft and Aeronautical Mobile Stations) Class Licence Variation 2018 (No.1) (section 136) proposes amendments to the Radiocommunications (Aircraft and Aeronautical Mobile Stations) Class Licence 2016 (section 7) by the Australian Communications and Media Authority (ACMA). The primary aim of this draft Variation is to broaden the scope of the operator qualifications condition, ensuring that all appropriately qualified persons are authorised to operate aircraft and aeronautical mobile stations under the class licence. This change is in response to advice from the Civil Aviation Safety Authority (CASA), which indicated that the current qualifications condition may be too narrow and could exclude qualified individuals. The draft Variation includes specific amendments to section 7 of the Radiocommunications (Aircraft and Aeronautical Mobile Stations) Class Licence 2016, by referencing the qualifications conferred by CASA. This ensures that the qualifications recognised by CASA are also recognised under the class licence, thereby expanding the pool of eligible operators. Additionally, the draft Variation proposes minor changes to update references for consistency within the document. These changes aim to streamline the licensing process and avoid confusion by aligning the terminology and references used in the licence with those used by CASA. Entities and individuals governed by the Radiocommunications (Aircraft and Aeronautical Mobile Stations) Class Licence 2016 have obligations under the draft Variation. Operators must ensure that they, and any relevant personnel, meet the qualifications specified under the amended section 7 of the class licence. This includes providing evidence of qualifications as conferred by CASA. Failure to meet these qualifications could result in non-compliance with the class licence conditions, potentially leading to legal consequences. The ACMA and CASA will likely monitor compliance to ensure that all operators adhere to the updated qualifications requirements. For breaches of the Radiocommunications Act 1992, including non-compliance with the amended class licence conditions, the Act provides for both civil and criminal penalties. Section 127 of the Act outlines the potential penalties for breaches, which may include fines and imprisonment. The maximum penalty for contravening a class licence condition can be significant, reflecting the importance of adhering to the legislative requirements. Operators are thus advised to ensure that they are fully aware of, and compliant with, the updated qualifications conditions to avoid any potential penalties or legal action.