EXPLANATORY STATEMENT
Issued by the Australian Communications and Media Authority
Radiocommunications (Aircraft and Aeronautical Mobile Stations) Class Licence Variation 2012 (No. 1)
Radiocommunications Act 1992
Purpose
The purpose of the Radiocommunications (Aircraft and Aeronautical Mobile Stations) Class Licence Variation 2012 (No. 1) (the Class Licence Variation) is to vary the Radiocommunications (Aircraft and Aeronautical Mobile Stations) Class Licence 2006 (the Class Licence).
This Class Licence Variation varies the Class Licence by replacing a reference to a superseded standard, the Radiocommunications (118MHz to 137MHz Amplitude Modulated Equipment — Aeronautical Radio Service) Standard 2002 (2002 standard) with a reference to the Radiocommunications (118MHz to 137MHz Amplitude Modulated Equipment — Aeronautical Radio Service) Standard 2012 (2012 standard).
Legislative provisions
Under subsection 132(1) of the Radiocommunications Act 1992 (the Act), the Australian Communications and Media Authority (ACMA) may, by notice published in the Gazette, issue class licences. Under subsection 133(1) of the Act the ACMA may include in a class licence, such conditions as it thinks fit. Subsection 133(2) lists examples of the types of conditions that may be included in a class licence.
Section 134 of the Act provides that, subject to section 136, the ACMA may, by notice published in the Gazette, include one or more further conditions or revoking or varying any conditions of the licence.
A variation made under section 134 of the Act is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
Background
The Class Licence authorises the operation of aeronautical radiocommunications and radionavigation equipment fixed to or carried on-board aircraft. In addition, it authorises low power ground-based aeronautical mobile stations operating on the common group of frequencies for purposes such as glider operations, air shows, helicopter operations and aero club operations.
Under section 6 of the Class Licence, devices forming part of an aircraft or an aeronautical mobile station must comply with the relevant specification, equipment compliance requirement or standards referred to in Schedule 1 of the Class Licence. The 2002 standard is listed in Schedule 1.
Operation
The Class Licence Variation amends Schedule 1 of the Class Licence to replace a reference to the 2002 standard with the new 2012 standard. The 2012 standard provides that the applicable standard for performance for a radiocommunications device that is amplitude modulated equipment used in the aeronautical radio service in the frequency range 118MHz to 137MHz is AS/NZS 4583:2010 (incorporating Amendment No. 1) (AS/NZS 4583:2010/Amdt 1).
The 2002 standard was made in May 2002. The 2002 standard adopts the industry standard AS/NZS 4583:1999 as the standard for performance for aeronautical equipment. Following approval by Standards Australia in September 2009 and Standards New Zealand in March 2010, a revised industry standard was jointly published by Standards Australia and Standards New Zealand in April 2010 as AS/NZS 4583:2010. A further amendment to AS/NZS 4583:2010 was published on 9 July 2012.
Consultation
Section 136 of the Act requires the ACMA to conduct a public consultation process via publishing a Gazette notice and to give due consideration to any representations made before a class licence can be varied. The consultation requirements of section 17 of the Legislative Instruments Act 2003 are also applicable.
A general call for comment on the Class Licence Variation was made on the ACMA website home page commencing on 22 March 2012 and concluding on 29 April 2012. In addition, a broad range of radiocommunications industry peak bodies, manufacturers, importers, consultants and Government agencies were directly approached for comment. The ACMA also published a notice in the Gazette on 28 March 2012 regarding the proposal to vary the Class Licence.[1]
One submission was received from Qantas Airways advising that it did not have any objections to the proposed Class Licence Variation.
Regulation Impact
The ACMA’s Best Practice Regulation Coordinator determined that the change proposed in the Class Licence Variation was minor and machinery in nature and a Regulation Impact Statement was not required. The Office of Best Practice Regulation was consulted during this process and issued the ACMA with reference number ID 13397 for the Class Licence Variation and other associated legislative instruments.[2]
Notes on Sections
The provisions of the Class Licence Variation are described in Attachment 1.
Statement of Compatibility with Human Rights
A statement of compatibility with human rights for the purposes of Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 is set out in Attachment 2.
Attachment 1
Notes on the Instrument
Section 1 Name of Variation
Section 1 provides that the name of the Class Licence Variation is the Radiocommunications (Aircraft and Aeronautical Mobile Stations) Class Licence Variation 2012 (No. 1)
Section 2 Commencement
Section 2 provides that the Class Licence Variation commences on the last of the following dates:
(a) the date on which the Class Licence Variation Notice is registered;
(b) the date on which the Class Licence Variation is gazetted; and
(c) the commencement of the Radiocommunications (118MHz to 137MHz Amplitude Modulated Equipment – Aeronautical Radio Service) Standard 2012.
Note 2 states that all of the listed events must occur before the Class Licence Variation can commence.
Section 3 Variation of Radiocommunications (Aircraft and Aeronautical Mobile Stations) Class Licence 2006
Section 3 provides that Schedule 1 varies the Radiocommunications (Aircraft and Aeronautical Mobile Stations) Class Licence 2006.
Schedule 1 Variation
Item [1] Schedule 1, Part 1.1, Item 7
This item substitutes the reference to the Radiocommunications (118MHz to 137MHz Amplitude Modulated Equipment – Aeronautical Radio Service) Standard 2002 with a reference to the Radiocommunications (118MHz to 137MHz Amplitude Modulated Equipment – Aeronautical Radio Service) Standard 2012.
Attachment 2
[1] See pages 780-781.
[2] The reference number ID also applies to the Radiocommunications (118MHz to 137MHz Amplitude Modulated Equipment – Aeronautical Radio Service) Standard 2012 and the Radiocommunications Devices (Compliance Labelling) Amendment Notice 2012 (No. 1)