EXPLANATORY STATEMENT
Approved by the Australian Communications and Media Authority
Radiocommunications Act 1992
Radiocommunications (Aircraft and Aeronautical Mobile Stations) Class Licence Variation 2018 (No. 1)
Authority
The Australian Communications and Media Authority (the ACMA) has made the Radiocommunications (Aircraft and Aeronautical Mobile Stations) Class Licence Variation 2018 (No. 1) (the instrument). The instrument is made under subsection 132(1) of the Radiocommunications Act 1992 and subsection 33(3) of the Acts Interpretation Act 1901.
Subsection 132(1) of the Radiocommunications Act 1992 provides that the ACMA may, by legislative instrument, issue class licences.
Subsection 33(3) of the Acts Interpretation Act 1901 relevantly provides that where an Act confers a power to make a legislative instrument, the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.
Purpose
The instrument varies the Radiocommunications (Aircraft and Aeronautical Mobile Stations) Class Licence 2016 (the Class Licence). The Class Licence revoked and replaced the Radiocommunications (Aircraft and Aeronautical Mobile Stations) Class Licence 2006.
In November 2017, the ACMA became aware that the operator qualification condition in the Class Licence required amendment. In particular, reference was not made to all of the relevant legislative instruments administered by the Civil Aviation Safety Authority (CASA) under which a person becomes qualified to transmit on a radio frequency that is used for the safety of air navigation. Being so qualified is a condition for a person to operate a radiocommunications device under the Class Licence. Legislative instruments made by CASA are registered on the Federal Register of Legislation and may be accessed at www.legislation.gov.au.
Through consultation, described below, the ACMA proposed to vary the operator qualification condition to ensure that all persons qualified under relevant CASA legislative instruments are authorised to operate radiocommunications devices under the Class Licence. This also required replacing the definition of Civil Aviation Regulations and Civil Aviation Orders with a single definition of civil aviation instrument. The new definition makes reference to the Civil Aviation Regulations 1988, the Civil Aviation Safety Regulations 1998, instruments made under those regulations, and other instruments made under the Civil Aviation Act 1988. The definition captures the Civil Aviation Orders issued under the Civil Aviation Regulations 1988 that are currently referenced in the Class Licence. The definition also now captures the Manual of Standards issued under the Civil Aviation Safety Regulations 1998. These are all instruments under which a person may be qualified to transmit for CASA purposes.
The CASA legislative framework, and the means by which a person becomes qualified under the CASA legislative regime are relevant for the purpose of operator qualification under the Class Licence. Further information can be found on the CASA website at www.casa.gov.au.
Operation
The Class Licence contains the licence conditions, operating requirements and technical parameters associated with the operation of a range of aeronautical radiocommunications and radionavigation equipment that are operated on a common group of frequencies and that are fixed to, or carried on board an aircraft (aircraft stations). The Class Licence also authorises the operation of ground-based mobile aeronautical stations that operate on the same common group of frequencies (aeronautical mobile stations).
The authorisation provided by the Class Licence is subject to conditions, including that:
aircraft stations and aeronautical mobile stations only be operated for particular purposes on specified frequencies;
devices included in aircraft stations or aeronautical mobile stations comply with certain technical specifications and standards;
aircraft and aeronautical mobile station operators be appropriately qualified; and
aircraft stations and aeronautical mobile stations be identified.
Notes to the instrument are set out at Attachment B.
Consultation
Under section 136 of the Radiocommunications Act 1992, before varying a class licence, the ACMA must cause to be published a written notice that states the ACMA proposes to vary the class licence, states the subject matter of the proposed variation, sets out the class licence and the proposed variation, and invites interested persons to make representations about the proposed variation by a date at least one month after the publication of the notice.
The ACMA published a written notice, consultation paper and draft variation instrument on its website between 12 February 2018 and 16 March 2018. The ACMA also published a notice in the Australian Government Notices Gazette on 14 February 2018. The consultation paper requested representations on the proposed instrument.
The ACMA received one submission in response to the consultation paper, from Cobham Aviation Services. The submission supported the proposed amendments.
Regulatory Impact
A preliminary assessment of the proposal to make the instrument was conducted by the Office of Best Practice Regulation (OBPR), based on information provided by the ACMA, for the purposes of determining whether a Regulation Impact Statement (RIS) would be required. OBPR advised that a RIS would not be required due to the minor nature of the amendments made through the instrument (OBPR ID: 23213).
Attachment A
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Radiocommunications (Aircraft and Aeronautical Mobile Stations) Class Licence Variation 2018 (No. 1)
This instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the instrument
The Radiocommunications (Aircraft and Aeronautical Mobile Stations) Class Licence 2016 (the Class Licence) authorises the operation of a range of aeronautical radiocommunications and radionavigation equipment that is operated on a common group of frequencies that are fixed to – or carried on board – an aircraft (aircraft stations). The Class Licence also authorises the operation of ground-based mobile aeronautical stations that operate on the same common group of frequencies (aeronautical mobile stations). The Class Licence is subject to conditions, including that persons operating such stations are relevantly qualified.
This variation to the Class Licence is designed to extend the range of persons who are qualified to operate aircraft and aeronautical mobile stations under the Class Licence. This extension is based on advice received by the ACMA from the Civil Aviation Safety Authority (CASA). The variation broadens references to legislation administered by CASA under which persons are considered as qualified.
Human Rights Implications
This instrument does not engage any of the applicable rights or freedoms. The purpose of the Class Licence variation is to permit the operation of a relevant station where certain conditions related to qualifications of a person are met. These conditions do not restrict any human rights or freedoms. The variation is designed to extend the range of persons who are qualified for the operation of a station.
Conclusion
This instrument is compatible with human rights as it does not raise any human rights issues.
Attachment B
Notes to the Radiocommunications (Aircraft and Aeronautical Mobile Stations) Class Licence Variation 2018 (No. 1)
Part 1
Section 1
Section 1 provides that the instrument is the Radiocommunications (Aircraft and Aeronautical Mobile Stations) Class Licence Variation 2018 (No. 1).
Section 2
Section 2 provides that the instrument commences on the day after it is registered on the Federal Register of Legislation.
Section 3
Section 3 provides that the instrument is made under subsection 132(1) of the Radiocommunications Act 1992.
Section 4
Section 4 provides that the instrument specified in Schedule 1 is amended as set out in that Schedule.
Schedule 1
1 Subsection 4(1)
Repeals the definition of charter purposes and substitutes a new definition referencing the Civil Aviation Regulations 1988.
2 Subsection 4(1)
Repeals the definition of Civil Aviation Regulations.
3 Subsection 4(1)
Inserts a new definition of civil aviation instrument which defines the instruments administered by CASA under which a person is qualified to transmit on a radio frequency used for the safety of air navigation, and so authorised to operate radiocommunications devices for the purpose of the instrument. More information on the subordinate legislation administered by CASA can be found on its website at www.casa.gov.au.
4 Subsection 4(1)
Repeals the definition of Civil Aviation Orders.
5 Subsection 4(1)
Repeals the definition of sport aviation body and substitutes a new definition referencing the Dictionary of the Civil Aviation Safety Regulations 1988 instead of subregulation 2(1) of the Civil Aviation Regulations.
6 Section 6 (note 1)
Repeals the note and substitutes a new note that refers to the term “civil aviation instrument”.
7 Section 7
Repeals the section and substitutes a new section that refers to the Civil Aviation Act 1988 and the term civil aviation instrument.