Radiocommunications (Certificates of Proficiency – Minimum Age) Declaration 2025

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2025L00315 In force Legislative Instrument

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EXPLANATORY STATEMENT

Approved by the Australian Communications and Media Authority

Radiocommunications Act 1992

Radiocommunications (Certificates of Proficiency – Minimum Age) Declaration 2025

Authority

The Australian Communications and Media Authority (the ACMA) has made the Radiocommunications (Certificates of Proficiency – Minimum Age) Declaration 2025 (the Minimum Age Declaration) under subsection 122(2) of the Radiocommunications Act 1992 (the Act) and subsection 33(3) of the Acts Interpretation Act 1901 (the AIA).

Subsection 122(1) of the Act provides that the ACMA must not issue a certificate of proficiency unless, among other things, the ACMA is satisfied that the applicant has reached the minimum age in relation to the class of certificates in which the certificate is included. Subsection 122(2) of the Act defines ‘minimum age’, in relation to a class of certificates of proficiency, to mean the age that the ACMA declares to be the minimum age for the purposes of section 122 in relation to that class.

Subsection 33(3) of the AIA 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 and operation of the instrument

The purpose of the Minimum Age Declaration is to revoke and replace the Radiocommunications (Minimum Age for Issue of Certificates of Proficiency) Declaration 2015 (the 2015 Declaration) without making any significant changes to the regulatory arrangements created by the 2015 Declaration.

The ACMA has made the Minimum Age Declaration because the 2015 Declaration was due to ‘sunset’ (that is, to be automatically repealed) on 1 October 2025 under Part 4 of the Legislation Act 2003 (the LA). Following a review, informed by a public consultation process described below, the ACMA formed the view that the 2015 Determination was operating effectively and efficiently and continued to form a necessary and useful part of the legislative framework.

Under section 120 of the Act, a person who wishes to be a qualified operator for certain kinds of transmitter licences may apply to the ACMA for a certificate of proficiency. Under subsection 122(1), the ACMA must not issue a certificate of proficiency unless the ACMA is satisfied that the applicant has reached the minimum age in relation to the class of certificates in which the certificate applied for is included.

The Minimum Age Declaration sets out the minimum age (16 years) required to be met before specified classes of certificates of proficiency can be issued. A certificate of proficiency is required to be held in order to operate radiocommunication devices under certain apparatus licences.

The Minimum Age Declaration does not refer to certificates of proficiency that are no longer issued by the ACMA under section 122 of the Act. Global Maritime Distress and Safety System (GMDSS) certificates are now issued by the Australian Maritime Safety Authority (AMSA) under the Navigation Act 2012 in accordance with the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers requirements.

A provision-by-provision description of the Minimum Age Declaration is set out in the notes at Attachment A.

The Minimum Age Declaration is a legislative instrument for the purposes of the LA, and is disallowable. The Minimum Age Declaration is subject to the sunsetting provisions in Part 4 of Chapter 3 of the LA.

Documents incorporated by reference

The Minimum Age Declaration does not incorporate any document by reference.

Consultation

Before the Minimum Age Declaration was made, the ACMA was satisfied that consultation was undertaken to the extent appropriate and reasonably practicable, in accordance with section 17 of the LA.

The ACMA published a draft of the Minimum Age Declaration alongside a related instrument and an accompanying consultation paper on the ACMA website on 1 November 2024 for a period of 6 weeks. The consultation paper invited comments on the proposed draft of the Minimum Age Declaration. The ACMA used its bulletin subscription service to notify interested stakeholders and the public about the publication. AMSA and relevant State and Territory authorities were advised of the publication directly. The ACMA also consulted with AMSA throughout the remaking process to ensure that the Minimum Age Declaration reflects current international practice.

The ACMA received 2 submissions in response to the consultation paper. A submission received from AMSA supported making the Minimum Age Declaration as proposed. A submission from the Scout Association of Australia, Western Australian Branch requested that the minimum age required to obtain a certain certificate of proficiency be lowered.

The ACMA had regard to these views, and considered that 16 remains an appropriate minimum age to obtain a certificate of proficiency.

A person that holds a certificate of proficiency and operates a marine radio outside Australia’s territorial sea has a duty of care to respond to a distress signal. We do not think it is appropriate that such a duty of care is potentially be placed on someone under the age of 16. We consider that requiring a person to be 16 years of age to obtain a certificate is a balanced approach considering the safety, training and practical responsibilities involved in operating maritime radio in situations of distress beyond the Australian territorial sea.

Accordingly, no changes were made to the Minimum Age Declaration arising from consultation.

Regulatory impact assessment

The ACMA considered whether a regulatory impact analysis process is required by undertaking a preliminary assessment. Based on this preliminary assessment, the Office of Impact Analysis (OIA) has determined that the proposed regulatory change effected by the Minimum Age Declaration is minor or machinery in nature and has therefore verified that no further regulatory impact analysis is required (OIA24-08474).

Statement of compatibility with human rights

Subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011 requires the rule-maker in relation to a legislative instrument to which section 42 (disallowance) of the LA applies to cause a statement of compatibility with human rights to be prepared in respect of that legislative instrument.

The statement of compatibility with human rights set out below has been prepared to meet that requirement.

Overview of the instrument

Under section 120 of the Act, a person who wishes to be a qualified operator for certain kinds of transmitter licences may apply to the ACMA for a certificate of proficiency. Under subsection 122(1), the ACMA must not issue a certificate of proficiency unless the ACMA is satisfied that the applicant has reached the minimum age in relation to the class of certificates in which the certificate applied for is included.

The Minimum Age Declaration sets out the minimum age (16 years) required to be met before specified classes of certificates of proficiency can be issued. A certificate of proficiency is required to be held in order to operate radiocommunication devices under certain apparatus licences. 

Human rights implications

The ACMA has assessed whether the Minimum Age Declaration is compatible with human rights, being the rights and freedoms recognised or declared by the international instruments listed in subsection 3(1) of the Human Rights (Parliamentary Scrutiny) Act 2011 as they apply to Australia.

Having considered the likely impact of the Minimum Age Declaration and the nature of the applicable rights and freedoms, the ACMA has formed the view that the Minimum Age Declaration does not engage any of those rights or freedoms.

Conclusion

The Minimum Age Declaration is compatible with human rights as it does not raise any human rights issues.


Attachment A

Notes to the Radiocommunications (Certificates of Proficiency – Minimum Age) Declaration 2025

Section 1 Name

This section provides for the Minimum Age Declaration to be cited as the Radiocommunications (Certificates of Proficiency – Minimum Age) Declaration 2025.

Section 2 Commencement

This section provides for the Minimum Age Declaration to commence at the start of the day after the day it is registered on the Federal Register of Legislation.

The Federal Register of Legislation may be accessed free of charge at www.legislation.gov.au.

Section 3 Authority

This section identifies the provision of the Act that authorises the making of the Minimum Age Declaration, namely subsection 122(2) of the Act.

Section 4 Repeal

This section provides that the 2015 Declaration is repealed.

Section 5 Certificates of proficiency – minimum age

This section provides that the minimum age for the following certificates of proficiency is 16 years:

  • the Long Range Operator Certificate of Proficiency;
  • the Marine Satellite Communications Endorsement;
  • the Short Range Operator Certificate of Proficiency.

 

Overview

The Radiocommunications (Certificates of Proficiency – Minimum Age) Declaration 2025 was enacted by the Australian Communications and Media Authority (ACMA) under the Radiocommunications Act 1992. This legislation addresses the need to set a minimum age for the issuance of certain certificates of proficiency required for operating radiocommunication devices under specific apparatus licenses. The ACMA determined that the previously established minimum age of 16 years remained appropriate following a public consultation process. The primary policy objective of this declaration is to ensure that individuals who operate radiocommunication devices, particularly in potentially life-threatening maritime situations outside Australia’s territorial sea, possess the necessary maturity and training to responsibly handle such duties. The Minimum Age Declaration revokes and replaces the Radiocommunications (Minimum Age for Issue of Certificates of Proficiency) Declaration 2015, maintaining the same regulatory framework with no significant changes. The declaration sets the minimum age at 16 years for the Long Range Operator Certificate of Proficiency, the Marine Satellite Communications Endorsement, and the Short Range Operator Certificate of Proficiency. The ACMA considered the feedback from stakeholders, including the Australian Maritime Safety Authority and the Scout Association of Australia, Western Australian Branch, and determined that the age requirement remains suitable to balance safety, training, and the practical responsibilities associated with operating maritime radio in distress situations beyond Australian territorial waters.

Scope and Application

The Radiocommunications (Certificates of Proficiency – Minimum Age) Declaration 2025, made by the Australian Communications and Media Authority (ACMA) under the Radiocommunications Act 1992, pertains specifically to the minimum age requirement for the issuance of certain certificates of proficiency in radiocommunications. This legislative instrument applies to individuals seeking to obtain specified classes of certificates of proficiency to operate radiocommunication devices under particular apparatus licences. The declared minimum age of 16 years applies to the Long Range Operator Certificate of Proficiency, the Marine Satellite Communications Endorsement, and the Short Range Operator Certificate of Proficiency. The declaration ensures that the ACMA can only issue these certificates to applicants who have attained the specified minimum age, thereby reinforcing safety and competence standards in radiocommunications operations. The declaration is a direct replacement for the Radiocommunications (Minimum Age for Issue of Certificates of Proficiency) Declaration 2015, which was due to sunset on 1 October 2025, and it maintains the same regulatory framework while ensuring ongoing compliance with legislative requirements. Certificates of proficiency for Global Maritime Distress and Safety System (GMDSS), now issued by the Australian Maritime Safety Authority under the Navigation Act 2012, are not covered by this declaration. The declaration is subject to disallowance and will sunset in accordance with the provisions of the Legislation Act 2003.

Key Provisions

The Radiocommunications (Certificates of Proficiency – Minimum Age) Declaration 2025, made by the Australian Communications and Media Authority (ACMA), establishes that a minimum age of 16 years is required for certain classes of certificates of proficiency under the Radiocommunications Act 1992 (section 5). These certificates include the Long Range Operator Certificate of Proficiency, the Marine Satellite Communications Endorsement, and the Short Range Operator Certificate of Proficiency. A certificate of proficiency is necessary to operate radiocommunication devices under certain apparatus licences (section 122(1) of the Act). The Declaration imposes several obligations on the ACMA and applicants for certificates of proficiency. The ACMA must not issue a certificate of proficiency unless it is satisfied that the applicant has reached the specified minimum age for the relevant class of certificate (subsection 122(1) of the Act). Applicants must meet the minimum age requirement before applying for and obtaining these certificates. Non-compliance with these age requirements could result in the ACMA refusing to issue the certificate, thereby preventing the applicant from legally operating radiocommunication devices under certain apparatus licences. The Declaration does not explicitly list specific offences, penalties, or consequences for breach. However, under the Radiocommunications Act 1992, the ACMA has the authority to take enforcement actions for breaches related to the issuance and operation of certificates of proficiency. Such actions may include fines, revocation of licences, or other administrative measures. The precise penalties would be determined according to the specific breach and relevant sections of the Radiocommunications Act 1992.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.