EXPLANATORY STATEMENT
Statutory Rule No. 344 1990
Radiocommunications (Certificates of Proficiency)
Regulations (Amendment)
Issued by the Authority of the Minister for Transport and Communications
Section 93 of the Radiocommunications Act 1983 (the Act) provides that the Governor-General may make regulations for the purposes of the Act, and that the regulations may make provision for and in relation to the issuing of Certificates of Proficiency under section 31 of the Act.
Subsection 31(1) of the Act provides that the Minister may grant to an applicant a Certificate of Proficiency certifying that, for the purposes of the Act, the holder shall be taken to be a qualified operator in relation to transmitter licences included in specified classes of transmitter licences.
Subsection 31(2) of the Act provides that the Minister shall not issue a certificate under subsection (1) unless, among other things, he is satisfied that the applicant has achieved or is likely to achieve satisfactory results in examinations conducted in accordance with the regulations.
The Radiocommunications (Certificates of Proficiency) Regulations (the Regulations) provide for the conduct of such examinations.
The regulations were amended as a result of the introduction of the Global Maritime Distress and Safety System (GMDSS) developed by the International Maritime Organisation (IMO).
The purpose of GMDSS is to ensure that all vessels at sea can receive maritime safety information relating to weather and navigation warnings and can quickly contact, and be contacted by, search and rescue authorities via HF radio or satellite no matter where the vessels are operating. The
1974 Safety of Life at Sea (SOLAS) Convention, to which Australia is a signatory, is being amended to reflect the new GMDSS system. In 1987 the International Telecommunications Union (ITU) introduced a new chapter (Ch.9) into the international Radio Regulations to deal with automated communications for the new system and, in
particular, the necessary qualifications for operators of the new equipment.
It is planned that Australia will implement the new system prior to 1991 (the GMDSS is to be globally operational by 1997). As a result, vessels have begun to install the necessary equipment. New classes of certificates of proficiency therefore needed to be introduced for issue to prospective operators of that equipment. The new classes, as specified in the international Radio Regulations, are:
First-Class Radio Electronic Operator’s certificate
Second-Class Radio Electronic Operator’s certificate
General Operator’s certificate
Details of the amendments to the Regulations are as follows:
Principal Regulations
Regulation 1 provided that, for the purposes of these amendments, the Radiocommunications (Certificates of Proficiency) Regulations are the Principal Regulations.
Interpretation
Regulation 2 introduced a definition of SOLAS (Safety of Life at Sea Convention).
Examinations
Regulation 3 inserted new regulations 6A, 6B and 6C into the Principal Regulations, which introduce examinations for First Class Radio Electronic Operators, Second Class Radio Electronic Operators and General Operators, and list the matters to which those examinations will relate.
Schedule 1
Regulation 4 amended Schedule 1 of the Principal Regulations to add a new item. Each examination introduced by regulation 3 relates to the operation of transmitters that are or form part of the stations listed in the new item.
Schedule 2 Part I
Regulation 5 amended Schedule 2 Part 1 of the Principal Regulations to impose fees for the examinations introduced by regulation 3.