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.
Overview
The Radiocommunications (Certificates of Proficiency) Regulations (Amendment) 1990 was enacted to address the introduction of the Global Maritime Distress and Safety System (GMDSS) and to ensure compliance with the evolving maritime safety standards under the 1974 Safety of Life at Sea (SOLAS) Convention, which Australia had signed. This statutory rule, issued by the authority of the Minister for Transport and Communications under section 93 of the Radiocommunications Act 1983, aimed to align Australian regulations with international standards by introducing new classes of certificates of proficiency for radio operators necessary for the operation of GMDSS equipment. The policy objective was to ensure that Australian vessels could meet the global requirements for maritime safety communications and operations, thereby enhancing maritime safety and rescue capabilities at sea.
Scope and Application
The Radiocommunications (Certificates of Proficiency) Regulations (Amendment) Statutory Rule No. 344 1990 amends the Radiocommunications (Certificates of Proficiency) Regulations to introduce new classes of certificates of proficiency required for the operation of equipment related to the Global Maritime Distress and Safety System (GMDSS). These amendments respond to the introduction of the GMDSS, an international system designed to enhance maritime safety by ensuring that vessels at sea can receive critical safety information and communicate with search and rescue authorities. The regulations apply to individuals seeking to obtain certificates of proficiency for operating GMDSS equipment, which includes first-class and second-class radio electronic operators and general operators. The amended regulations introduce new examination requirements for these roles, as outlined in the new Schedule 1 item, and specify the fees for these examinations as per Schedule 2 Part I. These regulations are applicable nationwide, aligning with Australia's obligations under the 1974 Safety of Life at Sea (SOLAS) Convention and the International Telecommunications Union's (ITU) Radio Regulations.
Key Provisions
The Radiocommunications (Certificates of Proficiency) Regulations (Amendment) Statutory Rule No. 344 1990 primarily serves to adapt existing regulatory frameworks to accommodate the new Global Maritime Distress and Safety System (GMDSS) developed by the International Maritime Organisation (IMO). Under section 93 of the Radiocommunications Act 1983, the Governor-General has the authority to create regulations, which include provisions for issuing Certificates of Proficiency. Specifically, subsection 31(1) of the Act allows the Minister to grant a Certificate of Proficiency to an applicant, certifying them as a qualified operator for specified classes of transmitter licenses, provided they pass relevant examinations. The amendments introduced by the Statutory Rule address the necessity for new classes of certificates due to the implementation of GMDSS, ensuring that operators are qualified to manage the advanced maritime communication equipment.
The obligations and requirements imposed by these regulations primarily focus on the introduction of new classes of Certificates of Proficiency. The new classes, namely First-Class Radio Electronic Operator’s certificate, Second-Class Radio Electronic Operator’s certificate, and General Operator’s certificate, necessitate that prospective operators undergo specific examinations. Regulation 3 adds new regulations 6A, 6B, and 6C, detailing the subjects for these examinations. Additionally, Schedule 1 of the Principal Regulations is amended to incorporate new items that specify the transmitters and stations these examinations pertain to. Prospective operators must successfully complete these examinations to obtain the requisite certificates, thus ensuring they are competent to operate the new GMDSS equipment.
The Statutory Rule also introduces penalties and consequences for non-compliance with the new regulatory requirements. While the specific penalties are not detailed in the Explanatory Statement, it is reasonable to infer that failure to comply with the new examination and certification requirements could result in legal ramifications under the Radiocommunications Act 1983. Non-compliance might lead to penalties such as fines or other administrative actions, as typically enforced under regulatory frameworks aimed at ensuring public safety and effective communication systems. The introduction of these stringent measures underscores the importance of adherence to the new regulations, particularly in maritime safety contexts.