EXPLANATORY STATEMENT
Issued by the Authority of the Australian Communications and Media Authority
Radiocommunications (Charges) Amendment
Determination 2005 (No. 2)
Australian Communications and Media Authority Act 2005
Legislative Provisions
Subsection 60(1) of the Australian Communications and Media Authority Act 2005 (the Act) provides that the Australian Communications and Media Authority (ACMA) may, by written instrument, make determinations fixing charges.
A Determination made under subsection 60(1) of the Act is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Purpose
The Radiocommunications (Charges) Amendment Determination 2005 (No. 2) amended the Radiocommunications (Charges) Determination 2003 to include charges for:
a) the issuing or renewing, or considering the issue or renewal without proceeding to issue or renew, of Amateur licences to persons who have been granted an:
- Amateur Operator’s Certificate of Proficiency (Advanced);or
- Amateur Operator’s Certificate of Proficiency (Standard); or
- Amateur Operator’s Certificate of Proficiency (Foundation); and
b) ACMA to conduct an examination, or reassess the result of an examination, for the:
- Amateur Operator’s Certificate of Proficiency (Advanced);or
- Amateur Operator’s Certificate of Proficiency (Standard); or
- Amateur Operator’s Certificate of Proficiency (Foundation); and
c) ACMA to conduct a part of an examination, or reassess the result of a part of an examination, for the:
- Amateur Operator’s Certificate of Proficiency (Advanced);or
- Amateur Operator’s Certificate of Proficiency (Standard); or
- Amateur Operator’s Certificate of Proficiency (Foundation).
These amendments relate to amendments to the Radiocommunications Licence Conditions (Amateur Licence) Determination No. 1 of 1997 that provided for the introduction of the:
- amateur licence (amateur advanced station);
- amateur licence (amateur standard station); and
- amateur licence (amateur foundation station).
Background
It is government policy to recover the cost of providing services. Subsection 60(1) of the Act provides the power to levy the charge.
Under the Radiocommunications Act 1992, the operation of all radiocommunications transmitting equipment must be licensed. Stations in the Amateur Service are authorised under apparatus licences.
The International Telecommunication Union (ITU) Radio Regulations require that Amateur Radio operators hold qualifications. This recognises that Amateur Radio operators may operate using a wide range of frequencies and emissions, often with significant levels of transmitter power and there is a potential for interference to be caused to other services.
Consultation
The new licensing options are an outcome of a review of the Amateur Service conducted by the Australian Communications Authority (ACA), a predecessor of ACMA. The review involved extensive consultation with the Amateur community. As part of that consultation, the ACA released a discussion paper entitled ‘A Review of Amateur Service Regulation’. That paper addressed changes made by the ITU to the Radio Regulations in relation to Amateur Radio and explored other future options for the Amateur Service in Australia. The discussion paper invited comments and over 1300 submissions were received in response. As part of the public consultation process, the ACA held public meetings in 10 cities around Australia. Over 700 people attended the meetings.
The Office of Regulation Review (ORR) advised that a Regulation Impact Statement was not required for the amendment to the Radiocommunications (Charges) Determination 2003 (ORR ID: 7173). ORR noted that proposed amendments have no significant direct or indirect impact on business.
The Department of Finance and Administration has advised that a Cost Recovery Impact Statement was not required for the changes as the amendments have no impact on charges or stakeholders.
The changes implementing the review of the Amateur Service also included:
- amendments to the Radiocommunications Licence Conditions (Amateur Licence) Determination No. 1 of 1997 and the Radiocommunications (Interpretation) Determination 2000; and
- the Radiocommunications (Qualified Operators) Determination No.1 of 1993 being replaced by the Radiocommunications (Qualified Operators) Determination 2005.
The Radiocommunications (Charges) Amendment Determination 2005 (No. 2) commenced the day after registration. Details of this determination are set out in Attachment 1.
ATTACHMENT 1
Notes about instrument
Section 1 Name of Determination
Section 1 provided for the citation of the Determination.
Section 2 Commencement
Section 2 provided for the commencement of the Determination.
Section 3 Amendment of Radiocommunications (Charges) Determination 2003
Section 3 provided that Schedule 1 amended the Radiocommunications (Charges) Determination 2003.
Schedule 1 Amendments
Item [1] Schedule 2, after item 5.6
Item [1] inserted provisions detailing charges applicable to an examination, or the reassessment of a result in an examination, in relation to the:
- Amateur Operator’s Certificate of Proficiency (Advanced);
- Amateur Operator’s Certificate of Proficiency (Standard); and
- Amateur Operator’s Certificate of Proficiency (Foundation).
Item [2] Schedule 2, after item 5.15
Item [2] inserted provisions detailing charges applicable to parts of an examination, or the reassessment of a result in part of an examination, in relation to the:
- Amateur Operator’s Certificate of Proficiency (Advanced);
- Amateur Operator’s Certificate of Proficiency (Standard); and
- Amateur Operator’s Certificate of Proficiency (Foundation).
Item [3] Schedule 2, after item 8.6
Item [3] inserted provisions detailing charges for issuing or renewing amateur licences, or considering the issue or renewal of the licence without proceeding to issue or renew it, to a person who has been granted an:
- Amateur Operator’s Certificate of Proficiency (Advanced); or
- Amateur Operator’s Certificate of Proficiency (Standard); or
- Amateur Operator’s Certificate of Proficiency (Foundation).