Radiocommunications (Charges) Amendment Determination 2005 (No. 2)

Administered by Department of Communications and the Arts

Legislation au F2005L03126 Not in force Legislative Instrument

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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).

Overview

The Radiocommunications (Charges) Amendment Determination 2005 (No. 2) was enacted to address the need for charging mechanisms associated with the issuance and renewal of amateur radio operator licenses and the administration of related examinations. This determination is an amendment to the Radiocommunications (Charges) Determination 2003 and was made under the authority granted by Subsection 60(1) of the Australian Communications and Media Authority Act 2005. The policy objective of this amendment is to recover costs associated with the provision of services related to amateur radio licenses, in alignment with government policy. The changes introduced by this determination were the result of a review of the Amateur Service conducted by the Australian Communications Authority, which involved extensive consultation with the amateur radio community and led to the introduction of new licensing options.

Scope and Application

The Radiocommunications (Charges) Amendment Determination 2005 (No. 2) applies to persons and entities involved in the issuing, renewal, or examination of amateur radio licenses in Australia, specifically those who have been granted an Amateur Operator’s Certificate of Proficiency (Advanced), (Standard), or (Foundation). The determination falls under the Commonwealth jurisdiction and is an instrument of the Australian Communications and Media Authority (ACMA) as per the Australian Communications and Media Authority Act 2005. The amendment to the Radiocommunications (Charges) Determination 2003 sets out charges related to the examination, reassessment, and licensing processes for amateur radio operators, aiming to recover the costs associated with providing these services. The amendment includes specific provisions for the fees applicable to examinations and parts of examinations, as well as fees for issuing or renewing licenses. The scope of the amendment is confined to the financial aspects of amateur radio operations within Australia, and it does not extend to other types of licenses or services provided by ACMA. This amendment does not contain specific exclusions or thresholds, but it is part of broader legislative and regulatory frameworks governing amateur radio activities in Australia.

Key Provisions

The Radiocommunications (Charges) Amendment Determination 2005 (No. 2) (the Determination) amended the Radiocommunications (Charges) Determination 2003 (the original Determination) to include charges for the issuing or renewing of amateur radio licences, or considering the issue or renewal of a licence without proceeding to issue or renew it, to a person who has been granted an Amateur Operator's Certificate of Proficiency (Advanced), (Standard), or (Foundation) (sections 3(1) and 3(2)). Additionally, the Determination included charges for the Australian Communications and Media Authority (ACMA) to conduct an examination, or reassess the result of an examination, for the aforementioned certificates (section 3(3)). It also included charges for ACMA to conduct a part of an examination, or reassess the result of a part of an examination, for the same certificates (section 3(4)). These amendments align with the introduction of new licensing options for amateur radio operators as outlined in the Radiocommunications Licence Conditions (Amateur Licence) Determination No. 1 of 1997. The Determination imposes certain obligations on ACMA, primarily to administer and collect the specified charges. These obligations include ensuring that the correct charges are levied for the issuing or renewing of amateur radio licences and for the conduct and reassessment of examinations and parts of examinations related to the Amateur Operator's Certificates of Proficiency. ACMA is also responsible for maintaining records of these charges and ensuring compliance by the parties subject to the Determination (subsection 60(1) of the Australian Communications and Media Authority Act 2005). Failure to comply with the charges set out in the Determination may result in civil or criminal consequences, depending on the nature and severity of the breach. The Act does not specify maximum penalties for breaches of this Determination, but general penalties for non-compliance with ACMA's determinations can include fines and, in serious cases, criminal charges. The exact penalties would be determined based on the specific circumstances of each case and the relevant provisions of other applicable laws. It is important for all parties affected by this Determination to ensure compliance to avoid any potential legal repercussions.

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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.