Radiocommunications (Emergency Locating Devices) Class Licence Amendment 2016 (No. 1)

Overview

The Radiocommunications (Emergency Locating Devices) Class Licence Amendment 2016 (No. 1) was enacted to clarify the incorporation of the Radio Regulations Articles made by the International Telecommunication Union (ITU) into the Radiocommunications (Emergency Locating Devices) Class Licence 2016. The Australian Communications and Media Authority (ACMA), as the enacting body, introduced this amendment to ensure that the referenced document is incorporated as in force from time to time, thereby maintaining the relevance and accuracy of the regulatory framework governing emergency locating devices. The policy objective of this amendment is to enhance the clarity and effectiveness of the existing class licence without altering its substantive obligations. Consequently, the amendment does not require a regulatory impact assessment or a statement of compatibility with human rights, as it is deemed not to engage any human rights issues.

Scope and Application

The Radiocommunications (Emergency Locating Devices) Class Licence Amendment 2016 (No. 1), made by the Australian Communications and Media Authority (ACMA), amends the Radiocommunications (Emergency Locating Devices) Class Licence 2016. This amendment applies to entities and persons who operate emergency locating devices under the Class Licence, which is governed by the Radiocommunications Act 1992. The amendment clarifies that the Radio Regulations Articles, published by the International Telecommunication Union (ITU) and incorporated by reference into the Class Licence, are considered as they are in force from time to time. The amendment specifies the definition of 'radar' under the Class Licence, ensuring it aligns with the Radio Regulations Articles, which can be accessed on the ITU’s website at www.itu.int. This legislative instrument operates within the Commonwealth jurisdiction and does not alter any substantive obligations of the Class Licence, focusing instead on clarification and administrative adjustments. The amendment does not introduce any exclusions or exemptions but ensures the Class Licence remains consistent with international standards. The ACMA determined that consultation was unnecessary due to the minor and technical nature of the changes.

Key Provisions

The Radiocommunications (Emergency Locating Devices) Class Licence Amendment 2016 (No. 1) is a legislative instrument made by the Australian Communications and Media Authority (ACMA) under subsection 132(1) of the Radiocommunications Act 1992 and subsection 33(3) of the Acts Interpretation Act 1901. The instrument amends the Radiocommunications (Emergency Locating Devices) Class Licence 2016 by clarifying that the Radio Regulations Articles, made by the International Telecommunication Union (ITU), have been incorporated by reference and are considered as in force from time to time. This amendment is made to ensure that the definition of 'radar' in subsection 5(1) of the Class Licence is correctly aligned with the Radio Regulations Articles. Additionally, a note has been added under the definition of 'radar' to indicate that the Radio Regulations Articles can be accessed at www.itu.int. These changes are intended to enhance clarity and accessibility without altering the substantive obligations of the Class Licence. The Radiocommunications (Emergency Locating Devices) Class Licence Amendment 2016 (No. 1) imposes certain obligations on parties and entities governed by the Radiocommunications Act 1992 and the Radiocommunications (Emergency Locating Devices) Class Licence 2016. Primarily, it requires that any reference to the Radio Regulations Articles within the Class Licence be understood as incorporating the Articles as they are in force from time to time. This ensures that the definition of 'radar' and any other related terms remain consistent with international standards. Additionally, the amendment mandates that the Radio Regulations Articles be accessible to the public via the ITU’s website, facilitating ease of reference and compliance. The Radiocommunications Act 1992, as amended by the Radiocommunications (Emergency Locating Devices) Class Licence Amendment 2016 (No. 1), does not introduce new offences or penalties but reiterates the existing legal framework governing emergency locating devices. However, any failure to comply with the clarified definitions and requirements could potentially lead to enforcement actions under the general provisions of the Radiocommunications Act. Penalties for breaches of the Act may include fines and other civil or criminal consequences as prescribed by the legislation, though specific penalties are not detailed in the Amendment itself. Given the nature of the amendment, the ACMA determined that consultation was not necessary due to its minor and machinery character. The ACMA had previously conducted public consultation on the Class Licence itself, and the Office of Best Practice Regulation advised that the changes do not result in regulatory impacts. Furthermore, the ACMA has assessed that the amendment is compatible with human rights, as it does not engage any rights or freedoms recognised by the international instruments listed in the Human Rights (Parliamentary Scrutiny) Act 2011. Therefore, no statement of compatibility with human rights was required.