EXPLANATORY STATEMENT

Issued by the Authority of the Australian Communications and Media Authority

Radiocommunications (Interpretation) Amendment

Determination 2005 (No. 2)

Australian Communications and Media Authority Act 2005

Legislative Provisions

Subsection 64(1) of the Australian Communications and Media Authority Act 2005 (the Act) provides that the Australian Communications and Media Authority (ACMA) may make a written determination defining expressions used in instruments made by ACMA.

A Determination made under subsection 64(1) of the Act is a legislative instrument for the purposes of the Legislative Instruments Act 2003.

Purpose

The Radiocommunications (Interpretation) Amendment Determination 2005 (No. 2)

amended the Radiocommunications (Interpretation) Determination 2000 to define new terms used in the licensing of the Amateur Service.

Background

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 Radiocommunications Licence Conditions (Amateur Licence) Amendment Determination 2005 (No. 1) amended the Radiocommunications Licence Conditions (Amateur Licence) Determination No. 1 of 1997 to introduce new licensing options. 

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 International Telecommunication Union (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 Radiocommunications (Interpretation) Amendment Determination 2005 (No. 2) (ORR ID: 7173).  ORR noted that proposed amendments have no direct or significant indirect impact on business.                 

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 (Charges) Determination 2003; and
• the Radiocommunications (Qualified Operators) Determination No.1 of 1993 being replaced by the Radiocommunications (Qualified Operators) Determination 2005.

The Radiocommunications (Interpretation) 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 the Radiocommunications (Interpretation) Determination 2000

Section 3 provided that Schedule 1 amended the Radiocommunications

(Interpretation) Determination 2000.

Schedule 1 Amendments

[1] Subparagraph 3 (2) (a) (ii)

Item [1] omitted ‘subsection 115(1) or 131AC(1),’ and inserted ‘subsection 115(1), section 119, subsection 131AC(1),’ to provide a reference to determinations made under section 119 of the Radiocommunications Act 1992.

[2] Section 4

Item [2] omitted ‘subsection 115(1) or 131AC(1),’ and inserted ‘subsection 115(1), section 119, subsection 131AC(1),’ to provide a reference to determinations made under section 119 of the Radiocommunications Act 1992.

[3] Schedule 1, after definition of AM

Item [3] inserted a definition of ‘amateur advanced station’ to require that persons holding a transmitter licence that relates to an amateur advanced station have been granted specified qualifications or hold equivalent overseas qualifications.

[4] Schedule 1, after definition of amateur beacon station

Item [4] inserted a definition of ‘amateur foundation station’ to require that persons holding a transmitter licence that relates to an amateur foundation station have been granted specified qualifications or hold equivalent overseas qualifications.

[5] Schedule 1, after definition of amateur service

Item [5] inserted a definition of ‘amateur standard station’ to require that persons holding a transmitter licence that relates to an amateur standard station have been granted specified qualifications or hold equivalent overseas qualifications.