EXPLANATORY STATEMENT
Issued by the Australian Communications and Media Authority
Radiocommunications (Interpretation) Amendment Determination 2008 (No. 1)
Australian Communications & Media Authority Act 2005
Legislative Basis
Subsection 64 (1) of the Australian Communications & Media Authority Act 2005 (the ACMA Act) states that the Australian Communications and Media Authority (ACMA) may make a written determination defining one or more expressions used in specified instruments, being instruments that are made by ACMA under one or more specified laws of the Commonwealth.
For definitions of expressions used in determinations or class licences made by ACMA under the Radiocommunications Act 1992 (the Act), this written determination is the Radiocommunications (Interpretation) Determination 2000 (the Principal Determination).
A determination made under subsection 64 (1) of the ACMA Act is a disallowable instrument for the purposes of section 42 of the Legislative Instruments Act 2003 (the LIA).
Purpose
The Radiocommunications (Interpretation) Amendment Determination 2008 (No. 1) (the Amendment Determination) implements changes to the Principal Determination. The Amendment Determination is one of a number of amending legislative instruments forming part of the radiocommunications regulatory framework that seek to accommodate developments in relation to emergency locating devices, aeronautical mobile stations at airports and deployments of AIS stations. The other amending legislative instruments are the:
- Radiocommunications (Aircraft and Aeronautical Mobile Stations) Class Licence Variation 2008 (No. 1);
- Radiocommunications (Maritime Ship Station — 27 MHz and VHF) Class Licence Variation 2008 (No. 1);
- Radiocommunications (Emergency Locating Devices) Class Licence Variation 2008 (No. 1);
- Radiocommunications Licence Conditions (Maritime Ship Licence) Amendment Determination 2008 (No. 1); and
- the Radiocommunications Licence Conditions (Maritime Coast Licence) Amendment Determination 2008 (No. 1).
The changes are intended to draw together under one instrument a number of definitions that are commonly used in the other legislative instruments identified above.
Background
Satellite Distress Beacons
By international agreement, the International Satellite System for Search and Rescue
(COSPAS-SARSAT) will no longer monitor transmissions made from Emergency Position-Indicating Radio Beacons (EPIRBs) on the 121.5 MHz and 243 MHz frequency bands from 1 February 2009. This is because these analogue devices are being phased out and replaced with digital distress beacons operating in the 406–406.1 MHz band.
Automatic Identification System (AIS)
AIS is an automatic broadcast system used primarily for vessel identification, safety-of-navigation and vessel traffic services. Vessels equipped with AIS transmitters signal their identity, position and other information at varying intervals to coastal stations and ships in the vicinity.
The 2007 World Radiocommunication Conference (WRC-07) resulted in some changes to the operation of AIS stations. These changes included provision for:
- satellite detection of AIS transmissions;
- the deployment of AIS transmitters on aircraft and survival craft (for search and rescue (SAR) purposes); and
- the deployment of AIS Aids to Navigation (AtoN) stations (e.g. shipping channel markers).
Consultation
Section 17 of the LIA requires ACMA to conduct appropriate public consultation before making a legislative instrument.
ACMA released a public consultation paper on 6 November 2008. A notice was published in the Australian Government Notices Gazette on the same date, which covered the Amendment Determination and the other amended legislative instruments. The consultation period lasted for one month and ended on Monday 8 December 2008.
Comments were received from Airservices Australia, the Australian Maritime Safety Authority (AMSA) and the Australian Radio Communications Industry Association. The submissions supported the proposed changes.
The matters addressed in the Amendment Determination have no compliance cost on industry and no effect on competition. For this reason, ACMA’s Best Practice Regulation Coordinator determined that the Amendment Determination and the other amending legislative instruments were minor and machinery in nature and a Regulation Impact Statement (RIS) and Business Cost Calculator (BCC) Report were not required. The Office of Best Practice Regulation (OBPR) was consulted during this process and issued ACMA with reference number 073 for the Amendment Determination and the other amending legislative instruments.
NOTES ON THE INSTRUMENT
Section 1 Name of Determination
Section 1 provides that the Amendment Determination is the Radiocommunications (Interpretation) Amendment Determination 2008 (No. 1).
Section 2 Commencement
Section 2 provides that the Amendment Determination commences on the day after it is registered on the Federal Register of Legislative Instruments.
Section 3 Amendment of Radiocommunications (Interpretation) Determination 2000
Section 3 provides that Schedule 1 amends the Radiocommunications (Interpretation) Determination 2000.
Schedule 1 Amendments
[1] Schedule 1, Dictionary, after definition of aeronautical station
Item [1] inserts a new definition, into the Principal Determination, for aids to navigation station (AtoN station).
[2] Schedule 1, Dictionary, after definition of aircraft station
Item [2] inserts a new definition, into the Principal Determination, for AIS-SART (Automatic Identification System – Search and Rescue Transmitter).
This addition, as well as item [1] above, defines terms used in the other amending legislative instruments in relation to:
- the deployment of AIS Aids to Navigation (AtoN) stations; and
- the deployment of AIS stations on aircraft and survival craft for SAR purposes.
[3] Schedule 1, Dictionary, after definition of assigned basis
Item [2] inserts a new definition into the Principal Determination: Automatic Identification System (AIS). This definition provides that AIS stations are stations that operate on frequencies 161.975 MHz and 162.025 MHz.
[4] Schedule 1, Dictionary, after definition of cordless telephone service
Item [3] inserts a new definition into the Principal Determination: COSPAS-SARSAT System. This definition provides that the COSPAS-SARSAT System is a satellite-aided SAR system designed to locate activated satellite distress beacons. Item [3] also provides for the cessation of monitoring on 121.5/243 by the satellite system from 1 February 2009 (i.e. from 121.5/243 MHz and 406–406.1 MHz to 406-406.1 MHz only).
[5] Schedule 1, Dictionary, definition of limited coast assigned system
Item [4] amends the definition of limited coast assigned system. This definition is being amended to accommodate the licensing of aids to navigation stations (AtoN stations) under the limited coast assigned system apparatus licence option.