Radiocommunications (Interpretation) Amendment Determination 2008 (No. 1)

Administered by Department of Communications and the Arts

Legislation au F2008L04729 Not in force Legislative Instrument

Legislation content

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       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.

Overview

The Radiocommunications (Interpretation) Amendment Determination 2008 (No. 1) was enacted to address the need for updated definitions within the radiocommunications regulatory framework, particularly in light of technological advancements and international agreements affecting emergency locating devices and automatic identification systems (AIS). This determination is an amendment to the Radiocommunications (Interpretation) Determination 2000 and is made under subsection 64(1) of the Australian Communications and Media Authority Act 2005. The policy objective of this amendment is to streamline the definitions used across various radiocommunications legislative instruments, ensuring clarity and consistency in the interpretation and application of these terms. The Australian Communications and Media Authority (ACMA) conducted public consultation in accordance with section 17 of the Legislative Instruments Act 2003, receiving supportive feedback from relevant industry stakeholders. The determination does not impose compliance costs or affect competition, leading to its classification as minor and machinery in nature, thereby exempting it from the requirement for a Regulation Impact Statement and Business Cost Calculator Report.

Scope and Application

The Radiocommunications (Interpretation) Amendment Determination 2008 (No. 1) applies to the definitions used in the Radiocommunications (Interpretation) Determination 2000, which is integral to the legislative framework of the Radiocommunications Act 1992. This determination is aimed at clarifying and updating the definitions related to evolving technologies and services within the radiocommunications sector, including emergency locating devices, aeronautical mobile stations at airports, and Automatic Identification System (AIS) stations. The Amendment Determination is applicable nationally across Australia, as it pertains to the federal legislative instruments governed by the Australian Communications and Media Authority (ACMA). The changes do not impose any compliance costs or affect competition, as recognised by ACMA’s Best Practice Regulation Coordinator, which deemed the Amendment Determination to be minor and machinery in nature, exempting it from the need for a Regulation Impact Statement and Business Cost Calculator Report. This amendment is part of a broader set of legislative instruments designed to streamline and modernise the regulatory framework in response to technological advancements. The Amendment Determination introduces and amends several definitions to the Principal Determination, including the definition of "aids to navigation station" and "AIS-SART," and also updates the definition of the "COSPAS-SARSAT System" to reflect the cessation of monitoring on the 121.5 MHz and 243 MHz frequency bands from 1 February 2009. These changes are made to ensure consistency and clarity across the various legislative instruments pertaining to radiocommunications, particularly in light of the 2007 World Radiocommunication Conference (WRC-07) outcomes which influenced the operation of AIS stations. The Amendment Determination does not extend or restrict application through subordinate instruments but serves as an interpretative tool to facilitate the effective administration of the Radiocommunications Act 1992.

Key Provisions

The Radiocommunications (Interpretation) Amendment Determination 2008 (No. 1) (Amendment Determination) modifies the Radiocommunications (Interpretation) Determination 2000 (Principal Determination) to incorporate new definitions relevant to emerging technologies and practices in the radiocommunications sector. These include the addition of terms such as "aids to navigation station" (AtoN station), "AIS-SART (Automatic Identification System – Search and Rescue Transmitter)", "Automatic Identification System (AIS)" and "COSPAS-SARSAT System" (subsection 3). These changes aim to clarify and update the terminology used in other related legislative instruments, ensuring consistency and relevance in the context of evolving communication technologies and practices. The Amendment Determination imposes specific obligations on parties governed by the Radiocommunications Act 1992. These parties must adhere to the updated definitions provided in the Amendment Determination when interpreting the Principal Determination and other related instruments. This includes understanding and applying the new definitions in their operations and compliance with radiocommunications regulations. The updated definitions are crucial for ensuring that stakeholders correctly interpret and apply the regulations in their activities, particularly those involving new technologies such as AIS stations on aircraft, survival craft, and aids to navigation stations. Under the Australian Communications and Media Authority Act 2005, breaches of the radiocommunications regulations, including those defined in the Amendment Determination, can lead to various civil and criminal consequences. The specific penalties for non-compliance depend on the nature and severity of the breach. For civil penalties, the maximum fines can be significant, depending on the offence. For instance, corporations may face fines of up to $1.05 million for serious breaches. Criminal penalties may also apply, with maximum fines and imprisonment terms for individuals and corporations found guilty of certain offences. The exact penalties are detailed in the relevant sections of the Radiocommunications Act 1992 and associated regulations, which outline the legal framework for enforcement and sanctions.

Legal classification tags

Area of Law
Communications Law
Instrument
Determination
Concepts
Definitions & Interpretation
Regulatory Standards
Amendments & Modifications

Interactions

Authorises

All Versions

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.