EXPLANATORY STATEMENT

Issued by the authority of the Australian Communications and Media Authority

Radiocommunications Licence Conditions (Aeronautical Licence) Amendment Determination 2011 (No. 1)

Radiocommunications Act 1992

Purpose

The Radiocommunications Licence Conditions (Aeronautical Licence) Amendment Determination 2011 (No. 1) (the Amendment Determination) amends the Radiocommunications Licence Conditions (Aeronautical Licence) Determination No. 1 of 1997 (the Aeronautical LCD) to delete legislative references to ‘aeronautical non assigned station’ and to make other amendments that are consequential on the deletion of that term.

Legislative Provisions

The operation of radiocommunications equipment authorised by an apparatus licence is subject to:

• conditions specified in the Radiocommunications Act 1992 (the Act), including an obligation to comply with the Act;
• a condition that any radiocommunications device operated under the licence must comply with all the standards applicable to it;
• applicable conditions specified in the Radiocommunications Licence Conditions (Apparatus Licence) Determination 2003 and any other applicable determinations made by the Australian Communications and Media Authority (the ACMA) under paragraph 107(1)(f) of the Act;
• conditions specified in the licence; and
• any further conditions imposed by the ACMA under section 111 of the Act.

Paragraph 107(1)(f) of the Act allows the Australian Communications and Media Authority (ACMA) to determine, by written instrument, conditions applicable to particular types of apparatus licences.

These instruments are known as Licence Conditions Determinations (LCDs).  LCDs contain the generic conditions particular to various radiocommunications licence types and licensing options, including details of any common frequencies or frequency bands, permitted power levels, type of communications permitted, persons with whom the licensee is permitted to communicate, callsign usage and any other relevant transmission parameters.  Conditions relevant to the Amendment Determination are specified in the Aeronautical LCD.

A determination made under paragraph 107(1)(f) is a legislative instrument for the purposes of the Legislative Instruments Act 2003.

Any other conditions which apply to an individual licence but are not included in the LCD, are printed on the licence under the heading ‘Special Conditions’.

Background

The Aeronautical LCD was amended on 6 September 2006 to support the introduction of a new licensing option, the aeronautical licence (aeronautical assigned system station), which replaced two existing licensing options (aeronautical assigned and aeronautical non assigned stations).

Aeronautical non assigned station apparatus licences have all expired and are no longer issued.  However, the majority of aeronautical non assigned station apparatus licences continue to be authorised under the associated Radiocommunications (Aircraft and Aeronautical Mobile Stations) Class Licence 2006.

Associated amendments will also be made to the Radiocommunications (Interpretation) Determination 2000.

Consultation

In accordance with paragraph 18(2)(a) of the Legislative Instruments Act 2003, consultation is considered unnecessary as the changes are of a minor or machinery nature and do not substantially alter existing arrangements.

Regulatory Impact

The ACMA has undertaken a preliminary assessment in accordance with the requirements of the Office of Best Practice Regulation (OBPR) and determined that a Regulatory Impact Statement (RIS) was not required.  The amendment is machinery in nature and is not expected to have an impact on business, individuals or the economy.   For those reasons, an exemption from the need to provide a RIS and Business Cost Calculator Report has been obtained. The OBPR RIS exemption reference number is 12565.

Determination details

Details of the Amendment Determination are set out in Attachment 1.

ATTACHMENT 1

Notes about instrument

Section 1 Name of instrument 

Section 1 provides for the name of the Amendment Determination as the Radiocommunications Licence Conditions (Aeronautical Licence) Amendment Determination 2011 (No. 1).

Section 2 Commencement

Section 2 provides that the Amendment Determination commences on the day after registration.

Section 3 Amendment of the Radiocommunications Licence Conditions (Aeronautical Licence) Determination No.1 of 1997

Section 3 provides that Schedule 1 of the Amendment Determination amends the Radiocommunications Licence Conditions (Aeronautical Licence) Determination No.1 of 1997.

Schedule 1 Amendments

Item [1]

Item [1] deletes paragraphs (2)(1)(b) and (c) and inserts the following text:

“(b) every aeronautical licence (aeronautical assigned system station) is also subject to the conditions in Part 3A.”

Item [2]

Item [2] deletes the definition of “aero club”.

Item [3]

Item [3] deletes the definition of “aeronautical licence (aeronautical non assigned station)”.

Item [4]

Item [4] deletes the definition of “charter organisation”.

Item [5]

Item [5] deletes the definition of “Flight Level 200”.

Item [6]

Item [6] deletes the definition of “high level charter organisation”.

Item [7]

Item [7] replaces “by the SMA, the ACA or ACMA” with “to the station”.

Item [8]

Item [8] deletes Part 3.

Item [9]

Item [9] deletes Schedule 2.