EXPLANATORY STATEMENT

Issued by the Authority of the Australian Communications and Media Authority

Radiocommunications Licence Conditions (Amateur Licence) Amendment

Determination 2005 (No. 1)

Radiocommunications Act 1992

Legislative Provisions

Paragraph 107(1)(f) of the Radiocommunications Act 1992 (the Act) provides that the Australian Communications and Media Authority (ACMA) may determine, by written instrument, conditions applicable to particular types of apparatus licences.

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

Purpose

The Radiocommunications Licence Conditions (Amateur Licence) Amendment Determination 2005 (No. 1) amended the Radiocommunications Licence Conditions (Amateur Licence) Determination No.1 of 1997 (the Amateur LCD) to:

• introduce new licensing options; and
• simplify existing licence conditions.

Background

Under the Act, the operation of all radiocommunications transmitting equipment must be licensed.  Stations in the Amateur Service are authorised under apparatus licences. 

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

• conditions specified in 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;
• conditions specified in the Amateur LCD and any other determinations made by ACMA under paragraph 107(1)(f) of the Act;
• conditions specified in the licence; and
• any further conditions imposed by ACMA under section 111 of the Act.

The Amateur LCD specifies generic conditions applicable to all Amateur licences.  These conditions include details about station identification, frequencies of operation, transmitter power levels, the types of emissions permitted and the types of communications permitted.

New licensing options

In May 2004, the Australian Communications Authority (ACA), the predecessor to ACMA, finalised a review of the Amateur Service.  The review concluded that, among other matters that will be the subject of later amendments, a new entry-level licensing option should be introduced to encourage persons to take up Amateur Radio.  In addition it was decided to introduce two licensing options that will replace certain existing licensing options.

Simplifying existing licence conditions

The amendments to the Amateur LCD also simplify its structure by:

• merging those parts of the LCD with identical conditions; 
• no longer individually identifying every permitted emission mode; and
• clarifying the meaning of some terminology.

Consultation

During its review of the Amateur Service, the ACA conducted extensive consultation with the Amateur community.  In August 2003 the ACA released, in a mail-out to all licensed Amateurs, 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 Licence Conditions (Amateur Licence) Amendment Determination 2005 (No. 1) (ORR ID: 7173).  ORR noted that the 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 (Interpretation) Determination 2000 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 Licence Conditions (Amateur Licence) Amendment Determination 2005 (No.1) 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 Licence Conditions (Amateur Licence) Determination No.1 of 1997

Section 3 provided that Schedule 1 amends the Radiocommunications Licence Conditions (Amateur Licence) Determination No.1 of 1997.

Schedule 1 Amendments

[1] Subsection 2 (1)

Item [1] substituted the existing provision to provide for the scope of the instrument to include the new licensing options and to identify the part of the instrument that contains the conditions applicable to the various licensing options.

[2] Subsection 3 (1)

Items [2], [3], [4] and [6] inserted definitions of terms not used before.

Item [5] substituted a new definition to clarify the meaning of ‘emission mode’. The new definition details the terms by which an ‘emission mode’ is described.

Item [7] inserted a definition of an existing term.

Item [8] omitted a definition of a term no longer used.

[3] Subparagraph 6 (a)(i)

Item [9] substituted a replacement subparagraph to align the ‘use’ of an amateur station with the definition of ‘amateur station’.

[4] Part 3, heading

Item [10] substituted a replacement heading to reflect that the conditions previously only applicable to the amateur licence (amateur unrestricted station) also applied to the amateur licence (amateur intermediate station), amateur licence (amateur limited station) and the amateur licence (amateur advanced station).

[5] Section 12

Item [11] substituted sections 12 and 12A to provide that the conditions in Part 3 also applied to the amateur licence (amateur unrestricted station), amateur licence (amateur intermediate station), amateur licence (amateur limited station) and the amateur licence (amateur advanced station). 

Item [12]  Sections 13 and 14

Item [12] substituted sections 13 and 14 to identify the frequency bands and emissions permitted under licences subject to Part 3.

Item [13] Section 15, heading

Item [13] substituted the heading to reflect that Section 15, which relates to operation in the frequency band 50 MHz to 52 MHz, instead of only applying to an amateur licence (amateur unrestricted station), also applied to an amateur licence (amateur intermediate station), amateur licence (amateur limited station) and an amateur licence (amateur advanced station).

Items [14] and [15]   Subsections 15 (1), 15(2) and 15(3)

Items [14] and [15] omitted ‘an amateur unrestricted station’ and inserted ‘a station to which this Part applies’ to provide that the subsections, instead of only applying to an amateur licence (amateur unrestricted station), also applied to an amateur licence (amateur intermediate station), amateur licence (amateur limited station) and an amateur licence (amateur advanced station).

Items [16]   Section 15A, heading

Item [16] substituted the heading to reflect that Section 15A, which relates to operation in the frequency bands 3.425 GHz to 3.4425 GHz and 3.475 GHz to 3.4925 GHz, instead of only applying to an amateur licence (amateur unrestricted station), also applied to an amateur licence (amateur intermediate station), amateur licence (amateur limited station) and an amateur licence (amateur advanced station).

Item [17] Section 15A

Item [17] omitted ‘an amateur unrestricted station’ and inserted ‘a station to which this Part applies’ to provide that the section, instead of only applying to an amateur licence (amateur unrestricted station), also applied to an amateur licence (amateur intermediate station), amateur licence (amateur limited station) and an amateur licence (amateur advanced station).

Items [18]   Section 15B, heading

Item [18] substituted the heading to reflect that Section 15B, which relates to operation in the frequency bands 3.4425 GHz to 3.475 GHz and 3.5425 GHz to 3.575 GHz, instead of only applying to an amateur licence (amateur unrestricted station), also applied to an amateur licence (amateur intermediate station), amateur licence (amateur limited station) and an amateur licence (amateur advanced station).

Item [19] Section 15B

Item [19] omitted ‘an amateur unrestricted station’ and inserted ‘a station to which this Part applies’ to provide that the section, instead of only applying to an amateur licence (amateur unrestricted station), also applied to an amateur licence (amateur intermediate station), amateur licence (amateur limited station) and an amateur licence (amateur advanced station).

Item [20]  Subsections 16(1) and 16(2)

Item [20] omitted ‘an amateur unrestricted station’ and inserted ‘a station to which this Part applies’ to provide that the subsections, which relate to transmitter output power, instead of only applying to an amateur licence (amateur unrestricted station), also applied to an amateur licence (amateur intermediate station), amateur licence (amateur limited station) and an amateur licence (amateur advanced station).

Item [21] Part 4

Item [21] omitted Part 4.  Part 4 previously provided conditions for the amateur licence (amateur limited station).  The conditions applicable to this licensing option are provided in Part 3.

Item [22] Part 5, heading

Item [22] substituted a replacement heading to reflect that the conditions previously only applicable to the amateur licence (amateur novice station) also applied to the amateur licence (amateur novice limited station) and the amateur licence (amateur standard station).

Item [23] Section 22

Item [23] substituted sections 22 and 22A to provide that the conditions in Part 5 applied to the amateur licence (amateur novice station), amateur licence (amateur novice limited station) and the amateur licence (amateur standard station). 

Item [24]   Section 23

Item [24] omitted ‘an amateur novice station’ and inserted ‘a station to which this Part applies’ to provide that the section, instead of only applying to an amateur licence (amateur novice station), also applied to an amateur licence (amateur novice limited station) and an amateur licence (amateur standard station).

Item [25] Section 23

Item [25] omitted the words ‘column 2 of’.  These words were used to reference a part of an item in a schedule of the instrument.  The words are unnecessary and their omission reflected current drafting style.

Item [26] Section 24, including the note

Item [26] substituted section 24, including the note, to identify the emissions permitted under licences subject to Part 5.

Item [27] Subsections 25(1) and 25 (2)

Item [27] omitted ‘an amateur unrestricted station’ and inserted ‘a station to which this Part applies’ to provide that the subsections, which relate to transmitter output power, instead of only applying to an amateur licence (amateur novice station), also applied to an amateur licence (amateur novice limited station) and an amateur licence (amateur standard station).

Item [28] Parts 6 and 7

Item [28] substituted Part 6 for the existing Parts 6 and 7.  The existing Parts 6 and 7 have been respectively incorporated in Parts 5 and 3.  The new Part 6 provided for conditions that apply to the amateur licence (amateur foundation station).

Item [29] Schedules 2 and 3

Item [29] substituted Schedule 2 and 3 to:

[a] substitute Schedule 2 to provide for the inclusion of the amateur licence (amateur advanced station) and to simplify the description of permitted emission modes.  The notes at the end of Schedule 2 Part 2 were also amended to reflect the omission of other sections of the instrument;

[b] substitute Schedule 3 to:

[i] provide for the inclusion of the amateur licence (amateur standard station), the introduction of additional frequency bands and to simplify the description of permitted emission modes; and

[ii] insert, at Schedule 3A, provisions relating to the permitted frequencies and emission modes for the amateur licence (amateur foundation station).   

Item [30] Schedule 5, heading

Item [30] substituted Schedule 5 heading to omit references to other sections of the instrument that have been omitted.

Item [31] Schedule 6, heading

Item [31] substituted Schedule 6 heading to omit references to other sections of the instrument that have been omitted.