Radiocommunications Licence Conditions (Major Coast Receive Licence) Determination 1997

Administered by Department of Communications and the Arts

Legislation au F2005B01141 Not in force Legislative Instrument

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Radiocommunications Licence Conditions (Major Coast Receive Licence) Determination 1997

as amended

made under paragraph 107 (1) (f) of the

Radiocommunications Act 1992

This compilation was prepared on 3 May 2005
taking into account amendments up to Radiocommunications Licence Conditions (Major Coast Receive Licence) Amendment Determination 2005 (No. 1)

Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department, Canberra

Contents

 1 Name of Determination [see Note 1]

 2 Scope 

 3 Interpretation 

 4 Conditions 

 5 Technical performance of a station 

 6 Services that may be provided 

 7 Qualified operator 

 8 Response to distress, urgency and safety signals and record keeping 

Notes  

 

 

 

1 Name of Determination [see Note 1]

  This Determination is the Radiocommunications Licence Conditions (Major Coast Receive Licence) Determination 1997.

2 Scope

 (1) This Determination sets out conditions to which a major coast receive licence is subject.

 (2) However, if a condition in this Determination is inconsistent with a condition specified in the licence, the condition specified in the licence applies.

3 Interpretation

  In this Determination, unless the contrary intention appears:

distress signal means a signal indicating that a ship, aircraft or person is threatened by grave and imminent danger and requires immediate assistance.

licensee means the holder of a major coast receive licence and includes any person authorised by the licensee to operate a station under the licence.

qualified operator, in relation to a station, means a person who is a qualified operator for that type of station under the Radiocommunications (Qualified Operators) Determination No. 1 of 1993.

safety signal means a signal concerning safety or navigation or providing an important meteorological warning.

urgency signal means a very urgent signal concerning the safety of a ship, aircraft or person.

Note   For the definitions of other expressions used in this Determination, see the Radiocommunications Act 1992, the Radiocommunications (Interpretation) Determination 2000 and the Radiocommunications Regulations 1993.

4 Conditions

  For paragraph 107 (1) (f) of the Act, every major coast receive licence is subject to the conditions in this Determination relating to the operation of any major coast receive station under the licence by the licensee.

5 Technical performance of a station

  A major coast receive station that includes VHF international maritime mobile service equipment must comply with the requirements of the document mentioned in the Schedule:

 (a) that was published or gazetted most recently before the station was manufactured or imported into Australia; and

 (b) as the document was in force when the station was manufactured or imported;

as if the station were a coast station for that document.

Note   There are no specification documents for major coast receive stations that include medium frequency or high frequency maritime service equipment.

6 Services that may be provided

  The licensee must operate a major coast receive station to provide the following services only:

 (a) search and rescue operations in conjunction with the Maritime Rescue Co-ordination Centre Australia or a body that performs functions similar to those performed by the Centre;

 (b) a continuous listening watch on international distress frequencies for distress, urgency and safety signals;

 (c) reception of public correspondence.

7 Qualified operator

  The licensee must not operate a major coast receive station unless it is operated by, or under the supervision of, a qualified operator.

8 Response to distress, urgency and safety signals and record keeping

 (1) If a major coast receive station receives a distress, urgency or safety signal from another station and does not immediately receive an indication that the signal has been acknowledged, the licensee of the major coast receive station must ensure that:

 (a) an acknowledgment of the signal is directed to the other station; and

 (b) the signal is forwarded to:

 (i) the station or authority named in the signal; or

 (ii) if the signal does not name a station or authority — an appropriate station or authority;

by the quickest and most effective means available.

 (2) For the signal in subsection (1), the licensee must keep a record of:

 (a) the date and time of reception of the signal; and

 (b) the identity of the other station; and

 (c) the frequency on which the signal was received; and

 (d) the message of the signal; and

 (e) the action taken by the licensee to satisfy the requirements of subsection (1).

Schedule Specification documents: VHF International Maritime Mobile Service

(section 5)

 

 

Column 1

Item no.

Column 2

Description of document

1

‘Specification for Radio Equipment employed in the International VHF Maritime Mobile Radiotelephone Service’ (also known as ‘RB 274’), published by the Postmaster-General’s Department in January 1974

2

‘Specification for Radio Equipment employed in the International VHF Maritime Mobile Radiotelephone Service’ (also known as ‘RB 274’), published by the Postal and Telecommunications Department in January 1976

3

‘Specification for Radio Equipment employed in the International VHF Maritime Mobile Radiotelephone Service’ (also known as ‘RB 274’), published by the Postal and Telecommunications Department in October 1977

4

‘The International VHF Maritime Mobile Radiotelephone Service’ (also known as ‘RB 274’), published by the Department of Communications in October 1983

5

‘Specification for the International VHF Maritime Mobile Radiotelephone Service’ (also known as ‘DOC 274’), published by the Department of Transport and Communications in October 1988

6

‘Standard under the Radiocommunications Act 1983 for Radiotelephone Equipment used in the VHF International Maritime Mobile Service’ (also known as ‘MS 274’), published by the Department of Transport and Communications and gazetted in August 1990

7

‘Equipment Compliance Requirements for Radiotelephony Equipment used in the VHF International Maritime Mobile Service’ (also known as ‘ECR 274’), published by the Department of Transport and Communications in August 1990

8

‘Equipment Compliance Requirements for Radiotelephony Equipment used in the VHF International Maritime Mobile Service (incorporating Ministerial Standard 274)’ (also known as ‘ECR 274’), published by the Department of Transport and Communications in October 1990

9

‘Radiocommunications Standard (VHF Radiotelephone Equipment — Maritime Mobile Service) No. 1 of 1997’, gazetted on 5 March 1997

Notes to the Radiocommunications Licence Conditions (Major Coast Receive Licence) Determination 1997

Note 1

The Radiocommunications Licence Conditions (Major Coast Receive Licence) Determination 1997 (in force under paragraph 107 (1) (f) of the Radiocommunications Act 1992) as shown in this compilation is amended as indicated in the Tables below.

Under the Legislative Instruments Act 2003, which came into force on 1 January 2005, it is a requirement for all non-exempt legislative instruments to be registered on the Federal Register of Legislative Instruments.

Table of Instruments

Title

Date of notification
in Gazette or FRLI registration

Date of
commencement

Application, saving or
transitional provisions

Radiocommunications Licence Conditions (Major Coast Receive Licence) Determination No. 1 of 1997

9 Apr 1997
(see Gazette 1997, No. GN14)

9 Apr 1997

 

Radiocommunications Licence Conditions (Major Coast Receive Licence) Amendment Determination 2005 (No. 1)

23 Mar 2005 (see F2005L00758)

24 Mar 2005

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

S. 1.................

rs. 2005 No. 1

S. 2.................

am. 2005 No. 1

Note to s. 3............

rs. 2005 No. 1

 

Overview

The Radiocommunications Licence Conditions (Major Coast Receive Licence) Determination 1997, as amended, was enacted under the Radiocommunications Act 1992 to address the need for clear and specific conditions governing the operation of major coast receive stations in Australia. The primary objective of this legislation is to ensure the efficient and safe use of radiocommunications by imposing detailed conditions on the holders of major coast receive licences, thereby contributing to the overall effectiveness of maritime safety and search and rescue operations. This Determination is overseen by the relevant federal authority and is intended to provide a comprehensive regulatory framework that ensures compliance with international standards and obligations, while also facilitating the provision of essential communication services for maritime safety and distress situations.

Scope and Application

The Radiocommunications Licence Conditions (Major Coast Receive Licence) Determination 1997 applies to the holders of a major coast receive licence under the Radiocommunications Act 1992, and any person authorised by the licensee to operate a station under that licence. It establishes conditions for the operation of major coast receive stations, which are typically used for maritime search and rescue operations and monitoring international distress frequencies. The Act applies at the Commonwealth level, and its conditions are subject to any specific terms outlined in the individual licence itself. The Determination mandates compliance with certain technical standards, particularly for VHF international maritime mobile service equipment, and specifies the services that may be provided, such as search and rescue operations and reception of public correspondence. Additionally, it requires that the station be operated by a qualified operator and stipulates procedures for responding to distress, urgency, and safety signals, including record-keeping requirements. The application of the Determination can be extended or modified through subordinate instruments, such as amendments made to the original Determination.

Key Provisions

The Radiocommunications Licence Conditions (Major Coast Receive Licence) Determination 1997 sets forth the conditions to which a major coast receive licence is subject under the Radiocommunications Act 1992 (section 2). It mandates that a licensee must operate a major coast receive station to provide specific services, including search and rescue operations in conjunction with the Maritime Rescue Co-ordination Centre Australia or a similar body, maintaining a continuous listening watch on international distress frequencies for distress, urgency, and safety signals, and the reception of public correspondence (section 6). Additionally, the licensee must ensure that any major coast receive station that includes VHF international maritime mobile service equipment complies with the requirements of the most recent applicable specification document (section 5). The licensee must also ensure that the station is operated by, or under the supervision of, a qualified operator (section 7). The licensee has the obligation to acknowledge and forward distress, urgency, and safety signals received by the major coast receive station to the appropriate station or authority when the signal has not been acknowledged by another station (section 8). Furthermore, the licensee must maintain detailed records of such signals, including the date and time of reception, the identity of the other station, the frequency on which the signal was received, the message of the signal, and the action taken to satisfy the requirements of the acknowledgment and forwarding (section 8). The licensee must also ensure that the station meets the technical standards outlined in the applicable specification document. Failure to comply with the conditions set out in this Determination may result in penalties under the Radiocommunications Act 1992. The exact nature of the penalties is not detailed within the Determination itself but may include fines or other administrative sanctions. The licensee could also face civil or criminal liability if their failure to comply results in harm or other negative consequences, although specific penalties are not outlined in this Determination. The Radiocommunications (Qualified Operators) Determination No. 1 of 1993 and other related legislation may provide further details on the qualifications and obligations of operators.

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