Radiocommunications Licence Conditions (Maritime Coast Licence) Amendment Determination 2008 (No. 1)

Overview

The Radiocommunications Licence Conditions (Maritime Coast Licence) Amendment Determination 2008 (No. 1) was enacted to implement appropriate licensing arrangements for new deployments of Automatic Identification Systems (AIS) operating under maritime coast station licences. This Amendment Determination was made under subsection 107(1)(f) of the Radiocommunications Act 1992, with the Australian Communications and Media Authority (ACMA) as the enacting body. The primary objective of this Determination is to update the licensing conditions to align with changes in AIS technology and operations, particularly in response to decisions made at the 2007 World Radiocommunication Conference (WRC-07). This includes accommodating the satellite detection of AIS transmissions, the deployment of AIS transmitters on aircraft and survival craft for search and rescue purposes, and the establishment of AIS Aids to Navigation (AtoN) stations. ACMA conducted public consultation as required by the Legislative Instruments Act 2003, receiving supportive comments from Airservices Australia, the Australian Maritime Safety Authority (AMSA), and the Australian Radio Communications Industry Association. Given that the Amendment Determination imposes no compliance costs or competitive impacts, it was deemed minor and machinery in nature, thus exempt from requiring a Regulation Impact Statement or Business Cost Calculator Report. The Office of Best Practice Regulation provided a reference number for the Amendment Determination and related instruments, confirming their minor status.

Scope and Application

The Radiocommunications Licence Conditions (Maritime Coast Licence) Amendment Determination 2008 (No. 1) applies to entities and individuals who operate Automatic Identification Systems (AIS) under maritime coast station licences in Australia. This Amendment Determination is made under the Radiocommunications Act 1992, which provides the legislative basis for the ACMA to set conditions applicable to maritime coast licence types. The Amendment Determination is a national instrument, reflecting its application across the Commonwealth of Australia. The changes implemented by this Amendment Determination do not introduce any compliance costs to industry or affect competition, hence a Regulation Impact Statement and Business Cost Calculator Report were deemed unnecessary. The primary purpose of the Amendment Determination is to incorporate new standards and requirements for the deployment of AIS stations, including the use of AIS on aircraft, survival craft, and Aids to Navigation stations, in line with the decisions made at the 2007 World Radiocommunication Conference. The Amendment Determination extends the Principal Determination by adding new conditions and standards for the operation of AIS equipment, ensuring compliance with the latest international standards. The Amendment Determination makes no specific exclusions or exemptions from its application, except for the fact that it applies only to AIS equipment manufactured or imported after the commencement date of the Amendment Determination. The Amendment Determination is supported by subordinate instruments such as the Radiocommunications (Interpretation) Amendment Determination 2008 (No. 1), which provides definitions for AIS and AIS Aids to Navigation stations. The Amendment Determination is one of several amending legislative instruments that form part of the radiocommunications regulatory framework, which also includes 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), and Radiocommunications Licence Conditions (Maritime Ship Licence) Amendment Determination 2008 (No. 1).

Key Provisions

The Radiocommunications Licence Conditions (Maritime Coast Licence) Amendment Determination 2008 (No. 1) (the Amendment Determination) amends the Radiocommunications Licence Conditions (Maritime Coast Licence) Determination 2002 (the Principal Determination) to implement appropriate licensing arrangements for new deployments of Automatic Identification Systems (AIS) operating under maritime coast station licences (section 3). Specifically, the Amendment Determination introduces a new section 5.4A (item [2]) into the Principal Determination, requiring limited coast assigned system stations equipped with AIS equipment manufactured or imported after the commencement date of the Amendment Determination to comply with applicable AIS standards (section 5.4A). Additionally, the Amendment Determination inserts a new note (item [1]) directing readers to the Radiocommunications (Interpretations) Determination 2000 for definitions of AIS and AIS Aids to Navigation (AtoN) stations. The Amendment Determination also includes a new Part 6 (item [4]), which sets out the standards applicable to AIS equipment operated under the Principal Determination. These standards are intended to ensure that AIS equipment meets specific technical requirements and operates in accordance with international standards. The Amendment Determination imposes several obligations on parties and entities governed by the maritime coast licence type, primarily focusing on the compliance of AIS equipment with specified standards. The Amendment Determination mandates that any limited coast assigned system stations equipped with AIS equipment manufactured or imported after the commencement date of the Amendment Determination must comply with the applicable AIS standards outlined in Part 6 of the Principal Determination (section 5.4A). These standards cover various technical aspects of AIS equipment to ensure consistent and reliable operation. Furthermore, the Amendment Determination requires that any references to AIS equipment must refer to the Radiocommunications (Interpretations) Determination 2000 for definitions of AIS and AIS AtoN stations. This ensures that all stakeholders have a clear understanding of the terminology and specifications relevant to AIS operations. Failure to comply with the conditions set out in the Amendment Determination may result in legal consequences. The Radiocommunications Act 1992 (the Act) provides the legislative basis for the Amendment Determination and outlines the potential penalties for non-compliance with licensing conditions. Specifically, section 107(1)(f) of the Act allows the Australian Communications and Media Authority (ACMA) to determine conditions applicable to various licensing options under the maritime coast licence type. While the Amendment Determination itself does not specify particular offences or penalties, non-compliance with the conditions set out in the Act could lead to enforcement actions, including fines or other penalties as prescribed by the Act. It is important for licensees to adhere to the standards and requirements specified in the Amendment Determination to avoid any potential legal repercussions.