Radiocommunications (Maritime Ship Station — 27 MHz and VHF) Class Licence Variation 2008 (No. 1)

Administered by Department of Communications and the Arts

Legislation au F2009L00014 Not in force Legislative Instrument

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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       EXPLANATORY STATEMENT

 

Issued by the Australian Communications and Media Authority

 

Radiocommunications (Maritime Ship Station — 27 MHz and VHF) Class Licence Variation 2008 (No. 1)

 

Radiocommunications Act 1992

 

 

 

 

Legislative Basis

Section 134 of the Radiocommunications Act 1992 (the Act) allows the Australian Communications and Media Authority (ACMA) to vary a class licence by a notice published in the Australian Government Notices Gazette (the Gazette). Subject to section 136 of the Act, ACMA may vary a class licence by including one or more further conditions or revoking or varying any conditions of the licence.

Section 56 of the Legislative Instruments Act 2003 (the LIA) provides that the requirement for publication in the Gazette is satisfied by registration on the Federal Register of Legislative Instruments (FRLI).

A variation made under paragraph 134 of the Act is a disallowable instrument for the purposes of the LIA.

 

Purpose

The Radiocommunications (Maritime Ship Station — 27 MHz and VHF) Class Licence Variation 2008 (No. 1) (the Class Licence Variation) implements changes to the Radiocommunications (Maritime Ship Station — 27 MHz and VHF) Class Licence 2001 (the Class Licence). The changes are intended to implement licensing arrangements for new deployments of Automatic Identification Systems (AIS) on maritime vessels.

The Class Licence Variation 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 (Emergency Locating Devices) Class Licence Variation 2008 (No. 1);
  • Radiocommunications (Aircraft and Aeronautical Mobile Stations) Class Licence Variation 2008 (No. 1);
  • Radiocommunications (Interpretation) Amendment Determination 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).

 

 

Background

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).

The Class Licence Variation implements changes to the operation of AIS that are applicable to licensees operating under the Class Licence. In particular, the Class Licence Variation authorises the use of certain deployments of AIS by maritime ship stations and applies the standard applicable to the relevant AIS equipment.

 

Consultation

Section 136 of the Act requires ACMA to conduct a public consultation process via publishing a Gazette Notice before a class licence can be varied. The consultation requirements of section 17 of the LIA are also applicable.

ACMA published the applicable Gazette Notice on 6 November 2008. A consultation paper was released on the same date, covering the Class Licence Variation and the other amending 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 Class Licence Variation has no compliance cost on industry and no effect on competition. For this reason, ACMA’s Best Practice Regulation Coordinator determined that the Class Licence Variation 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 Class licence Variation and the other amending legislative instruments.

 

 

 

 

 

 

 

 

NOTES ON THE INSTRUMENT

 

Section 1 Name of Variation

Section 1 provides that the Class Licence Variation is the Radiocommunications (Maritime Ship Station — 27 MHz and VHF) Class Licence Variation 2008 (No. 1).

 

Section 2 Commencement

Section 2 provides that the Class Licence Variation commences on the day after it is registered on the FRLI.

 

Section 3 Variation of Radiocommunications (Maritime Ship Station — 27 MHz and VHF) Class Licence 2001

Section 3 provides that Schedule 1 varies the Radiocommunications (Maritime Ship Station — 27 MHz and VHF) Class Licence 2001.

 

 

Schedule 1 Variations

 

[1] Section 3, definition of AIS

Item [1] removes the definition for AIS in the Class Licence. This is because this definition is being relocated to the Radiocommunications (Interpretation) Determination 2000 by the Radiocommunications (Interpretation) Amendment Determination 2008 (No. 1).

[2] Subsection 9 (1), paragraph (c)

Item [2] inserts a new note into section 3 of the Class Licence. This note directs readers to the Radiocommunications (Interpretations) Determination 2000 for a definition of AIS.

[3] Schedule 1, after Part 1.3

Item [3] inserts a new Part 1.4 into Schedule 1 of the Class Licence. Schedule 1 lists applicable equipment specifications and standards. New Part 1.4 provides for AIS equipment to comply with the applicable AIS standard.

[4] Schedule 2, heading

Item [4] amends the heading of Schedule 2 to reflect the fact that Schedule 2 refers to sections 10 to 18.

Overview

The Radiocommunications (Maritime Ship Station — 27 MHz and VHF) Class Licence Variation 2008 (No. 1) was enacted to address the need for updated regulatory frameworks to accommodate new developments in maritime communication technologies, particularly in relation to Automatic Identification Systems (AIS). This legislative instrument is a variation to the Radiocommunications (Maritime Ship Station — 27 MHz and VHF) Class Licence 2001, authorised under Section 134 of the Radiocommunications Act 1992 by the Australian Communications and Media Authority (ACMA). The primary objective of this variation is to implement licensing arrangements for new deployments of AIS on maritime vessels, ensuring compliance with international standards and improving maritime safety and navigation. The changes were necessitated by updates from the 2007 World Radiocommunication Conference, which introduced provisions for satellite detection of AIS transmissions and the deployment of AIS transmitters on aircraft and survival craft. The variation was subject to a public consultation process as required by the Act, receiving support from relevant stakeholders such as Airservices Australia, the Australian Maritime Safety Authority, and the Australian Radio Communications Industry Association. This legislative measure aims to streamline the use of AIS technology in maritime operations without imposing compliance costs or affecting competition.

Scope and Application

The Radiocommunications (Maritime Ship Station — 27 MHz and VHF) Class Licence Variation 2008 (No. 1) applies to all entities and individuals holding a Maritime Ship Station licence under the Radiocommunications (Maritime Ship Station — 27 MHz and VHF) Class Licence 2001, specifically focusing on the use of Automatic Identification Systems (AIS) on maritime vessels. The legislation encompasses the entire Commonwealth of Australia and is administered by the Australian Communications and Media Authority (ACMA) under the authority granted by the Radiocommunications Act 1992. The primary purpose of this variation is to implement new licensing arrangements for the deployment of AIS, including the use of satellite detection, AIS transmitters on aircraft and survival craft for search and rescue purposes, and AIS Aids to Navigation stations. This Act extends its application through subordinate instruments such as the Radiocommunications (Interpretation) Amendment Determination 2008 (No. 1) and does not impose any compliance costs or competitive impacts, as determined by ACMA's Best Practice Regulation Coordinator.

Key Provisions

The Radiocommunications (Maritime Ship Station — 27 MHz and VHF) Class Licence Variation 2008 (No. 1) primarily alters the Radiocommunications (Maritime Ship Station — 27 MHz and VHF) Class Licence 2001 to incorporate new licensing arrangements for Automatic Identification Systems (AIS) on maritime vessels. This variation, as outlined in section 3 of the variation, modifies the Class Licence by including additional conditions and applying the appropriate standards for AIS equipment. The changes are intended to align the licensing framework with the developments and new deployments of AIS technology, as recognised in the 2007 World Radiocommunication Conference (WRC-07). The obligations imposed by the Act on the parties governed by the Class Licence include ensuring compliance with the updated specifications and standards for AIS equipment as detailed in the new Part 1.4 of Schedule 1. Maritime ship operators must adhere to these standards to maintain their compliance with the licence conditions. Additionally, the variation requires that vessels equipped with AIS transmitters must signal their identity, position, and other relevant information to coastal stations and ships in their vicinity. The operators are also expected to update their equipment and practices in line with the new regulatory framework to ensure safe and efficient maritime operations. Failure to comply with the conditions set out in the Class Licence Variation may result in enforcement actions. While the explanatory statement does not detail specific civil or criminal penalties, violations of radiocommunications legislation generally can lead to fines, licence suspension, or revocation. The severity of the penalties depends on the nature and extent of the breach, as well as any prior history of non-compliance. Given the critical role of AIS in maritime safety, non-compliance could also have serious safety implications and potentially lead to regulatory scrutiny or legal action.

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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.