EXPLANATORY STATEMENT
Prepared by the Australian Communications and Media Authority
Radiocommunications Act 1992
Radiocommunications (Minimum Age for Issue of Certificates of Proficiency)
Declaration 2015
Purpose
The Australian Communications and Media Authority (the ACMA) has made the Radiocommunications (Minimum Age for Issue of Certificates of Proficiency) Declaration 2015 (Minimum Age Declaration) under section 122 of the Radiocommunications Act 1992 (the Act). The Minimum Age Declaration revokes and replaces the Notice Declaring the Minimum Age for the Issue of a Certificate of Proficiency (the Notice) with modifications to update and to replace outdated provisions.
Under Part 6 of the Legislative Instruments Act 2003 (the LIA), most legislative instruments ‘sunset’ (that is, they are automatically repealed) on the 1 April or 1 October that first occurs 10 years after they are registered on the Federal Register of Legislative Instruments.
The Notice is due to sunset on 1 October 2015 and is being remade in a new instrument prior to the sunset date without significant changes, so that its ongoing effect is preserved.
Legislative provisions
The Minimum Age Declaration has been made by the ACMA under section 122 of the Act, and subsection 33(3) of the Acts Interpretation Act 1901 (the AIA). Subsection 122(2) of the Act defines ‘minimum age’, in relation to a class of certificates, as the age that the ACMA declares to be the minimum age for the purposes of section 122 in relation to that class of certificates. Under paragraph 122(1)(a) of the Act, the ACMA must not issue a certificate of proficiency unless it is satisfied that the applicant has reached the minimum age in relation to the class of certificates in which the certificate is included.
The Minimum Age Declaration sets out the minimum age required to be attained before specified classes of certificates of proficiency can be issued.
Subsection 33(3) of the AIA relevantly provides that where an Act confers a power to make a legislative instrument, the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.
The Minimum Age Declaration is a disallowable legislative instrument for the purposes of the LIA.
Background
The Minimum Age Declaration, in conjunction with other related instruments, is intended to ensure that operators of marine radio stations and coast stations have the necessary skills to operate a marine radio appropriately. Under section 120 of the Act, a person who wishes to be a qualified operator of a marine radio station or coast station may apply to the ACMA for a certificate of proficiency. Under subsection 122(1), the ACMA must not issue a certificate of proficiency unless the ACMA is satisfied that the applicant has reached the minimum age in relation to that certificate.
By attaining the minimum age and obtaining the certificate, it is expected that operators will be able to use equipment in accordance with the appropriate frequencies, transmitter output power and protocols to minimise the potential for interference to maritime radio operation. These frequencies, powers and protocols are set internationally and used by commercial shipping and recreational boaters around the world. Instruments like the Minimum Age Declaration are put in place with the objective of harmonising marine radio use in Australia.
If existing arrangements were not in place, businesses and individual boaters could find the marine radio network becoming overloaded and congested due to misuse. Significant costs could accrue if alternative communication methods needed to be employed. Therefore, it is appropriate to preserve those arrangements as they have ongoing relevance.
Summary of Changes
The main differences between the Notice and the Minimum Age Declaration include:
- Updating the names of marine radio certificates of proficiency following changes made at recent World Radio Conferences. For example, Marine Radio Operators Certificate of Proficiency and Marine Radio Operators VHF Certificate of Proficiency are being updated to Long Range and Short Range Operator Certificates of Proficiency respectively.
- Updating references from ‘ACA’ to ‘the ACMA’.
Regulation Impact Statement (RIS)
The Office of Best Practice Regulation (OBPR) has advised that the ACMA can self-assess the performance of the Notice and follow an alternate self-certification process to remake it as the Minimum Age Declaration without significant change. The OBPR reference number is: RIS ID 11672.
Public consultation
The ACMA conducted public consultation on the draft Minimum Age Declaration, which was accompanied by a consultation paper outlining the changes for comment. The consultation paper and draft instrument were made available on the ACMA website from 6 May 2015 to 19 June 2015. One submission was received from Marine Rescue New South Wales. The submitter requested reducing the minimum age to 12 years to support young vessel operators in NSW who can obtain a “Young Adult general licence” at 12 years of age. The ACMA considered the submission but felt this proposed reduction of the minimum age would not be consistent with current requirements set by the International Telecommunication Union. However, the new Australian Waters Qualification (which has no age requirements) is an alternative qualification which young boaters can attain which will overcome this problem. Consequently, no amendments to the draft instrument consulted upon were made.
In addition, the ACMA has consulted with the Australian Maritime Safety Authority to ensure that the Minimum Age Declaration reflects current international practice in relation to prescribing the appropriate minimum age for the various certificates of proficiency used in maritime communications.
Statement of Compatibility with Human Rights
Subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011 requires the rule maker in relation to a legislative instrument to which section 42 (disallowance) of the LIA applies to cause a statement of compatibility to be prepared in respect of that legislative instrument.
This statement has been prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
The Minimum Age Declaration, made under section 122 of the Act, sets out the minimum age for the issue of specific certificates of proficiency as set out in Table 1 in section 5.
The Minimum Age Declaration is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
The ACMA has considered whether the Minimum Age Declaration engages any applicable human rights or freedoms and has formed the view that it does not. The Minimum Age Declaration is compatible with human rights as it does not raise any human rights issues.
Documents incorporated by reference
None.
Notes on Sections
Section 1 Name of Declaration
Section 1 provides that the name of the declaration is the Radiocommunications (Minimum Age for Issue of Certificates of Proficiency) Declaration 2015.
Section 2 Commencement
Section 2 provides that the Minimum Age Declaration commences on the later of the date on which it is published in the Gazette, and the day after it is registered on the Federal Register of Legislative Instruments. Both these events must occur before the Minimum Age Declaration commences.
Section 3 Revocation
Section 3 revokes the Notice.
Section 4 Definitions
Section 4 provides definitions for terms used in the Minimum Age Declaration.
Section 5 Minimum Age
Section 5 provides that the minimum age for the issue of certificates of proficiency set out in column 2 of Table 1, is the age specified in the corresponding part of column 3.
Certificates of proficiency are issued by the Australian Maritime College, an institute of the University of Tasmania, a body that is a delegate of the ACMA under section 122A of the Act for the purpose of issuing certificates.