Radiocommunications (Minimum Age for Issue of Certificates of Proficiency) Declaration 2015
Radiocommunications Act 1992
The AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY makes this Declaration under section 122 of the Radiocommunications Act 1992.
Dated: 10th August 2015
Chris Chapman
[signed]
Member
Richard Bean
[signed]
Member/General Manager
Australian Communications and Media Authority
1 Name of Declaration
This Declaration is the Radiocommunications (Minimum Age for Issue of Certificates of Proficiency) Declaration 2015.
2 Commencement
This Declaration commences on the later of:
(a) the date on which it is published in the Gazette;
(b) the day after it is registered.
Note 1 All legislative instruments must be registered on the Federal Register of Legislative Instruments required to be maintained under the Legislative Instruments Act 2003. See www.comlaw.gov.au.
Note 2 Both of these events must occur before this Declaration commences.
3 Revocation
The Notice Declaring the Minimum Age for Issue of a Certificate of Proficiency [F2005B00145] is revoked.
4 Definitions
In this Declaration, unless the contrary intention appears:
Act means the Radiocommunications Act 1992.
GMDSS means Global Maritime Distress and Safety System.
Note The following term used in this Declaration has the same meaning as in the Act:
- certificate of proficiency
5 Minimum Age
For the purposes of section 122 of the Act, the minimum age for issue of a certificate of proficiency of a class specified in column 2 of Table 1 is the age specified in the corresponding column 3 of Table 1.
Table 1 Minimum Age
Column 1 | Column 2 | Column 3 |
Item No. | Certificate of Proficiency | Minimum Age in Years |
1 | GMDSS First-Class Radio Electronic Certificate | 18 |
2 | GMDSS General Operator’s Certificate of Proficiency | 18 |
3 | GMDSS Second-Class Radio Electronic Certificate | 18 |
4 | Long Range Operator Certificate of Proficiency | 16 |
5 | Marine Satellite Communications Endorsement | 16 |
6 | Short Range Operator Certificate of Proficiency | 16 |
Overview
The Radiocommunications (Minimum Age for Issue of Certificates of Proficiency) Declaration 2015 was made by the Australian Communications and Media Authority (ACMA) under section 122 of the Radiocommunications Act 1992. This Declaration was introduced to specify the minimum age requirements for the issue of various radio operator certificates, addressing the need for standardisation in the minimum age criteria across different types of radio proficiency certificates. It came into effect on the later of the date of its publication in the Gazette or the day after its registration. The Declaration revoked the earlier Notice Declaring the Minimum Age for Issue of a Certificate of Proficiency [F2005B00145], updating the age requirements to those specified in Table 1, which sets out the minimum age for different classes of certificates such as GMDSS First-Class Radio Electronic Certificate, GMDSS General Operator’s Certificate of Proficiency, and others, with specific ages ranging from 16 to 18 years.
Scope and Application
The Radiocommunications (Minimum Age for Issue of Certificates of Proficiency) Declaration 2015 applies to individuals seeking to obtain specific certificates of proficiency in the radiocommunications industry, as specified under the Radiocommunications Act 1992. This declaration sets forth the minimum age requirements for issuance of certificates such as the GMDSS First-Class Radio Electronic Certificate, GMDSS General Operator’s Certificate of Proficiency, GMDSS Second-Class Radio Electronic Certificate, Long Range Operator Certificate of Proficiency, Marine Satellite Communications Endorsement, and Short Range Operator Certificate of Proficiency. The declaration applies nationally within Australia and is applicable to all individuals or entities seeking to issue or obtain these certificates. The geographic reach of this declaration is not limited to any specific state or territory, but rather extends across the entire Commonwealth of Australia. This declaration revokes the previous Notice Declaring the Minimum Age for Issue of a Certificate of Proficiency [F2005B00145] and sets the minimum age for each specified certificate, with GMDSS certificates requiring applicants to be 18 years of age, and Long Range and Short Range Operator Certificates requiring applicants to be 16 years of age.
Key Provisions
The Radiocommunications (Minimum Age for Issue of Certificates of Proficiency) Declaration 2015 specifies the minimum age requirements for individuals to be issued with various certificates of proficiency under the Radiocommunications Act 1992 (sections 122). Section 5 of the Declaration sets out the minimum ages for different certificates, with Table 1 providing a detailed breakdown. For example, individuals must be at least 18 years old to be issued a GMDSS First-Class Radio Electronic Certificate (item 1), a GMDSS General Operator’s Certificate of Proficiency (item 2), and a GMDSS Second-Class Radio Electronic Certificate (item 3). Conversely, the minimum age for a Long Range Operator Certificate of Proficiency (item 4) and a Short Range Operator Certificate of Proficiency (item 6) is set at 16 years (item 5 is not specified in the table). These provisions ensure that individuals meet a certain age threshold before they can be certified in specific areas of radio communications.
Under the Radiocommunications Act 1992, the obligations imposed by this Declaration include the requirement for individuals to meet the specified minimum age before applying for a certificate of proficiency. This is particularly relevant for maritime communications, where the Global Maritime Distress and Safety System (GMDSS) and other radio communications are critical. The Australian Communications and Media Authority (ACMA) is responsible for administering these certificates and ensuring compliance with the age requirements stipulated in the Declaration. Licensing authorities and other relevant bodies must also adhere to these minimum age stipulations when issuing or renewing certificates of proficiency.
Failure to comply with the age requirements outlined in the Radiocommunications (Minimum Age for Issue of Certificates of Proficiency) Declaration 2015 may result in civil or criminal consequences. While the specific offences and penalties are not detailed within the Declaration itself, under the Radiocommunications Act 1992, breaches of licensing conditions or fraudulent applications can lead to substantial penalties. For example, under section 126 of the Act, an individual found guilty of an offence may be subject to fines and imprisonment. The exact penalties depend on the nature and severity of the breach, but they can include fines up to several thousand Australian dollars and imprisonment for terms varying based on the offence. The ACMA has the authority to enforce these provisions and take appropriate action against those who fail to comply with the age requirements.