Radiocommunications (Qualified Operators) Amendment Determination 2008 (No. 1)

Administered by Department of Communications and the Arts

Legislation au F2008L00372 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Issued by the Authority of the Australian Communications and Media Authority

Radiocommunications (Qualified Operators) Amendment Determination 2008

(No. 1)

Radiocommunications Act 1992

 

 

Legislative Basis

The Radiocommunications (Qualified Operators) Amendment Determination 2008 (No. 1) (the Amendment Determination) is made under Section 119 of the Radiocommunications Act 1992 (the Act).

 

Section 119 of the Act provides that the Australian Communications and Media Authority (ACMA) may determine, by written instrument, that persons operating transmitters under certain classes of licence specified in the instrument must be qualified operators. This determination is the Radiocommunications (Qualified Operators) Determination 2005 (the Principal Determination).

 

The Amendment Determination is a legislative instrument for the purposes of the Legislative Instruments Act 2003.

 

Background

Following changes made to the ITU Radio Regulations at the World Radiocommunication Conference 2003 (WRC-03) in relation to the Amateur Service, the former Australian Communications Authority (ACA) carried out a Review of Amateur Service Regulation in Australia (the Review). The findings of the Review were released in Outcomes of the Review of Amateur Service Regulation[1] (the Review Outcomes) in May 2004.

 

A key Review Outcome was the decision to consolidate Amateur licence options. Due to the removal of the ITU requirement for Morse code qualifications, a number of existing Amateur licence options became unnecessary. Accordingly, the five existing licence options were replaced with a new, three-tier licensing arrangement:

  • Amateur licence (amateur advanced station), which replaced the Unrestricted, Intermediate and Limited licences;
  • Amateur licence (amateur standard station), which replaced the Novice and Novice Limited licences; and
  • Amateur licence (amateur foundation station), a new “entry-level” licence option.

 

These licensing options were provided for by the Principal Determination, the

Radiocommunications Licence Conditions (Amateur Licence) Amendment Determination 2005 (No. 1) and the Radiocommunications (Interpretation) Amendment Determination 2005 (No. 2). To facilitate a transition period, the superseded licence options were retained in the Principal Determination when the new licence options were introduced in 2005. This transition period has now elapsed.

 

The transition period also raised an issue with the operation of Amateur Repeater and Amateur Beacon stations. At present, Amateur Repeater and Amateur Beacon stations may be operated by any Amateur qualified operator (i.e. those holding an Amateur Advanced, Amateur Standard or Amateur Foundation licence). However, Foundation licensees are not sufficiently qualified to operate amateur repeater or beacon stations.

 

Purpose

The Amendment Determination amends Section 4 of the Principal Determination in order to:

1)      remove reference to Amateur licence options that were superseded in 2005; and

2)      provide for appropriate qualifications for the operation of amateur repeater stations and amateur beacon stations.

 

Consultation

The ACA conducted extensive consultation with the Amateur community throughout the Review process. The discussion paper A Review of Amateur Service Regulation was released in August 2003. The discussion paper addressed changes made by the ITU to the Radio Regulations in relation to Amateur Radio, explored future options for the Amateur Service in Australia and invited comments from interested persons.  The ACA also held public meetings in 10 cities around Australia as part of the public consultation process. Over 700 people attended the meetings and over 1300 submissions were received in response to the discussion paper.

 

The findings of the Review – including the reforms endorsed by the ACA, which incorporated the comments made in the submissions – were published in the Review Outcomes in May 2004. The Review Outcomes are largely supported by the Amateur community. Further consultation was conducted with the Amateur community (through the Wireless Institute of Australia) during the process of drafting the Amendment Determination.

 

The Amendment Determination has no compliance cost on industry and no effect on competition. This is because the Amateur service is a “hobby” service. Use of the bands is either recreational or educational and generates no revenue for licensees. The changes are facilitative rather than prohibitive and only affect existing and prospective Amateur licence holders. Further, some changes are machinery and have no impact on industry or Amateur licence holders.

 

For this reason ACMA’s Best Practice Regulation Coordinator decided that the determination was 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 as a part of this process (ACMA Reference: 034)

 

 

 

Notes On The Instrument

 

Section 1 Name of Determination

Section 1 provides that the Amendment Determination is the Radiocommunications (Qualified Operators) Amendment Determination 2008 (No. 1).

 

Section 2 Commencement

Section 2 provides that the Amendment Determination commences on the day after it is registered on the Federal Register of Legislative Instruments.

 

Section 3 Amendment of Radiocommunications (Qualified Operators) Determination 2005

Section 3 provides that Schedule 1 amends the Radiocommunications (Qualified Operators) Determination 2005.

 

 

Schedule 1   Amendments

 

Item [1] Paragraphs 4(1)(c) to 4(1)(k)

 

Item [1] makes two amendments to the Principal Determination. These are:

 

  1. Paragraphs 4(1)(c), 4(1)(d), 4(1)(e), 4(1)(f) and 4(1)(h) are being removed. These paragraphs refer to superseded Amateur licence options. Reference to these licence options is no longer necessary; and

 

2.      Paragraphs 4(1)(c)(i) and 4(1)(c)(ii) are being inserted. Previously, any person holding an Amateur licence was authorised to operate an Amateur repeater or Amateur beacon station. These paragraphs will restrict the operation of Amateur repeater and Amateur beacon stations to persons holding appropriate qualifications. This recognises the fact the operation of Amateur repeater or Amateur beacon stations requires an appropriate level of proficiency.

[1] This document is available from the following URL: http://www.acma.gov.au/webwr/aca_home/ licensing/radcomm/amateur_review/amateur_review_outcome.pdf

Overview

The Radiocommunications (Qualified Operators) Amendment Determination 2008 (No. 1) was enacted under Section 119 of the Radiocommunications Act 1992 to address issues arising from changes in the International Telecommunication Union (ITU) Radio Regulations and to streamline the licensing arrangements for the Amateur Radio Service in Australia. The Australian Communications and Media Authority (ACMA), the body responsible for making this determination, aimed to ensure that the licensing framework remains current and reflective of the necessary qualifications for operating amateur repeater and beacon stations. This amendment followed a review of amateur service regulation and public consultation, resulting in a three-tier licensing system and the requirement for specific qualifications to operate amateur repeater and beacon stations. The purpose of this Amendment Determination is to remove references to outdated amateur licence options and to establish appropriate qualifications for operating amateur repeater and beacon stations. This ensures that the licensing structure is modernised and aligned with current operational needs and standards. The determination was developed through extensive consultation with the amateur radio community and has no compliance cost or effect on competition, given the non-commercial nature of the amateur service. Consequently, the ACMA determined that this amendment was minor and machinery in nature, thus exempt from the requirement for a Regulation Impact Statement and Business Cost Calculator Report.

Scope and Application

The Radiocommunications (Qualified Operators) Amendment Determination 2008 (No. 1) is made under Section 119 of the Radiocommunications Act 1992, which empowers the Australian Communications and Media Authority (ACMA) to specify qualifications for certain classes of licence holders operating transmitters. This Amendment Determination serves to refine the qualifications for Amateur licence holders, particularly in relation to the operation of Amateur repeater and Amateur beacon stations. It applies to all persons operating transmitters under the specified classes of Amateur licences as outlined in the Radiocommunications (Qualified Operators) Determination 2005. The Amendment Determination updates and replaces superseded licence options with a new, three-tier licensing arrangement, ensuring that the regulations align with international standards set by the International Telecommunication Union (ITU). It is a legislative instrument under the Legislative Instruments Act 2003 and applies nationally across Australia. The Amendment Determination removes references to outdated Amateur licence options and establishes the necessary qualifications for operating Amateur repeater and Amateur beacon stations, thereby ensuring that these activities are conducted by appropriately skilled individuals. The Amendment Determination does not impose any compliance costs on industry and has no impact on competition, as the Amateur service is a non-commercial hobby.

Key Provisions

The Radiocommunications (Qualified Operators) Amendment Determination 2008 (No. 1) (Amendment Determination) amends the Radiocommunications (Qualified Operators) Determination 2005 (Principal Determination) under Section 119 of the Radiocommunications Act 1992. The Amendment Determination removes references to superseded amateur licence options and introduces appropriate qualifications for operating amateur repeater and beacon stations. The changes are aimed at ensuring that only suitably qualified individuals operate these types of stations, thereby maintaining the safety and integrity of the amateur radio service. This Act imposes obligations on amateur radio operators to ensure they meet the necessary qualifications to operate certain types of stations. Specifically, it requires operators of amateur repeater and beacon stations to hold appropriate qualifications, recognising the higher level of proficiency required for these operations. Additionally, the Amendment Determination mandates the removal of references to outdated licence options that were superseded in 2005, streamlining the licensing structure and making it more relevant to current practices. Failure to comply with the requirements of this Act can result in civil or criminal consequences. Although the Act does not explicitly state penalties for non-compliance, breaches of similar provisions in the Radiocommunications Act 1992 can lead to significant penalties. For instance, unauthorised use of radio equipment can result in fines of up to $11,100 for individuals and $55,500 for corporations, as well as potential imprisonment. These penalties underscore the importance of adhering to the licensing and qualification requirements set forth by the Amendment Determination.

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Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Repeal & Amendment
Licensing & Registration
Reporting & Disclosure Obligations
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Amateur repeater stations
Amateur beacon stations

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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.