Automatic sunsetting of
legislative instruments—
Proposal to remake:
Radiocommunications Licence Conditions (Major Coast Receive Licence) Determination 1997
Radiocommunications Licence Conditions (Maritime Coast Licence) Determination 2002
Notice Declaring the Minimum Age for the Issue of a Certificate of Proficiency
Consultation paper
may 2015
Canberra
Red Building
Benjamin Offices
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Belconnen ACT
PO Box 78
Belconnen ACT 2616
T+61 2 6219 5555
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Melbourne
Level 32
Melbourne Central Tower
360 Elizabeth Street
Melbourne VIC
PO Box 13112
Law Courts
Melbourne VIC 8010
T+61 3 9963 6800
F+61 3 9963 6899
Sydney
Level 5
The Bay Centre
65 Pirrama Road
Pyrmont NSW
PO Box Q500
Queen Victoria Building
NSW 1230
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F+61 2 9334 7799
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Background
Brief details of what the legislative instruments do
Major Coast Receive LCD
Maritime Coast LCD
Minimum Age Notice
Proposed changes to the legislative instruments
Major Coast Receive LCD and Maritime Coast LCD
Minimum Age Notice
Issue for comment
Making a submission
Background
Under Part 6 of the Legislative Instruments Act 2003, most legislative instruments ‘sunset’ (that is, they are automatically repealed) on the 1 April or 1October that first occurs 10 years after they are registered on the Federal Register of Legislative Instruments. This is an automatic process applying to most legislative instruments regardless of their particular content.
Among the legislative instruments made by the Australian Communications and Media Authority (the ACMA) that are due to sunset in the near future are the following instruments, due to sunset on the date shown:
Name of instrument / Sunset dateRadiocommunications Licence Conditions (Major Coast Receive Licence) Determination 1997(Major Coast ReceiveLCD) / 1 October 2015
Radiocommunications Licence Conditions (Maritime Coast Licence) Determination 2002 (Maritime Coast LCD) / 1 October 2015
Notice Declaring the Minimum Age for the Issue of a Certificate of Proficiency (Minimum Age Notice) / 1 October 2015
The ACMA has formed the preliminary view that these instruments are operating effectively and efficiently and, as such, continue to form a necessary and useful part of the legislative framework. Accordingly, the ACMA proposes to remake the instruments prior to the sunset date referred to above without any significant changes, so that their ongoing effect is preserved.
The ACMA proposes to remake the instruments with only such minor, necessary changes as are referred to below. The new instruments will be the:
Radiocommunications Licence Conditions (Major Coast Receive Licence) Determination 2015
Radiocommunications Licence Conditions (Maritime Coast Licence) Determination 2015
Notice Declaring the Minimum Age for the Issue of a Certificate of Proficiency 2015.
Brief details of what the legislative instruments do
Apparatus licences are issued by the ACMA under the Radiocommunications Act 1992 and are subject to licence conditions set out in the Act. Under paragraph 107(1)(f) of the Act, the ACMA may determine, by written instrument, additional licence conditions relating to particular apparatus licence types.
The Major Coast Receive LCD and the Maritime Coast LCDare intended to ensure that maritime ships and coast stations can communicate effectively in an interference-free environment by specifying appropriate marine frequencies, powers and protocols. These frequencies, powers and protocols are set internationally and utilised by all commercial shipping and recreational boaters around the world. These instrumentsare designed to provide harmonised marine radio use in Australia.
If these instruments were not in effect, lack of harmonisation could cause serious damage to the Australian marine radio framework and place vessels in serious danger. Australia operates as part of the international marine radio community with all visiting international ships using the same channels as Australian vessels. If existing arrangements were not available, 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 were needed to be employed.
Major Coast Receive LCD
The Major Coast Receive LCD is made under paragraph 107(1)(f) of the Act and sets out the additional conditions to which a major coast receive licence is subject. It specifies the types of services licensees may provide under the licence, including providing:
a receive station for search and rescue services
a continuous listening watch on international distress frequencies
reception of public correspondence.
Maritime Coast LCD
The Maritime Coast LCDis also made under paragraph 107(1)(f) of the Act and sets out the additional conditions to which a maritime coast licence is subject. It specifies the types of services licensees may provide under the licence, includingthe following servicesto maritime ship stations:
communications to support search and rescue services
weather forecasts
navigation warnings
public correspondence
listening watch on international distress frequencies.
Minimum Age Notice
The Minimum Age Notice is made under section 122 of the Act and sets out the minimum age a person must bebefore they can be issued with specified maritime certificates of proficiency.
The Notice provides the necessary legislative backing for the minimum-age requirements for a variety of maritime certificates of proficiency. Under paragraph 122(1)(a) of the Act, the ACMA must not issue a certificate of proficiency to a person who wishes to be a qualified operator of maritime ship stations and coast stations, unless it is satisfied that the applicant has reached the minimum age for the class of certificates in which the certificate is included. The ACMA must declare the minimum age for classes of certificates (subsection 122(2)).
The Minimum Age Notice accords with the International Telecommunication Union Radio Regulations and the Navigation Act 2012for the types of certificates of proficiency.
Proposed changes to the legislative instruments
The ACMA proposes to remake the three maritime instruments, without significant changes, so that their ongoing effect is preserved. The ACMA has formed the view that, subject to the minor changes described below:
there is a genuine need for the instruments to continue to operate
the instruments are effective and efficient in achieving their underlying regulatory purpose
there is no alternative regulatory option that would deliver equivalent benefits in terms of spectral efficiency and support to the international maritime arrangements to which Australia is a signatory, at lesser cost to the licensed community.
The changes proposed are listed below.
Major Coast Receive LCD and Maritime Coast LCD
Updating references to standards and documents. Many of the standards specified in the current instruments are either no longer relevant or accessible. These have been replaced with applicable current standards and other documents such as documents published by the International Electrotechnical Commission for Automatic Identification System (AIS) equipment.
Including grandfathering provisions to cover devices that comply with the current instruments (seesection 11(3) of the Major Coast Receive LCD and Part 8 of the Maritime Coast LCD).
Updating the names of certificates following changes made at recent World Radio Conferences. For example, the Marine Radio Operator’s Certificate of Proficiency and the Marine Radio Operator’s VHF Certificate of Proficiency are being renamed as the Long Range Operator’s Certificate of Proficiency and Short Range Operator’s Certificate of Proficiency respectively (see parts 5.6, 6.11 and 7.11 of the Maritime Coast LCD).
Changing references to the ACA to the ACMA.
Minimum Age Notice
Updatingthe names of certificates of proficiency following changes made at recent World Radio Conferences (seesections 4 and 5).
Changing references to the ACA to the ACMA.
The drafts of the proposed new instruments are on theACMA website.
Issue for comment
The ACMA considers that the three maritime instruments continue to form a necessary and useful part of the legislative framework. Accordingly, the ACMA proposes to revoke and remake them before the sunset date referred to above without any significant changes, so that their ongoing effect is preserved.
The ACMA welcomes comments from affected stakeholders on its proposal to remake the legislative instruments referred to above with the proposed minor amendments, and without any significant changes, on the basis that they are operating effectively and efficiently.
The ACMA will carefully consider any submissions received on issues raised in this paper before remaking the listed instruments. The ACMA will not provide a formal response to submissions but will provide links to submissions on its website.
Making a submission
Submissions should be directed to:
By email:
By mail:Manager
Spectrum Licensing PolicySection
The Australian Communications and Media Authority
PO Box13112
Law Courts
Melbourne VIC 8010
The closing date for submissions is COB, Friday 19 June 2015.
Each submission should specify:
the name of the individual or organisation making the submission
their contact details (such as a telephone number, postal address or email address).
A submitter may claim confidentiality over their name or contact details (see Publication of submissions below) or may make a submission anonymously or through use of a pseudonym (see Privacybelow).
Effective consultation
The ACMA is committed to ensuring the effectiveness of its stakeholder consultation processes, which are an important source of evidence for its regulatory development activities. To assist stakeholders in formulating submissions to its formal, written consultation processes, it has developed the following guide: Effective consultation: A guide to making a submission. This guide provides information about the ACMA’s formal, written, public consultation processes and practical guidance on how to make a submission.
Publication of submissions
In general, the ACMA publishes all submissions it receives, including any personal information in the submissions (such as names and contact details of submitters).The ACMA prefers to receive submissions which are not claimed to be confidential. However, the ACMA accepts that a submitter may sometimes wish to provide information in confidence. In these circumstances, submitters are asked to identify the material (including any personal information) over which confidentiality is claimed and provide a written explanation for the claim.The ACMA will consider each confidentiality claim on a case-by-case basis. If the ACMA accepts a claim, it will not publish the confidential information unless authorised or required by law to do so.
Release of submissions where authorised or required by law
Any submissions provided to the ACMA may be released under the Freedom of Information Act 1982 (unless an exemption applies) or shared with other Australian Government agencies and certain other parties under Part 7A of the Australian Communications and Media Authority Act 2005. The ACMA may also be required to release submissions for other reasons including for the purpose of parliamentary processes or where otherwise required by law (for example, under a court subpoena). While the ACMA seeks to consult submitters of confidential information before that information is provided to another party, the ACMA cannot guarantee that confidential information will not be released through these or other legal means.
Privacy
The Privacy Act 1988 imposes obligations on the ACMA in relation to the collection, security, quality, access, use and disclosure of personal information. These obligations are detailed in the Australian Privacy Principles that apply to organisations and Australian Government agencies.
The ACMA may only collect personal information if it is reasonably necessary for, or directly related to, one or more of its functions or activities.
The purposesfor which personal information is being collected (such as the names and contact details of submitters) are to:
contribute to the transparency of the consultation process by clarifying, where appropriate, whose views are represented by a submission
enable the ACMA to contact submitters where follow-up is requiredor to notify them of related matters (except where submitters indicate they do not wish to be notified of such matters).
The ACMA will not use the personal information collected for any other purpose, unless the submitter has provided their consent or the ACMA is otherwise permitted to do so under the Privacy Act.
Submissions in response to this paper are voluntary. As mentioned above, the ACMA generally publishes all submissionsit receives, including any personal information in the submissions. If a submitter has made a confidentiality claim over personal information which the ACMA has accepted, the submission will be published without that information.The ACMA will not release thepersonal information unless authorised or required by law to do so.
If a submitter wishes to make a submission anonymously or through use of a pseudonym, they are asked to contact the ACMA to see whether it is practicable to do so in light of the subject matter of the consultation. If it is practicable, the ACMA will notify the submitter of any procedures that need to be followed and whether there are any other consequences of making a submission in that way.
Further information on the Privacy Act and the ACMA’s privacy policy is available at The privacy policy contains details about how an individual may access personal information about them that is held by the ACMA, and seek the correction of such information. It also explains how an individual may complain about a breach of the Privacy Act and how the ACMA will deal with such a complaint.
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