Radiocommunications Licence Conditions (Major Coast Receive Licence) Determination 2015
Radiocommunications Act 1992
The AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY makes this Determination under paragraph 107(1)(f) of the Radiocommunications Act 1992.
 
 
Dated 11 August 2015
Chris Chapman
[signed]
Member
 
 
Brendan Byrne
[signed]
Member/General Manager
 
Australian Communications and Media Authority
 
1          Name of Determination
This Determination is the Radiocommunications Licence Conditions (Major Coast Receive Licence) Determination 2015.
 
2          Commencement
            This Determination commences on the day after it is registered.
Note:      All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003.  See http://www.comlaw.gov.au.
 
3          Revocation
The Radiocommunications Licence Conditions (Major Coast Receive Licence) Determination 1997 [F2005B01141] is revoked.
4          Purpose and scope
(1)   This Determination sets out conditions to which a major coast receive licence is subject.
(2)   If a condition in this Determination is inconsistent with a condition specified in the licence, the condition specified in the licence applies.
 
5          Interpretation
(1)   In this Determination, unless the contrary intention appears:
Act means the Radiocommunications Act 1992.
AMSA means the Australian Maritime Safety Authority.
distress signal means a signal indicating that a mobile unit, or a person, is threatened by grave and imminent danger and requires immediate assistance.
licensee means the holder of a major coast receive licence and includes any person authorised by the licensee to operate a station under the licence.
mobile unit means a ship, aircraft or other vehicle.
safety signal means a signal concerning safety or navigation or providing an important meteorological warning.
urgency signal means a very urgent signal concerning the safety of a mobile unit or a person.
Note:      Unless the contrary intention appears, terms used in this Determination that are defined in the Act or in the Radiocommunications (Interpretation) Determination 2015 (Interpretation Determination) have the same meaning as in the Act or Interpretation Determination.
Terms defined in the Act include:
·            qualified operator
·            standard
Terms defined in the Interpretation Determination include:
·            major coast receive licence
·            major coast receive station
·           public correspondence
 
(2)   In this Determination, unless the contrary intention appears, a reference to another legislative instrument is a reference to that other legislative instrument as in force from time to time.
Note 1:   For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislative Instruments Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.
Note 2:   All Commonwealth Acts and legislative instruments are available on the ComLaw website at http://www.comlaw.gov.au.
 
6          Conditions
For paragraph 107(1)(f) of the Act, every major coast receive licence is subject to the conditions in this Determination relating to the operation of any major coast receive station under the licence by the licensee.
7          Technical performance of a station
(1)   A licensee must not operate a major coast receive station, unless the operation of the station complies with subsections (2) and (3).
(2)   The major coast receive station must comply with the requirements in any standard (applicable standard), specified in Part 1 of the Schedule, that applies to it.
Note:      This provision is not intended to limit the operation of paragraph 107(1)(d) of the Act, which provides that an apparatus licence is subject to a condition that any radiocommunications device operated under the licence must comply with all the standards applicable to it.
(3)   The major coast receive station must comply with the requirements in any document (applicable document), specified in Part 2 of the Schedule, that applies to it.
(4)   If the major coast receive station complies with the applicable standard as in force at the time the station is manufactured in Australia or imported, the station meets the requirements of subsection (2).
(5)   If the major coast receive station complies with the edition of the applicable document that is in force at the time the station is manufactured in Australia or imported, the station meets the requirements of subsection (3).
Note:      A licensee must also comply with any applicable Marine Orders made by AMSA. – see www.amsa.gov.au.
 
8          Services that may be provided
The licensee must only operate a major coast receive station to provide the following services:
(a)   search and rescue operations in conjunction with AMSA or a body that performs functions similar to those performed by AMSA;
(b)   a continuous listening watch on international distress frequencies for distress signals, safety signals and urgency signals;
(c)   reception of public correspondence.
 
9          Qualified operator
A major coast receive station must only be operated by, or under the supervision of, a qualified operator.
 
10       Response to distress, urgency or safety signals and record keeping
(1)   If a major coast receive station receives a distress signal, safety signal or urgency signal from another station and does not immediately receive an indication that the signal has been acknowledged, the licensee of the major coast receive station must ensure that:
            (a)   an acknowledgment of the signal is directed to the other station; and
            (b)   the signal is forwarded to:
                   (i)  the station or authority named in the signal; or
                   (ii) if the signal does not name a station or authority — an appropriate station or authority;
by the quickest and most effective means available.
(2)   For the signal in subsection (1), the licensee must, for at least 2 years, keep a record of:
            (a)   the date and time of reception of the signal;
            (b)   the identity of the other station;
            (c)   the frequency on which the signal was received;
            (d)   the message of the signal; and
            (e)   the action taken by the licensee to satisfy the requirements of subsection (1).
 
11        Transitional and savings
(1)   In this section:
commencement day means the day specified in section 2.
former determination means the Radiocommunications Licence Conditions (Major Coast Receive Licence) Determination 1997.
(2)   This section has effect despite the revocation of the former determination.
(3)   A licensee who operates a major coast receive station that was manufactured or imported before the commencement day is taken to comply with subsection 7(1) of this Determination, if the licensee is in compliance with section 5 of the former determination as in force immediately before the commencement day.
Schedule        Standards and documents
                             (section 7)
 
Part 1     Standards
For section 7, the following standards are specified:
Radiocommunications (Devices Used in the Inshore Boating Radio Services Band) Standard 2008;
Radiocommunications (MF and HF Radiotelephone Equipment - International Maritime Mobile Service) Standard 2014; and
Radiocommunications (VHF Radiotelephone Equipment – Maritime Mobile Service) Standard 2014.
 
Part 2     Documents
For section 7, the following documents are specified:
International Standard IEC 62320-1, Maritime navigation and radiocommunication equipment and systems – Automatic identification system (AIS) – Part 1: AIS Base Stations – Minimum operational and performance requirements, methods of testing and required test results, published by the International Electrotechnical Commission and as existing from time to time.
International Standard IEC 62320-2, Maritime navigation and radiocommunication equipment and systems – Automatic identification system (AIS) – Part 2: AIS AtoN Stations – Operational and performance requirements, methods of testing and required test results, published by the International Electrotechnical Commission and as existing from time to time.
International Standard IEC 62320-3, Maritime navigation and radiocommunication equipment and systems – Automatic identification systems (AIS) – Part 3: Repeater Stations – Minimum operational and performance requirements - Methods of test and required test results, published by the International Electrotechnical Commission and as existing from time to time.
Note: Documents made or published by the International Electrotechnical Commission are available at http://www.iec.ch.