{"id":"F2026L00243","name":"Radiocommunications (Qualified Operators – Maritime) Determination 2026","slug":"radiocommunications-qualified-operators-maritime-determination-2026","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":107781,"registerId":"commonwealth-F2026L00243-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n  This instrument is the Radiocommunications (Qualified Operators – Maritime) Determination 2026.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  This instrument commences at the start of the day after the day it is registered on the Federal Register of Legislation.\n\n> Note: The Federal Register of Legislation is available, free of charge, at www.legislation.gov.au.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This instrument is made under section 119 of the Radiocommunications Act 1992.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Repeal","content":"#### 4 Repeal\n\n  The Radiocommunications (Qualified Operators) Determination 2016 (F2016L00375) is repealed.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Interpretation","content":"#### 5 Interpretation\n\n  (1) In this instrument:\n\n> Administration has the meaning given by the Radio Regulations.\n\n> Note: The Radio Regulations are available, free of charge, from the website of the International Telecommunication Union at www.itu.int.\n\n> AMSA means the Australian Maritime Safety Authority.\n\n> GMDSS certificate (short for Global Maritime Distress and Safety System certificate) means a GMDSS radio operator certificate, issued by AMSA under section 31 of the Navigation Act 2012.\n\n> Note: For the GMDSS radio operator certificate, see Subdivision 3.2 of Division 3 of Marine Order 70 (Seafarer certification) 2014, which is available, free of charge, from the Federal Register of Legislation at www.legislation.gov.au.\n\n> overseas certificate means a certificate or qualification, however described, issued by or on behalf of an Administration.\n\n> Note 1: See also subsection (2) in relation to an overseas certificate.\n\n> Note 2: A number of other expressions used in this instrument are defined in the Act, including the following:\n\n    (a) ACMA;\n    (b) certificate of proficiency;\n    (c) operate;\n    (d) qualified operator;\n    (e) radiocommunications transmitter;\n    (f) transmitter;\n    (g) transmitter licence.\n\n> Note 3: Other expressions used in this instrument may be defined in a determination, made under subsection 64(1) of the Australian Communications and Media Authority Act 2005, that applies to this instrument, including:\n\n    (a) 27 MHz maritime frequency;\n    (b) Act;\n    (c) communication;\n    (d) high frequency;\n    (e) limited coast assigned system station;\n    (f) limited coast marine rescue station;\n    (g) limited coast non assigned station;\n    (h) major coast A station;\n    (i) maritime coast licence;\n    (j) maritime coast station;\n    (k) maritime ship licence;\n    (l) maritime ship station;\n    (m) medium frequency;\n    (n) Radio Regulations;\n    (o) ship station Class B;\n    (p) space station;\n    (q) ultra high frequency;\n    (r) very high frequency.\n  (2) In this instrument, a reference to an overseas certificate by a particular name (the named certificate) includes:\n    (a) a reference to an overseas certificate, however named or described, that has been issued in accordance with the requirements specified for the named certificate in Article 47 of the Radio Regulations; and\n    (b) a reference to an overseas certificate, however named or described, that is replaced or superseded by a named certificate (whether or not it was immediately replaced or superseded by the named certificate, or was replaced or superseded by a series of certificates that ends in the named certificate); and\n    (c) a reference to an overseas certificate, however named or described, that replaces or supersedes a named certificate (whether or not it immediately replaces or supersedes the named certificate, or replaces or supersedes the named certificate by a series of certificates that ends in the overseas certificate).\n\n> Note 1: Article 47 of the Radio Regulations lists the current overseas certificates that may be issued, and sets out requirements to be met before they are to be issued. At the time this instrument was made, Article 47.26 listed six overseas certificates that are no longer issued and have been replaced or superseded by the current overseas certificates.\n\n> Note 2: The Radio Regulations are available, free of charge, from the website of the International Telecommunication Union at www.itu.int.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"References to other instruments","content":"#### 6 References to other instruments\n\n  In this instrument, unless the contrary intention appears:\n    (a) a reference to any other legislative instrument is a reference to that other legislative instrument as in force from time to time; and\n    (b) a reference to any other kind of instrument or writing is a reference to that other instrument or writing as in force, or existing, from time to time.\n\n> Note 1: For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.\n\n> Note 2: All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.\n\n> Note 3: See section 314A of the Act.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Qualified operators","content":"#### 7 Qualified operators\n\n  Subject to section 8, a person operating transmitters under a transmitter licence specified in column 1 of Table 1 must be a qualified operator.\n  Table 1\n\n| Item | Column 1                                                                                                                                                                                                                                                                                                                                                                    | Column 2                                                                                             |\n| ---- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ---------------------------------------------------------------------------------------------------- |\n|      | Transmitter licence                                                                                                                                                                                                                                                                                                                                                         | Certificate of proficiency                                                                           |\n| 1    | Maritime coast licence that authorises the operation of one or more of the following:(a) a limited coast assigned system station;(b) a limited coast marine rescue station;(c) a limited coast non assigned station;where the station is operated on a medium frequency, high frequency or very high frequency                                                              | Long Range Operator Certificate of Proficiency                                                       |\n| 2    | Maritime ship licence that authorises the operation of a ship station Class B, where the station is operated on a medium frequency, high frequency or a very high frequency                                                                                                                                                                                                 | Long Range Operator Certificate of Proficiency                                                       |\n| 3    | Maritime coast licence that authorises the operation of one or more of the following:(a) a limited coast assigned system station;(b) a limited coast marine rescue station;(c) a limited coast non assigned station;where the station is operated to communicate with a space station on a medium frequency, high frequency, very high frequency or an ultra high frequency | Long Range Operator Certificate of Proficiency with the Marine Satellite Communications Endorsement  |\n| 4    | Maritime ship licence that authorises the operation of a ship station Class B, where the station is operated to communicate with a space station on a medium frequency, high frequency, very high frequency or an ultra high frequency                                                                                                                                      | Long Range Operator Certificate of Proficiency with the Marine Satellite Communications Endorsement  |\n| 5    | Maritime coast licence that authorises the operation of one or more of the following:(a) a limited coast assigned system station;(b) a limited coast marine rescue station;(c) a limited coast non assigned station;where the station is operated on a very high frequency                                                                                                  | Short Range Operator Certificate of Proficiency                                                      |\n| 6    | Maritime ship licence that authorises the operation of a ship station Class B, where the station is operated on a very high frequency                                                                                                                                                                                                                                       | Short Range Operator Certificate of Proficiency                                                      |\n| 7    | Maritime coast licence that authorises the operation of one or more of the following:(a) a limited coast assigned system station;(b) a limited coast marine rescue station;(c) a limited coast non assigned station;where the station is operated to communicate with a space station on a very high frequency or an ultra high frequency                                   | Short Range Operator Certificate of Proficiency with the Marine Satellite Communications Endorsement |\n| 8    | Maritime ship licence that authorises the operation of a ship station Class B, where the station is operated to communicate with a space station on a very high frequency or an ultra high frequency                                                                                                                                                                        | Short Range Operator Certificate of Proficiency with the Marine Satellite Communications Endorsement |\n\n> Note 1: Column 2 is included for information only, and sets out the certificate of proficiency for the relevant transmitter licence at the time this instrument was made.\n\n> Note 2: Under section 5 of the Act, a person is a qualified operator if they hold a certificate of proficiency. Under section 121 of the Act, the ACMA may issue a certificate of proficiency certifying that the holder is taken to be a qualified operator in relation to a class of transmitter licences specified in the certificate. Under paragraph 108(2)(e) of the Act, it is a condition of each transmitter licence specified in Table 1 that the licensee, and any person authorised by the licensee under section 114 of the Act, must not operate a transmitter unless the licensee or person is a qualified operator.\n\n> Note 3: A person who holds a certificate of proficiency of a kind that is no longer issued is still a qualified operator for the purposes of the Act, for the class of transmitter licence specified in the certificate.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Exceptions","content":"#### 8 Exceptions\n\n  Overseas certificates\n  (1) Section 7 does not apply where a person:\n    (a) operates a radiocommunications transmitter specified in column 1 of Table 2, in the circumstances specified in column 2; and\n    (b) the person holds an overseas certificate specified in column 3.\n  Table 2\n\n| Item | Column 1                        | Column 2                                                                                               | Column 3                                                                                                                                                                         |\n| ---- | ------------------------------- | ------------------------------------------------------------------------------------------------------ | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n|      | Radiocommunications transmitter | Circumstances                                                                                          | Overseas certificate                                                                                                                                                             |\n| 1    | major coast A station           | Operated under a maritime coast licence                                                                | (a) First-class radio electronic certificate(b) Second-class radio electronic certificate(c) General operator’s certificate                                                      |\n| 2    | ship station Class C            | Operated under a maritime ship licence                                                                 | (a) First-class radio electronic certificate(b) Second-class radio electronic certificate(c) General operator’s certificate                                                      |\n| 3    | maritime coast station          | Operated under a maritime coast licence, on a medium frequency or a high frequency                     | (a) First-class radio electronic certificate(b) Second-class radio electronic certificate(c) General operator’s certificate(d) Long-range certificate                            |\n| 4    | ship station Class B            | Operated under a maritime ship licence, on a medium frequency, high frequency or a very high frequency | (a) First-class radio electronic certificate(b) Second-class radio electronic certificate(c) General operator’s certificate(d) Long-range certificate                            |\n| 5    | maritime coast station          | Operated under a maritime coast licence, on a very high frequency                                      | (a) First-class radio electronic certificate(b) Second-class radio electronic certificate(c) General operator’s certificate(d) Long-range certificate(e) Short-range certificate |\n| 6    | ship station Class B            | Operated under a maritime ship licence, on a very high frequency                                       | (a) First-class radio electronic certificate(b) Second-class radio electronic certificate(c) General operator’s certificate(d) Long-range certificate(e) Short-range certificate |\n\n  GMDSS certificates\n  (2) Section 7 does not apply where:\n    (a) a person operates a maritime coast station or a maritime ship station under a transmitter licence; and\n    (b) the person holds:\n    (i) a GMDSS certificate; or\n    (ii) a qualification recognised by AMSA as equivalent to a GMDSS certificate in accordance with Division 4 of Marine Order 70 (Seafarer certification) 2014.\n\n> Note 1: Marine Order 70 (Seafarer certification) 2014 is available, free of charge, from the Federal Register of Legislation at www.legislation.gov.au.\n\n> Note 2: A maritime coast station may be operated under a maritime coast licence, and a maritime ship station may be operated under a maritime ship licence.\n\n  (3) Section 7 does not apply where:\n    (a) a person, under the supervision of another person, operates a maritime coast station or a maritime ship station under a transmitter licence; and\n    (b) the other person is at the location of the station; and\n    (c) the other person holds:\n    (i) a GMDSS certificate; or\n    (ii) a qualification recognised by AMSA as equivalent to a GMDSS certificate in accordance with Division 4 of Marine Order 70 (Seafarer certification) 2014.\n\n> Note: Marine Order 70 (Seafarer certification) 2014 is available, free of charge, from the Federal Register of Legislation at www.legislation.gov.au.\n\n> Note 2: A maritime coast station may be operated under a maritime coast licence, and a maritime ship station may be operated under a maritime ship licence.\n\n  Maritime ship station operated on 27 MHz maritime frequency\n  (4) Section 7 does not apply where a person operates a maritime ship station on a 27 MHz maritime frequency.\n\n> Note: A maritime ship station may be operated under a maritime ship licence.","sortOrder":7}],"analysis":{"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The instrument expressly repeals the Radiocommunications (Qualified Operators) Determination 2016 (s4) and replaces it with a new specification of which maritime transmitter licences must be operated by qualified operators and which certificates qualify (s7 and Table 1). It also defines multiple exceptions (overseas certificates in Table 2; AMSA GMDSS and equivalents, supervised operation, and 27 MHz exemption in s8), thereby updating the mapping and exception framework compared with the repealed instrument (s4, s7, s8)."},"complexity_factors":["Extensive cross-references to external instruments and international rules (Radio Regulations/Article 47, Marine Order 70, Radiocommunications Act and other determinations) creating interpretive dependencies (see s5(1), s5(2), s6).","Detailed mapping of licence types to different certificates in Table 1, requiring users to match licence class, station class and frequency to a certificate (see s7 and Table 1).","Layered exceptions regime with distinct triggers and certificate lists (overseas certificates in Table 2; GMDSS and AMSA equivalence in s8(2)-(3); 27 MHz exemption in s8(4)).","Many technical terms and station/frequency categories are defined outside the instrument, increasing lookup and compliance effort (see s5 Note 3 and references throughout).","Repeal of the prior Determination (s4) means assessing change requires comparison to the 2016 text (s4).","Regulatory discretion and certification pathways referenced (ACMA issuance of certificates under the Act; AMSA recognition of equivalents), introducing administrative processes licensees must engage with (see s7 Note 2; s8(2) notes).","Supervision exception imposes on-site presence and qualification requirements, creating operational compliance and supervision burdens for licence-holders (see s8(3))."],"plain_english_summary":"This Determination replaces the 2016 instrument and specifies which maritime transmitter licences require a qualified operator and what certificate qualifies. It applies to operators and licence-holders of coastal and ship stations, tying licence conditions to specific proficiency certificates while carving out exceptions for certain overseas certificates, AMSA-issued GMDSS or equivalent qualifications, supervised operation, and 27 MHz ship stations. It matters because it sets the credential, compliance and supervisory requirements that operators and licence-holders must meet."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation maintains its original scope as a technical qualification framework for maritime radio operators. While it updates the 2016 Determination with modernised certificate structures (adding satellite communication endorsements and clarifying GMDSS pathways), it remains focused on its core purpose: specifying who may operate maritime radiocommunications equipment under Australian licences."},"complexity_factors":["Multiple cross-referenced definitions: 18 defined terms in section 5, with 7 defined in the parent Act and 17 in a separate ACMA determination","Complex nested referencing: Overseas certificates defined by reference to ITU Radio Regulations Article 47, with recursive replacement/supersession rules in subsection 5(2)","Tabular conditional logic: 8 licence/certificate combinations in Table 1, each with multiple technical conditions (frequency bands, station classes, satellite communication flags)","Layered exceptions: Section 8 contains 4 distinct exception categories (overseas certificates, GMDSS certificates, supervised operation, 27 MHz exemption), with Table 2 adding 6 more conditional rows","External legislative dependencies: References to Navigation Act 2012, Marine Order 70, ITU Radio Regulations, and Radiocommunications Act 1992 create a web of incorporated material"],"plain_english_summary":"This Determination replaces the 2016 instrument and defines who may legally operate maritime radio in Australia by specifying required qualifications for coast stations, ship stations and radio operators. It generally requires Australian long‑ or short‑range operator certificates (and a satellite endorsement for marine satellite use), while recognising overseas/international certificates, AMSA GMDSS seafarer certificates, supervised trainees and basic 27 MHz use as exceptions. It matters because certified operators keep distress, safety and coordination communications reliable and allow compliant international vessels."}},"importantCases":[],"_links":{"self":"/api/acts/radiocommunications-qualified-operators-maritime-determination-2026","history":"/api/acts/radiocommunications-qualified-operators-maritime-determination-2026/history","analysis":"/api/acts/radiocommunications-qualified-operators-maritime-determination-2026/analysis","conflicts":"/api/acts/radiocommunications-qualified-operators-maritime-determination-2026/conflicts","importantCases":"/api/acts/radiocommunications-qualified-operators-maritime-determination-2026/important-cases","documents":"/api/acts/radiocommunications-qualified-operators-maritime-determination-2026/documents"}}