Radiocommunications Licence Conditions (Maritime Ship Licence) Determination 2025

Part 1 Preliminary

1 Name

This is the Radiocommunications Licence Conditions (Maritime Ship Licence) Determination 2025.

2 Commencement

This instrument commences at the start of the day after the day it is registered on the Federal Register of Legislation.

Note: The Federal Register of Legislation is available, free of charge, at www.legislation.gov.au.

3 Authority

This instrument is made under subsection 110A(2) of the Act.

4 Repeal

The Radiocommunications Licence Conditions (Maritime Ship Licence) Determination 2015 (F2015L00288) is repealed.

5 Interpretation

(1) In this instrument, unless the contrary intention appears:

AIS satellite communication (ship-satellite) means communication using Automatic Identification System (AIS) technology from a ship to a satellite.

AMRD (short for autonomous maritime radio device) means a station in the maritime mobile service which is mobile, operates at sea and transmits independently of a maritime ship station or a maritime coast station, which may also be temporarily moored.

Note 1: The definition of AMRD is taken from the International Telecommunication Union’s Radiocommunications Sector’s Recommendation ITU-R M.2135-1. Recommendation ITU-R M.2135-1 is available, free of charge, from the International Telecommunication Union’s website at www.itu.int.

Note 2: Recommendation ITU-R M.2135-1 divides AMRD into AMRD Group A and AMRD Group B. AMRD Group A is defined in that Recommendation to be AMRD that enhance the safety of navigation. The operation of man overboard (Class M) devices that are within AMRD Group A may be authorised by the Radiocommunications (Emergency Locating Devices) Class Licence 2016, or another class licence that replaces that instrument. The Radiocommunications (Emergency Locating Devices) Class Licence 2016 is a legislative instrument and is available, free of charge, from the Federal Register of Legislation at www.legislation.gov.au.

AMRD Group B means an AMRD that does not enhance the safety of navigation (an AMRD which delivers signals or information which do not concern the safety of navigation of the vessel or do not complement vessel traffic safety in waterways).

Note: The definition of AMRD is taken from the International Telecommunication Union’s Radiocommunications Sector’s Recommendation ITU-R M.2135-1. Recommendation ITU-R M.2135-1 is available, free of charge, from the International Telecommunication Union’s website at www.itu.int.

AMSA means the Australian Maritime Safety Authority.

Australian territorial sea means the sea within the limits of the territorial sea declared under subsection 7(1) of the Seas and Submerged Lands Act 1973.

calling means operating a station to contact another station.

commercial operations: see subsection (2).

distress alert relay means a DSC transmission of a distress communication on behalf of another station.

Note: The definition of distress alert relay is based on Section I, Article 32, Chapter VII of the Radio Regulations. The Radio Regulations are available, free of charge, from the website of the International Telecommunication Union at www.itu.int.

distress communication means a communication of a situation in which a person or mobile unit is threatened by grave and imminent danger and requires immediate assistance.

Note: The definition of distress communication is based on Section II, Article 32, Chapter VII of the Radio Regulations. The Radio Regulations are available, free of charge, from the website of the International Telecommunication Union at www.itu.int.

DSC (short for digital selective calling) means a digital system of communication used for the following purposes:

(a) transmitting distress communications from ships;
(b) transmitting acknowledgments of distress communications, from maritime coast stations;
(c) relaying distress communications;
(d) transmitting alerts before the broadcast of urgency and safety messages.

Note 1: For DSC, see the International Telecommunication Union’s Radiocommunications Sector’s Recommendation ITU-R M.493-16, Digital selective-calling system for use in the maritime mobile service, which is available, free of charge, from the International Telecommunication Union’s website at www.itu.int.

Note 2: The transmission of a distress communication indicates that a ship is threatened by grave and imminent danger, and is requesting immediate assistance. A distress communication is a digital selective call, using a distress call format, that provides the identification of the station in distress and its position.

fish:

(a) includes all species of bony fish, sharks, rays, crustaceans, molluscs and other marine organisms; but
(b) does not include marine mammals or marine reptiles.

GMDSS certificate means a GMDSS radio operator certificate, issued by AMSA under section 31 of the Navigation Act 2012.

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.

inshore boating radio service means a maritime mobile service comprising of limited coast stations and maritime ship stations operating in the Australian territorial sea or in inland waterways.

inshore boating radio service organisation means an organisation formed for the purpose of using inshore boating radio services, whether or not it was also formed for other purposes.

Note: Example: A surf lifesaving club may be an inshore boating radio service organisation, if the club was formed for the purposes of surf lifesaving and of using inshore boating radio services to assist in surf lifesaving.

limited coast station means:

(a) a limited coast assigned system station; or
(b) a limited coast maritime rescue station; or
(c) a limited coast non assigned station.

listening watch means the use of a station that is, or incorporates, a radiocommunications receiver, to monitor a frequency specified in column 2 of the table in Schedule 9.

maritime ship licence (ship station Class B non assigned) means a maritime ship licence that authorises the operation of a ship station Class B non assigned.

Note: If the ACMA issues a maritime ship licence that authorises a ship station Class B assigned, the licence is not a maritime ship licence (ship station Class B non assigned).

maritime ship licence (ship station Class C non assigned) means a maritime ship licence that authorises the operation of a ship station Class C non assigned.

Note: If the ACMA issues a maritime ship licence that authorises a ship station Class C assigned, the licence is not a maritime ship licence (ship station Class C non assigned).

mobile unit means a ship, an aircraft, or another kind of vehicle.

narrow-band direct-printing telegraphy, in relation to a maritime ship station, means a form of radiocommunication:

(a) in which the transmitted information is intended to be recorded on arrival as a graphic document, or in a similar form; and
(b) which is transmitted in accordance with Article 56 of the Radio Regulations.

Note: The Radio Regulations are available, free of charge, from the International Telecommunication Union’s website at www.itu.int.

non-commercial operations: see subsection (3).

port operations means activities relating to the operational handling, movement and navigation of ships in or near a port.

professional fishing operations means the operations of a ship that is used, or is intended to be used, wholly or principally for the taking, catching or capturing of fish for trading or manufacturing purposes.

radiotelephony means radiocommunication primarily in the form of speech.

recognised mobile-satellite service means a mobile-satellite service that is:

(a) recognised by the International Maritime Organization for use in the GMDSS; and
(b) operated in accordance with the Radio Regulations.

Note: The International Maritime Organization recognises mobile-satellite services for use in the GMDSS under the International Convention for the Safety of Life at Sea.

rescue organisation means an organisation whose sole or principal purpose involves securing the safety of persons during an emergency.

safety communication means a communication relating to the safety of navigation or the provision of an important meteorological warning.

Note: The definition of safety communication is based on Section IV, Article 33, Chapter VII of the Radio Regulations. The Radio Regulations are available, free of charge, from the website of the International Telecommunication Union at www.itu.int.

SAR means search and rescue.

Search and Rescue Authority has the meaning given by the National Search and Rescue Manual published by AMSA on behalf of the Australian National Search and Rescue Council.

Note: The National Search and Rescue Manual is available, free of charge, from AMSA’s website at www.amsa.gov.au.

TOR (short for telex-on-radio) means radiocommunication primarily in the form of text.

urgency communication means a communication that urgent attention to the safety of a mobile unit or person is required.

Note: The definition of urgent communication is based on Section II, Article 33, Chapter VII of the Radio Regulations. The Radio Regulations are available, free of charge, from the website of the International Telecommunication Union at www.itu.int.

watchkeeping receiver means a station that:

(a) is, or incorporates, a radiocommunications receiver; and
(b) automatically monitors a frequency, or that scans and monitors several frequencies, specified in column 2 of table items 1, 2 or 3 of the table in Schedule 9, for distress communications.

working means operating a maritime ship station to exchange messages with another station.

Note 1: A number of other expressions used in this instrument are defined in the Act, including the following:

(a) ACMA;
(b) aircraft;
(c) certificate of proficiency;
(d) equipment rules;
(e) import;
(f) interference;
(g) operate;
(h) qualified operator;
(i) radiocommunication;
(j) radiocommunications device;
(k) radiocommunications receiver;
(l) radiocommunications transmitter;
(m) transmitter licence;
(n) vessel.

Note 2: 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:

(a) 27 MHz maritime frequencies;
(b) Act;
(c) aircraft station;
(d) AM;
(e) Application Specific Messages (ASM);
(f) Automatic Identification System (AIS);
(g) communication;
(h) earth station;
(i) GMDSS;
(j) high frequency;
(k) limited coast assigned system;
(l) limited coast maritime rescue station;
(m) limited coast non assigned station;
(n) major coast A station;
(o) major coast receive station;
(p) maritime coast station;
(q) maritime frequencies;
(r) maritime mobile service;
(s) maritime ship licence;
(t) maritime ship station;
(u) medium frequency;
(v) message;
(w) MF;
(x) mobile-satellite service;
(y) public correspondence;
(z) pX;
(aa) pY;
(ab) pZ;
(ac) Radio Regulations;
(ad) radiodetermination;
(ae) radionavigation;
(af) ship;
(ag) ship station Class B;
(ah) ship station Class B assigned;
(ai) ship station Class B non assigned;
(aj) ship station Class C assigned;
(ak) ship station Class C non assigned;
(al) SSB;
(am) station;
(an) ultra high frequency;
(ao) very high frequency;
(ap) VHF;
(aq) VHF Data Exchange System (VDES).

(2) In this instrument, commercial operations does not include: (a) port operations; or (b) professional fishing operations. (3) In this instrument, non-commercial operations does not include: (a) commercial operations; or (b) port operations; or (c) professional fishing operations. (4) In this instrument, unless the contrary intention appears, a reference to a station is taken to be a reference to each radiocommunications transmitter that forms part of the station.

Note: A station is an installation or thing that is, or includes, one or more radiocommunications transmitters, one or more radiocommunications receivers, or both one or more radiocommunications transmitters and one or more radiocommunications receivers. This instrument imposes licence conditions on maritime ship licences, which are a type of transmitter licence, so this instrument is primarily concerned with transmitter licences and the radiocommunications transmitters whose operation is authorised by those licences. However, the operation of some conditions in relation to some maritime ship licences may depend on specified radiocommunications receivers.

(5) In this instrument, unless the contrary intention appears, expressions that are defined in the Radio Regulations have the meaning given by the Radio Regulations.

Note: Expressions used in this instrument that are defined in the Radio Regulations include the following:

(a) coast earth station;
(b) coast station;
(c) ship earth station;
(d) ship station.

(6) In this instrument, unless the contrary intention appears, a reference to a part of the spectrum or frequency band includes all frequencies that are greater than but not including the lower frequency, up to and including the higher frequency.

Note: This means the lower number in the reference to the part of the spectrum or frequency band is not included in the part or band.

(7) Unless the contrary intention appears, no condition imposed by this instrument limits any other condition imposed by this instrument.

6 References to other instruments

In this instrument, unless the contrary intention appears: (a) a reference to any other legislative instrument is a reference to that other legislative instrument as in force from time to time; and (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.

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.

Note 2: All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.

Note 3: See section 314A of the Act.

Part 2 Conditions – maritime ship licences

7 Application and interpretation of Part 2

(1) Subject to subsection (2), every maritime ship licence is subject to the conditions in this Part. (2) If: (a) a condition is specified in a maritime ship licence under paragraph 107(1)(g) of the Act, or imposed on the licence under paragraph 111(1)(a) of the Act; and (b) that condition is inconsistent with a condition specified in this Part; then, to the extent of any inconsistency, the condition mentioned in paragraph (a) prevails.

8 Condition – compliance with particular documents

(1) Subject to subsection (3), a person must not operate a radiocommunications device that is part of a maritime ship station if: (a) one or more of the documents specified in subsection (2), as existing on the device compliance day for the station, was expressed to apply to the station; and (b) the station does not comply with the document, as existing on the device compliance day for the station.

Note 1: Under Part 4.1 of the Act, a person may be prohibited from operating a maritime ship station, including a station not covered by subsection (1), if the station does not comply with requirements set out in equipment rules made under section 156 of the Act.

Note 2: A maritime ship licence does not authorise operation of a radiocommunications receiver that is part of a maritime ship station. Such a radiocommunications receiver is not specified for the purposes of paragraph 7(1)(b) of the Act, and so its operation does not require a licence under the Act (see section 46 of the Act). However, operation of a radiocommunications receiver in contravention of this condition may be a contravention of section 113 of the Act, or may result in suspension or cancellation of the maritime ship licence.

(2) For the purposes of paragraph (1)(b), the following documents are specified: (a) IEC 61993-2, Maritime navigation and radiocommunication equipment and systems – Automatic identification systems – Part 2: Class A shipborne equipment of the automatic identification system (AIS) – Operation and performance requirements, methods of test and required test results, published by the International Electrotechnical Commission; (b) IEC 62287.1, Maritime navigation and radiocommunication equipment and systems – Class B shipborne equipment of the automatic identification system (AIS) Part 1: Carrier-sense time division multiple access (CSTDMA) techniques, published by the International Electrotechnical Commission; (c) IEC 62287.2, Maritime navigation and radiocommunication equipment and systems – Class B shipborne equipment of the automatic identification system (AIS) – Part 2: self-organising time division multiple access (SOTDMA) techniques, published by the International Electrotechnical Commission.

Note: Each of IEC 61993-2, IEC 62287.1 and IEC 62287.2 is available, for a fee, from the International Electrotechnical Commission’s website at www.iec.ch. Each of IEC 61993-2, IEC 62287.1 and IEC 62287.2 is also available to be viewed, on prior request, at an ACMA office, subject to licensing conditions.

(3) In subsection (1), device compliance day, for a maritime ship station, means: (a) if the station was manufactured in Australia and paragraph (c) does not apply – the day it was manufactured; or (b) if the station was imported and paragraph (c) does not apply – the day it was imported; or (c) if the station was manufactured in Australia or imported, and altered or modified in a material respect in Australia after it was manufactured or imported – the day it was so altered or modified.

9 Condition – water use only

A person must not operate a maritime ship station on land.

10 Condition – qualifications

(1) Subject to subsection (5), a person must not operate a maritime ship station unless the person: (a) except where paragraph (b) or (c) applies – holds a qualification specified in subsection (2), or operates the station under the supervision of such a person; (b) if the station is operated on a medium frequency or high frequency – holds a certificate of proficiency specified in subsection (3), or operates the station under the supervision of such a person; (c) if the station is operated on a very high frequency or an ultra high frequency – holds a certificate of proficiency specified in subsection (3) or subsection (4), or operates the station under the supervision of such a person. (2) For the purposes of paragraph (1)(a), the following qualifications are specified: (a) GMDSS certificate; (b) a qualification recognised by AMSA as equivalent to a GMDSS certificate, in accordance with Division 4 of Marine Order 70 (Seafarer certification) 2014.

Note 1: For paragraph (a), GMDSS certificates are issued in accordance with 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.

Note 2: For paragraph (b), Marine Order 70 (Seafarer certification) 2014 is available, free of charge, from the Federal Register of Legislation at www.legislation.gov.au.

(3) For the purposes of paragraphs (1)(b) and (c), the following certificates of proficiency are specified: (a) Restricted Radiotelephone Operator Certificate of Proficiency; (b) Marine Radio Operator Certificate of Proficiency; (c) Long Range Operator Certificate of Proficiency. (4) For the purposes of paragraph (1)(c), the following certificates of proficiency are specified: (a) Marine Radio Operator VHF Certificate of Proficiency; (b) Short Range Operator Certificate of Proficiency.

Note: For subsections (3) and (4), certificates of proficiency are issued under section 121 of the Act. Some of the certificates of proficiency mentioned in the subsections may no longer be issued. More information about certificates of proficiency is available, free of charge, from the ACMA’s website at www.acma.gov.au.

(5) Subsection (1) does not apply in relation to the operation of a maritime ship station on a 27 MHz maritime frequency. (6) In this section, a person operates a station under the supervision of another person only if the other person is at the location of the station when the station is operated.

11 Conditions – beyond the Australian territorial sea

(1) A person must not operate a maritime ship station beyond the Australian territorial sea otherwise than in accordance with: (a) the Radio Regulations; and (b) if the station is in the territorial sea of another country – any requirement of the country that applies to radiocommunications. (2) A person must not operate a maritime ship station: (a) beyond the Australian territorial sea; and (b) on a maritime frequency authorised by the International Telecommunication Union and published in the Manual for Use by the Maritime Mobile and Maritime Mobile-Satellite Services; otherwise than to communicate with one of the following: (c) a coast station operated in another country; (d) a coast earth station operated in another country; (e) a ship earth station; (f) a ship station.

Note: The Manual for Use by the Maritime Mobile and Maritime Mobile-Satellite Services is available, free of charge, from the International Telecommunication Union’s website at www.itu.int.

12 Condition – identification of station

(1) Subject to subsection (2), a person must not operate a maritime ship station unless, at the start of each transmission, or of each series of transmissions, the person transmits: (a) the call sign for the station; (b) another form of identification that clearly identifies the station.

Note: A maritime ship licence will specify a call sign for the maritime ship station authorised to be operated under the licence.

(2) If a maritime ship station uses DSC or Automatic Identification System (AIS), the person must use a maritime mobile service identity issued by AMSA as the form of identification.

Note 1: Licensees may apply for a maritime mobile service identity from AMSA. Information about maritime mobile services identities is available, free of charge, from AMSA’s website at www.amsa.gov.au.

Note 2: The availability of maritime mobile service identities is set out in the Radio Regulations. In performing its functions in relation to a maritime mobile service identity, AMSA will generally have regard to the Radio Regulations. The Radio Regulations are available, free of charge, from the website of the International Telecommunication Union at www.itu.int.

13 Condition – Automatic Identification System (AIS)

A person must not operate a maritime ship station for Automatic Identification System (AIS) purposes otherwise than: (a) on one of the following frequencies: (i) 161.975 MHz (channel AIS 1); (ii) 162.025 MHz (channel AIS 2); and (b) at a transmitter output power not exceeding 12.5 W pY. (2) A person must not operate a maritime ship station for AIS satellite communication (ship-satellite) purposes otherwise than: (a) on one of the following frequencies: (i) 156.775 MHz (channel 75); (ii) 156.825 MHz (channel 76); (b) at a transmitter output power not exceeding 12.5 W pY.

Note: Channels 75 and 76 may also be used for the purpose of navigation-related communications in accordance with Appendix 18 of the Radio Regulations. The Radio Regulations are available, free of charge, from the International Telecommunication Union’s website at www.itu.int.

14 Condition – VDES communications

(1) A person must not operate a maritime ship station for VHF Data Exchange System (VDES) purposes otherwise than: (a) subject to subsection (2) – on a frequency mentioned in column 1 of a table item in Schedule 1; and (b) at a transmitter output power not exceeding the power mentioned in column 2 of that table item; and (c) for any purpose mentioned in column 3 of the table item; and (d) in accordance with any limitations specified in column 4 of the table item. (2) A person may operate a maritime ship station using more than one frequency specified in column 1 of a table item in Schedule 1 if: (a) the channels for those frequencies have a contiguous bandwidth of: (i) 50 kHz; or (ii) 100 kHz; or (iii) 150 kHz; and (b) the use of those frequencies is consistent with Appendix 18 of the Radio Regulations.

Note: The Radio Regulations are available, free of charge, from the International Telecommunication Union’s website at www.itu.int.

15 Condition – ASM

A person must not operate a maritime ship station for Application Specific Messages (ASM) purposes otherwise than: (a) on one of the following frequencies: (i) 161.95 MHz (channel ASM 1); (ii) 162 MHz (channel ASM 2); and (b) at a transmitter output power not exceeding 25 W pY.

16 Condition – listening watch

If: (a) a person authorised to operate a maritime ship station is at sea; and (b) the person is on a ship in a class mentioned in column 1 of a table item in Schedule 9; the person must maintain a listening watch: (c) of the kind mentioned in column 2 of the table item; and (d) that complies with any requirement mentioned in column 3 of the table item.

Note 1: Radio watch requirements for ship stations Class B may also be found in the provisions of the National Standard for Commercial Vessels, or marine orders made by AMSA. The National Standard for Commercial Vessels is available, free of charge, from AMSA’s website at www.amsa.gov.au. Marine orders are legislative instruments and are available, free of charge, from the Federal Register of Legislation at www.legislation.gov.au.

Note 2: A particular ship may fall within 2 or more classes mentioned in column 1 of the table. If so, it must maintain each listening watch mentioned in the corresponding entries in column 2, and comply with the requirements mentioned in the corresponding entries in column 3.

17 Conditions – responding to distress communications, urgency communications or safety communications, and record-keeping

(1) If: (a) a person operates a maritime ship station; and (b) the station receives a distress communication, an urgency communication or a safety communication from another station (the transmitting station); and (c) the station does not immediately receive an acknowledgment of the communication from a radiocommunications transmitter other than the transmitting station; the person must ensure that: (d) an acknowledgment of the communication is sent to the person operating the transmitting station; and (e) the communication, or the content of the communication, is forwarded to: (i) if the communication names a Search and Rescue Authority or station – that authority or station; or (ii) otherwise – an appropriate Search and Rescue Authority or station to receive the communication; by the quickest and most effective means available. Creating a record of a communication (2) If subsection (1) applies in relation to a person operating a maritime ship station, the licensee of the maritime ship licence that authorises operation of the maritime ship station must, as soon as practicable after the communication was received, create a record of the following: (a) the date and time the communication was received; (b) the identity of the transmitting station, or the operator of the transmitting station (if known); (c) the frequency on which the communication was received; (d) the content of the communication; (e) the steps taken by the person to comply with subsection (1). Keeping a record of a communication (3) The licensee of a maritime ship licence must keep a record created in accordance with subsection (2) for a period of 2 years, commencing when the record was created. Compliance with subsections (2) and (3) (4) A licensee is taken to comply with a condition in subsection (2) or (3) if: (a) the licensee has authorised a person to operate a maritime ship station under section 114 of the Act; and (b) the person does an act; and (c) if the licensee had done the act, the licensee would have complied with the condition.

Part 3 Conditions – maritime ship licences (ship station Class B non assigned)

18 Application and interpretation of Part 3

(1) Subject to subsection (2), every maritime ship licence (ship station Class B non assigned) is subject to the conditions in this Part. (2) If: (a) a condition is specified in a maritime ship licence (ship station Class B non assigned) under paragraph 107(1)(g) of the Act, or imposed on the licence under paragraph 111(1)(a) of the Act; and (b) that condition is inconsistent with a condition specified in this Part; then, to the extent of any inconsistency, the condition mentioned in paragraph (a) prevails.

19 Condition – commercial operations

A person must not operate a ship station Class B non assigned for radiotelephony for commercial operations otherwise than: (a) on a frequency mentioned in column 1 of a table item in Schedule 2; and (b) at a transmitter output power not exceeding the power mentioned in column 2 of that table item; and (c) to communicate with a station mentioned in column 3 of the table item; and (d) for any purpose mentioned in column 4 of the table item; and (e) in accordance with any limitations specified in column 5 of the table item.

20 Conditions – distress communications, urgency communications, safety communications, or calling, on medium and high frequencies, and on very high and ultra high frequencies

(1) A person must not operate a ship station Class B non assigned on a medium frequency or high frequency for distress communications, urgency communications or safety communications, or for calling, otherwise than: (a) on a frequency mentioned in column 1 of a table item in Table 1 of Schedule 3; and (b) at a transmitter output power not exceeding the power mentioned in paragraph (a) of column 2 of that table item; and (c) to communicate with a station mentioned in column 3 of the table item; and (d) using a method mentioned in column 4 of the table item; and (e) for any purpose mentioned in column 5 of the table item; and (f) in accordance with any limitations specified in column 6 of the table item.

Note: The transmitter output power mentioned in paragraph (b) of column 2 of a table item in Table 1 of Schedule 3 relates to a ship station Class C non assigned.

(2) If a limitation specified in column 6 of a table item says this subsection applies, a person must not operate a ship station Class B non assigned on a frequency mentioned in column 1 of that table item for calling. (3) A person must not operate a ship station Class B non assigned on a very high frequency or ultra high frequency for distress communications, urgency communications or safety communications, or for calling, otherwise than: (a) on a frequency mentioned in column 1 of a table item in Table 2 of Schedule 3; and (b) at a transmitter output power not exceeding the power mentioned in column 2 of that table item; and (c) to communicate with a station mentioned in column 3 of the table item; and (d) using a method mentioned in column 4 of the table item; and (e) for any purpose mentioned in column 5 of the table item; and (f) in accordance with any limitations specified in column 6 of the table item.

21 Condition – non-commercial operations

A person must not operate a ship station Class B non assigned for radiotelephony for non-commercial operations otherwise than: (a) on a frequency mentioned in column 1 of a table item in Schedule 4; and (b) at a transmitter output power not exceeding the power mentioned in column 2 of that table item; and (c) to communicate with a station mentioned in column 3 of the table item; and (d) for any purpose mentioned in column 4 of the table item; and (e) in accordance with any limitations specified in column 5 of the table item.

22 Condition – on-board communications

A person must not operate a ship station Class B non assigned to communicate with persons on board or near the ship on which the station is located, otherwise than: (a) on one of the following frequencies: (i) 457.525 MHz; (ii) 457.55 MHz; (iii) 457.575 MHz; (iv) 467.525 MHz; (v) 467.55 MHz; (vi) 467.575 MHz; and (b) at a transmitter output power not exceeding 2 W pY; and (c) for the purposes of calling and working.

23 Condition – port operations

A person must not operate a ship station Class B non assigned for radiotelephony for port operations otherwise than: (a) on a frequency mentioned in column 1 of a table item in Schedule 5; and (b) at a transmitter output power not exceeding the power mentioned in column 2 of that table item; and (c) to communicate with a station mentioned in column 3 of the table item; and (d) for any purpose mentioned in column 4 of the table item.

24 Condition – professional fishing operations

A person must not operate a ship station Class B non assigned for radiotelephony for professional fishing operations otherwise than: (a) on a frequency mentioned in column 1 of a table item in Schedule 6; and (b) at a transmitter output power not exceeding the power mentioned in paragraph (a) of column 2 of that table item; and (c) to communicate with a station mentioned in column 3 of the table item; and (d) for any purpose mentioned in column 4 of the table item.

Note: The transmitter output power mentioned in paragraph (b) of column 2 of a table item in Schedule 6 relates to a ship station Class C non assigned.

25 Condition – public correspondence by radiotelephony

A person must not operate a ship station Class B non assigned for radiotelephony to transmit public correspondence otherwise than: (a) on a frequency mentioned in column 1 of a table item in Schedule 7; and (b) at a transmitter output power not exceeding the power mentioned in paragraph (a) of column 2 of that table item; and (c) to communicate with a station mentioned in column 3 of the table item; (d) in accordance with any limitations specified in column 4 of the table item.

Note: The transmitter output power mentioned in paragraph (b) of column 2 of a table item in Schedule 7 relates to a ship station Class C non assigned.

26 Condition – public correspondence by narrow-band direct-printing telegraphy or TOR

A person must not operate a ship station Class B non assigned for narrow-band direct-printing telegraphy or TOR to transmit public correspondence with a major coast A station, otherwise than: (a) on a frequency mentioned in column 1 of a table item in Schedule 8; and (b) at a transmitter output power not exceeding 400 W pX.

27 Condition – radiodetermination

A person must not operate a ship station Class B non assigned for radiodetermination purposes otherwise than: (a) on a frequency in one of the following frequency bands: (i) 2.9 GHz to 3.1 GHz; (ii) 9.2 GHz to 9.5 GHz; and (b) at a transmitter output power not exceeding 60 kW pX; and (c) for the purpose of radionavigation.

Part 4 Conditions – maritime ship licences (ship station Class C non assigned)

28 Application and interpretation of Part 4

(1) Subject to subsection (2), every maritime ship licence (ship station Class C non assigned) is subject to the conditions in this Part. (2) If: (a) a condition is specified in a maritime ship licence (ship station Class C non assigned) under paragraph 107(1)(g) of the Act, or imposed on the licence under paragraph 111(1)(a) of the Act; and (b) that condition is inconsistent with a condition specified in this Part; then, to the extent of any inconsistency, the condition mentioned in paragraph (a) prevails.

29 Condition – permitted communications

A person must not operate a ship station Class C non assigned otherwise than: (a) for the following activities or operations: (i) Automatic Identification System (AIS); (ii) Application Specific Messages (ASM); (iii) distress communications, urgency communications, safety communications or calling; (iv) on-board communications; (v) port operations; (vi) professional fishing operations; (vii) public correspondence; (viii) radiodetermination communications; (ix) VHF Data Exchange System (VDES) purposes; and (b) except for the activities or operations mentioned in subparagraphs (a)(i), (a)(ii) and (a)(ix) – in accordance with the conditions in this Part about that activity or operation.

Note: Conditions in Part 2 may apply to the activities or operations mentioned in subparagraphs (a)(i), (a)(ii) and (a)(ix).

30 Conditions – distress communications, urgency communications, safety communications, or calling, on medium and high frequencies, and on very high and ultra high frequencies

(1) A person must not operate a ship station Class C non assigned on a medium frequency or high frequency for distress communications, urgency communications or safety communications, or calling, otherwise than: (a) on a frequency mentioned in column 1 of a table item in Table 1 of Schedule 3; and (b) at a transmitter output power not exceeding the power mentioned in paragraph (b) of column 2 of that table item; and (c) to communicate with a station mentioned in column 3 of the table item; and (d) using a method mentioned in column 4 of the table item; and (e) for any purpose mentioned in column 5 of the table item; and (f) in accordance with any limitations specified in column 6 of the table item.

Note: The transmitter output power mentioned in paragraph (a) of column 2 of a table item in Table 1 of Schedule 3 relates to a ship station Class B non assigned.

(2) If a limitation specified in column 6 of a table item says this subsection applies, a person must not operate a ship station Class C non assigned on a frequency mentioned in column 1 of that table item for calling. (3) A person must not operate a ship station Class C non assigned on a very high frequency or ultra high frequency for distress communications, urgency communications or safety communications, or calling, otherwise than: (a) on a frequency mentioned in column 1 of a table item in Table 2 of Schedule 3; and (b) at a transmitter output power not exceeding the power mentioned in column 2 of that table item; and (c) to communicate with a station mentioned in column 3 of the table item; and (d) using a method mentioned in column 4 of the table item; and (e) for any purpose mentioned in column 5 of the table item; and (f) in accordance with any limitations specified in column 6 of the table item.

31 Condition – on-board communications

A person must not operate a ship station Class C non assigned to communicate with persons on board or near the ship on which the station is located, otherwise than: (a) on one of the following frequencies: (i) 457.525 MHz; (ii) 457.55 MHz; (iii) 457.575 MHz; (iv) 467.525 MHz; (v) 467.55 MHz; (vi) 467.575 MHz; and (b) at a transmitter output power not exceeding 2 W pY; and (c) for the purposes of calling and working.

32 Condition – port operations

A person must not operate a ship station Class C non assigned for radiotelephony for port operations otherwise than: (a) on a frequency mentioned in column 1 of a table item in Schedule 5; and (b) at a transmitter output power not exceeding the power mentioned in column 2 of that table item; and (c) to communicate with a station mentioned in column 3 of the table item; and (d) for any purpose mentioned in column 4 of the table item.

33 Condition – professional fishing operations

A person must not operate a ship station Class C non assigned for radiotelephony for professional fishing operations otherwise than: (a) on a frequency mentioned in column 1 of a table item in Schedule 6; and (b) at a transmitter output power not exceeding the power mentioned in paragraph (b) of column 2 of that table item; and (c) to communicate with a station mentioned in column 3 of the table item; and (d) for any purpose mentioned in column 4 of the table item.

Note: The transmitter output power mentioned in paragraph (a) of column 2 of a table item in Schedule 6 relates to a ship station Class B non assigned.

34 Condition – public correspondence by radiotelephony

A person must not operate a ship station Class C non assigned for radiotelephony to transmit public correspondence otherwise than: (a) on a frequency mentioned in column 1 of a table item in Schedule 7; and (b) at a transmitter output power not exceeding the power mentioned in paragraph (b) of column 2 of that table item; and (c) to communicate with a station mentioned in column 3 of the table item; (d) in accordance with any limitations specified in column 4 of the table item.

Note: The transmitter output power mentioned in paragraph (a) of column 2 of a table item in Schedule 7 relates to a ship station Class B non assigned.

35 Condition – public correspondence by radiotelephony for narrow-band direct-printing or TOR

A person must not operate a ship station Class C non assigned to transmit public correspondence for radiotelephony to communicate with a major coast A station for the purpose of narrow-band direct-printing or TOR, otherwise than: (a) on a frequency mentioned in column 1 of a table item in Schedule 8; and (b) at a transmitter output power not exceeding 400 W pX.

36 Condition – radiodetermination

A person must not operate a ship station Class C non assigned for radiodetermination purposes otherwise than: (a) on a frequency in one of the following frequency bands: (i) 2.9 GHz to 3.1 GHz; (ii) 9.2 GHz to 9.5 GHz; and (b) at a transmitter output power not exceeding 60 kW pX; and (c) for the purpose of radionavigation.

1 Name

This is the Radiocommunications Licence Conditions (Maritime Ship Licence) Determination 2025.

2 Commencement

This instrument commences at the start of the day after the day it is registered on the Federal Register of Legislation.

Note: The Federal Register of Legislation is available, free of charge, at www.legislation.gov.au.

3 Authority

This instrument is made under subsection 110A(2) of the Act.

4 Repeal

The Radiocommunications Licence Conditions (Maritime Ship Licence) Determination 2015 (F2015L00288) is repealed.

5 Interpretation

(1) In this instrument, unless the contrary intention appears:

AIS satellite communication (ship-satellite) means communication using Automatic Identification System (AIS) technology from a ship to a satellite.

AMRD (short for autonomous maritime radio device) means a station in the maritime mobile service which is mobile, operates at sea and transmits independently of a maritime ship station or a maritime coast station, which may also be temporarily moored.

Note 1: The definition of AMRD is taken from the International Telecommunication Union’s Radiocommunications Sector’s Recommendation ITU-R M.2135-1. Recommendation ITU-R M.2135-1 is available, free of charge, from the International Telecommunication Union’s website at www.itu.int.

Note 2: Recommendation ITU-R M.2135-1 divides AMRD into AMRD Group A and AMRD Group B. AMRD Group A is defined in that Recommendation to be AMRD that enhance the safety of navigation. The operation of man overboard (Class M) devices that are within AMRD Group A may be authorised by the Radiocommunications (Emergency Locating Devices) Class Licence 2016, or another class licence that replaces that instrument. The Radiocommunications (Emergency Locating Devices) Class Licence 2016 is a legislative instrument and is available, free of charge, from the Federal Register of Legislation at www.legislation.gov.au.

AMRD Group B means an AMRD that does not enhance the safety of navigation (an AMRD which delivers signals or information which do not concern the safety of navigation of the vessel or do not complement vessel traffic safety in waterways).

Note: The definition of AMRD is taken from the International Telecommunication Union’s Radiocommunications Sector’s Recommendation ITU-R M.2135-1. Recommendation ITU-R M.2135-1 is available, free of charge, from the International Telecommunication Union’s website at www.itu.int.

AMSA means the Australian Maritime Safety Authority.

Australian territorial sea means the sea within the limits of the territorial sea declared under subsection 7(1) of the Seas and Submerged Lands Act 1973.

calling means operating a station to contact another station.

commercial operations: see subsection (2).

distress alert relay means a DSC transmission of a distress communication on behalf of another station.

Note: The definition of distress alert relay is based on Section I, Article 32, Chapter VII of the Radio Regulations. The Radio Regulations are available, free of charge, from the website of the International Telecommunication Union at www.itu.int.

distress communication means a communication of a situation in which a person or mobile unit is threatened by grave and imminent danger and requires immediate assistance.

Note: The definition of distress communication is based on Section II, Article 32, Chapter VII of the Radio Regulations. The Radio Regulations are available, free of charge, from the website of the International Telecommunication Union at www.itu.int.

DSC (short for digital selective calling) means a digital system of communication used for the following purposes:

(a) transmitting distress communications from ships;
(b) transmitting acknowledgments of distress communications, from maritime coast stations;
(c) relaying distress communications;
(d) transmitting alerts before the broadcast of urgency and safety messages.

Note 1: For DSC, see the International Telecommunication Union’s Radiocommunications Sector’s Recommendation ITU-R M.493-16, Digital selective-calling system for use in the maritime mobile service, which is available, free of charge, from the International Telecommunication Union’s website at www.itu.int.

Note 2: The transmission of a distress communication indicates that a ship is threatened by grave and imminent danger, and is requesting immediate assistance. A distress communication is a digital selective call, using a distress call format, that provides the identification of the station in distress and its position.

fish:

(a) includes all species of bony fish, sharks, rays, crustaceans, molluscs and other marine organisms; but
(b) does not include marine mammals or marine reptiles.

GMDSS certificate means a GMDSS radio operator certificate, issued by AMSA under section 31 of the Navigation Act 2012.

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.

inshore boating radio service means a maritime mobile service comprising of limited coast stations and maritime ship stations operating in the Australian territorial sea or in inland waterways.

inshore boating radio service organisation means an organisation formed for the purpose of using inshore boating radio services, whether or not it was also formed for other purposes.

Note: Example: A surf lifesaving club may be an inshore boating radio service organisation, if the club was formed for the purposes of surf lifesaving and of using inshore boating radio services to assist in surf lifesaving.

limited coast station means:

(a) a limited coast assigned system station; or
(b) a limited coast maritime rescue station; or
(c) a limited coast non assigned station.

listening watch means the use of a station that is, or incorporates, a radiocommunications receiver, to monitor a frequency specified in column 2 of the table in Schedule 9.

maritime ship licence (ship station Class B non assigned) means a maritime ship licence that authorises the operation of a ship station Class B non assigned.

Note: If the ACMA issues a maritime ship licence that authorises a ship station Class B assigned, the licence is not a maritime ship licence (ship station Class B non assigned).

maritime ship licence (ship station Class C non assigned) means a maritime ship licence that authorises the operation of a ship station Class C non assigned.

Note: If the ACMA issues a maritime ship licence that authorises a ship station Class C assigned, the licence is not a maritime ship licence (ship station Class C non assigned).

mobile unit means a ship, an aircraft, or another kind of vehicle.

narrow-band direct-printing telegraphy, in relation to a maritime ship station, means a form of radiocommunication:

(a) in which the transmitted information is intended to be recorded on arrival as a graphic document, or in a similar form; and
(b) which is transmitted in accordance with Article 56 of the Radio Regulations.

Note: The Radio Regulations are available, free of charge, from the International Telecommunication Union’s website at www.itu.int.

non-commercial operations: see subsection (3).

port operations means activities relating to the operational handling, movement and navigation of ships in or near a port.

professional fishing operations means the operations of a ship that is used, or is intended to be used, wholly or principally for the taking, catching or capturing of fish for trading or manufacturing purposes.

radiotelephony means radiocommunication primarily in the form of speech.

recognised mobile-satellite service means a mobile-satellite service that is:

(a) recognised by the International Maritime Organization for use in the GMDSS; and
(b) operated in accordance with the Radio Regulations.

Note: The International Maritime Organization recognises mobile-satellite services for use in the GMDSS under the International Convention for the Safety of Life at Sea.

rescue organisation means an organisation whose sole or principal purpose involves securing the safety of persons during an emergency.

safety communication means a communication relating to the safety of navigation or the provision of an important meteorological warning.

Note: The definition of safety communication is based on Section IV, Article 33, Chapter VII of the Radio Regulations. The Radio Regulations are available, free of charge, from the website of the International Telecommunication Union at www.itu.int.

SAR means search and rescue.

Search and Rescue Authority has the meaning given by the National Search and Rescue Manual published by AMSA on behalf of the Australian National Search and Rescue Council.

Note: The National Search and Rescue Manual is available, free of charge, from AMSA’s website at www.amsa.gov.au.

TOR (short for telex-on-radio) means radiocommunication primarily in the form of text.

urgency communication means a communication that urgent attention to the safety of a mobile unit or person is required.

Note: The definition of urgent communication is based on Section II, Article 33, Chapter VII of the Radio Regulations. The Radio Regulations are available, free of charge, from the website of the International Telecommunication Union at www.itu.int.

watchkeeping receiver means a station that:

(a) is, or incorporates, a radiocommunications receiver; and
(b) automatically monitors a frequency, or that scans and monitors several frequencies, specified in column 2 of table items 1, 2 or 3 of the table in Schedule 9, for distress communications.

working means operating a maritime ship station to exchange messages with another station.

Note 1: A number of other expressions used in this instrument are defined in the Act, including the following:

(a) ACMA;
(b) aircraft;
(c) certificate of proficiency;
(d) equipment rules;
(e) import;
(f) interference;
(g) operate;
(h) qualified operator;
(i) radiocommunication;
(j) radiocommunications device;
(k) radiocommunications receiver;
(l) radiocommunications transmitter;
(m) transmitter licence;
(n) vessel.

Note 2: 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:

(a) 27 MHz maritime frequencies;
(b) Act;
(c) aircraft station;
(d) AM;
(e) Application Specific Messages (ASM);
(f) Automatic Identification System (AIS);
(g) communication;
(h) earth station;
(i) GMDSS;
(j) high frequency;
(k) limited coast assigned system;
(l) limited coast maritime rescue station;
(m) limited coast non assigned station;
(n) major coast A station;
(o) major coast receive station;
(p) maritime coast station;
(q) maritime frequencies;
(r) maritime mobile service;
(s) maritime ship licence;
(t) maritime ship station;
(u) medium frequency;
(v) message;
(w) MF;
(x) mobile-satellite service;
(y) public correspondence;
(z) pX;
(aa) pY;
(ab) pZ;
(ac) Radio Regulations;
(ad) radiodetermination;
(ae) radionavigation;
(af) ship;
(ag) ship station Class B;
(ah) ship station Class B assigned;
(ai) ship station Class B non assigned;
(aj) ship station Class C assigned;
(ak) ship station Class C non assigned;
(al) SSB;
(am) station;
(an) ultra high frequency;
(ao) very high frequency;
(ap) VHF;
(aq) VHF Data Exchange System (VDES).

(2) In this instrument, commercial operations does not include: (a) port operations; or (b) professional fishing operations. (3) In this instrument, non-commercial operations does not include: (a) commercial operations; or (b) port operations; or (c) professional fishing operations. (4) In this instrument, unless the contrary intention appears, a reference to a station is taken to be a reference to each radiocommunications transmitter that forms part of the station.

Note: A station is an installation or thing that is, or includes, one or more radiocommunications transmitters, one or more radiocommunications receivers, or both one or more radiocommunications transmitters and one or more radiocommunications receivers. This instrument imposes licence conditions on maritime ship licences, which are a type of transmitter licence, so this instrument is primarily concerned with transmitter licences and the radiocommunications transmitters whose operation is authorised by those licences. However, the operation of some conditions in relation to some maritime ship licences may depend on specified radiocommunications receivers.

(5) In this instrument, unless the contrary intention appears, expressions that are defined in the Radio Regulations have the meaning given by the Radio Regulations.

Note: Expressions used in this instrument that are defined in the Radio Regulations include the following:

(a) coast earth station;
(b) coast station;
(c) ship earth station;
(d) ship station.

(6) In this instrument, unless the contrary intention appears, a reference to a part of the spectrum or frequency band includes all frequencies that are greater than but not including the lower frequency, up to and including the higher frequency.

Note: This means the lower number in the reference to the part of the spectrum or frequency band is not included in the part or band.

(7) Unless the contrary intention appears, no condition imposed by this instrument limits any other condition imposed by this instrument.

6 References to other instruments

In this instrument, unless the contrary intention appears: (a) a reference to any other legislative instrument is a reference to that other legislative instrument as in force from time to time; and (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.

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.

Note 2: All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.

Note 3: See section 314A of the Act.

Part 1 Preliminary

1 Name

This is the Radiocommunications Licence Conditions (Maritime Ship Licence) Determination 2025.

2 Commencement

This instrument commences at the start of the day after the day it is registered on the Federal Register of Legislation.

Note: The Federal Register of Legislation is available, free of charge, at www.legislation.gov.au.

3 Authority

This instrument is made under subsection 110A(2) of the Act.

4 Repeal

The Radiocommunications Licence Conditions (Maritime Ship Licence) Determination 2015 (F2015L00288) is repealed.

5 Interpretation

(1) In this instrument, unless the contrary intention appears:

AIS satellite communication (ship-satellite) means communication using Automatic Identification System (AIS) technology from a ship to a satellite.

AMRD (short for autonomous maritime radio device) means a station in the maritime mobile service which is mobile, operates at sea and transmits independently of a maritime ship station or a maritime coast station, which may also be temporarily moored.

Note 1: The definition of AMRD is taken from the International Telecommunication Union’s Radiocommunications Sector’s Recommendation ITU-R M.2135-1. Recommendation ITU-R M.2135-1 is available, free of charge, from the International Telecommunication Union’s website at www.itu.int.

Note 2: Recommendation ITU-R M.2135-1 divides AMRD into AMRD Group A and AMRD Group B. AMRD Group A is defined in that Recommendation to be AMRD that enhance the safety of navigation. The operation of man overboard (Class M) devices that are within AMRD Group A may be authorised by the Radiocommunications (Emergency Locating Devices) Class Licence 2016, or another class licence that replaces that instrument. The Radiocommunications (Emergency Locating Devices) Class Licence 2016 is a legislative instrument and is available, free of charge, from the Federal Register of Legislation at www.legislation.gov.au.

AMRD Group B means an AMRD that does not enhance the safety of navigation (an AMRD which delivers signals or information which do not concern the safety of navigation of the vessel or do not complement vessel traffic safety in waterways).

Note: The definition of AMRD is taken from the International Telecommunication Union’s Radiocommunications Sector’s Recommendation ITU-R M.2135-1. Recommendation ITU-R M.2135-1 is available, free of charge, from the International Telecommunication Union’s website at www.itu.int.

AMSA means the Australian Maritime Safety Authority.

Australian territorial sea means the sea within the limits of the territorial sea declared under subsection 7(1) of the Seas and Submerged Lands Act 1973.

calling means operating a station to contact another station.

commercial operations: see subsection (2).

distress alert relay means a DSC transmission of a distress communication on behalf of another station.

Note: The definition of distress alert relay is based on Section I, Article 32, Chapter VII of the Radio Regulations. The Radio Regulations are available, free of charge, from the website of the International Telecommunication Union at www.itu.int.

distress communication means a communication of a situation in which a person or mobile unit is threatened by grave and imminent danger and requires immediate assistance.

Note: The definition of distress communication is based on Section II, Article 32, Chapter VII of the Radio Regulations. The Radio Regulations are available, free of charge, from the website of the International Telecommunication Union at www.itu.int.

DSC (short for digital selective calling) means a digital system of communication used for the following purposes:

(a) transmitting distress communications from ships;
(b) transmitting acknowledgments of distress communications, from maritime coast stations;
(c) relaying distress communications;
(d) transmitting alerts before the broadcast of urgency and safety messages.

Note 1: For DSC, see the International Telecommunication Union’s Radiocommunications Sector’s Recommendation ITU-R M.493-16, Digital selective-calling system for use in the maritime mobile service, which is available, free of charge, from the International Telecommunication Union’s website at www.itu.int.

Note 2: The transmission of a distress communication indicates that a ship is threatened by grave and imminent danger, and is requesting immediate assistance. A distress communication is a digital selective call, using a distress call format, that provides the identification of the station in distress and its position.

fish:

(a) includes all species of bony fish, sharks, rays, crustaceans, molluscs and other marine organisms; but
(b) does not include marine mammals or marine reptiles.

GMDSS certificate means a GMDSS radio operator certificate, issued by AMSA under section 31 of the Navigation Act 2012.

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.

inshore boating radio service means a maritime mobile service comprising of limited coast stations and maritime ship stations operating in the Australian territorial sea or in inland waterways.

inshore boating radio service organisation means an organisation formed for the purpose of using inshore boating radio services, whether or not it was also formed for other purposes.

Note: Example: A surf lifesaving club may be an inshore boating radio service organisation, if the club was formed for the purposes of surf lifesaving and of using inshore boating radio services to assist in surf lifesaving.

limited coast station means:

(a) a limited coast assigned system station; or
(b) a limited coast maritime rescue station; or
(c) a limited coast non assigned station.

listening watch means the use of a station that is, or incorporates, a radiocommunications receiver, to monitor a frequency specified in column 2 of the table in Schedule 9.

maritime ship licence (ship station Class B non assigned) means a maritime ship licence that authorises the operation of a ship station Class B non assigned.

Note: If the ACMA issues a maritime ship licence that authorises a ship station Class B assigned, the licence is not a maritime ship licence (ship station Class B non assigned).

maritime ship licence (ship station Class C non assigned) means a maritime ship licence that authorises the operation of a ship station Class C non assigned.

Note: If the ACMA issues a maritime ship licence that authorises a ship station Class C assigned, the licence is not a maritime ship licence (ship station Class C non assigned).

mobile unit means a ship, an aircraft, or another kind of vehicle.

narrow-band direct-printing telegraphy, in relation to a maritime ship station, means a form of radiocommunication:

(a) in which the transmitted information is intended to be recorded on arrival as a graphic document, or in a similar form; and
(b) which is transmitted in accordance with Article 56 of the Radio Regulations.

Note: The Radio Regulations are available, free of charge, from the International Telecommunication Union’s website at www.itu.int.

non-commercial operations: see subsection (3).

port operations means activities relating to the operational handling, movement and navigation of ships in or near a port.

professional fishing operations means the operations of a ship that is used, or is intended to be used, wholly or principally for the taking, catching or capturing of fish for trading or manufacturing purposes.

radiotelephony means radiocommunication primarily in the form of speech.

recognised mobile-satellite service means a mobile-satellite service that is:

(a) recognised by the International Maritime Organization for use in the GMDSS; and
(b) operated in accordance with the Radio Regulations.

Note: The International Maritime Organization recognises mobile-satellite services for use in the GMDSS under the International Convention for the Safety of Life at Sea.

rescue organisation means an organisation whose sole or principal purpose involves securing the safety of persons during an emergency.

safety communication means a communication relating to the safety of navigation or the provision of an important meteorological warning.

Note: The definition of safety communication is based on Section IV, Article 33, Chapter VII of the Radio Regulations. The Radio Regulations are available, free of charge, from the website of the International Telecommunication Union at www.itu.int.

SAR means search and rescue.

Search and Rescue Authority has the meaning given by the National Search and Rescue Manual published by AMSA on behalf of the Australian National Search and Rescue Council.

Note: The National Search and Rescue Manual is available, free of charge, from AMSA’s website at www.amsa.gov.au.

TOR (short for telex-on-radio) means radiocommunication primarily in the form of text.

urgency communication means a communication that urgent attention to the safety of a mobile unit or person is required.

Note: The definition of urgent communication is based on Section II, Article 33, Chapter VII of the Radio Regulations. The Radio Regulations are available, free of charge, from the website of the International Telecommunication Union at www.itu.int.

watchkeeping receiver means a station that:

(a) is, or incorporates, a radiocommunications receiver; and
(b) automatically monitors a frequency, or that scans and monitors several frequencies, specified in column 2 of table items 1, 2 or 3 of the table in Schedule 9, for distress communications.

working means operating a maritime ship station to exchange messages with another station.

Note 1: A number of other expressions used in this instrument are defined in the Act, including the following:

(a) ACMA;
(b) aircraft;
(c) certificate of proficiency;
(d) equipment rules;
(e) import;
(f) interference;
(g) operate;
(h) qualified operator;
(i) radiocommunication;
(j) radiocommunications device;
(k) radiocommunications receiver;
(l) radiocommunications transmitter;
(m) transmitter licence;
(n) vessel.

Note 2: 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:

(a) 27 MHz maritime frequencies;
(b) Act;
(c) aircraft station;
(d) AM;
(e) Application Specific Messages (ASM);
(f) Automatic Identification System (AIS);
(g) communication;
(h) earth station;
(i) GMDSS;
(j) high frequency;
(k) limited coast assigned system;
(l) limited coast maritime rescue station;
(m) limited coast non assigned station;
(n) major coast A station;
(o) major coast receive station;
(p) maritime coast station;
(q) maritime frequencies;
(r) maritime mobile service;
(s) maritime ship licence;
(t) maritime ship station;
(u) medium frequency;
(v) message;
(w) MF;
(x) mobile-satellite service;
(y) public correspondence;
(z) pX;
(aa) pY;
(ab) pZ;
(ac) Radio Regulations;
(ad) radiodetermination;
(ae) radionavigation;
(af) ship;
(ag) ship station Class B;
(ah) ship station Class B assigned;
(ai) ship station Class B non assigned;
(aj) ship station Class C assigned;
(ak) ship station Class C non assigned;
(al) SSB;
(am) station;
(an) ultra high frequency;
(ao) very high frequency;
(ap) VHF;
(aq) VHF Data Exchange System (VDES).

(2) In this instrument, commercial operations does not include: (a) port operations; or (b) professional fishing operations. (3) In this instrument, non-commercial operations does not include: (a) commercial operations; or (b) port operations; or (c) professional fishing operations. (4) In this instrument, unless the contrary intention appears, a reference to a station is taken to be a reference to each radiocommunications transmitter that forms part of the station.

Note: A station is an installation or thing that is, or includes, one or more radiocommunications transmitters, one or more radiocommunications receivers, or both one or more radiocommunications transmitters and one or more radiocommunications receivers. This instrument imposes licence conditions on maritime ship licences, which are a type of transmitter licence, so this instrument is primarily concerned with transmitter licences and the radiocommunications transmitters whose operation is authorised by those licences. However, the operation of some conditions in relation to some maritime ship licences may depend on specified radiocommunications receivers.

(5) In this instrument, unless the contrary intention appears, expressions that are defined in the Radio Regulations have the meaning given by the Radio Regulations.

Note: Expressions used in this instrument that are defined in the Radio Regulations include the following:

(a) coast earth station;
(b) coast station;
(c) ship earth station;
(d) ship station.

(6) In this instrument, unless the contrary intention appears, a reference to a part of the spectrum or frequency band includes all frequencies that are greater than but not including the lower frequency, up to and including the higher frequency.

Note: This means the lower number in the reference to the part of the spectrum or frequency band is not included in the part or band.

(7) Unless the contrary intention appears, no condition imposed by this instrument limits any other condition imposed by this instrument.

6 References to other instruments

In this instrument, unless the contrary intention appears: (a) a reference to any other legislative instrument is a reference to that other legislative instrument as in force from time to time; and (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.

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.

Note 2: All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.

Note 3: See section 314A of the Act.

Part 2 Conditions – maritime ship licences

7 Application and interpretation of Part 2

(1) Subject to subsection (2), every maritime ship licence is subject to the conditions in this Part. (2) If: (a) a condition is specified in a maritime ship licence under paragraph 107(1)(g) of the Act, or imposed on the licence under paragraph 111(1)(a) of the Act; and (b) that condition is inconsistent with a condition specified in this Part; then, to the extent of any inconsistency, the condition mentioned in paragraph (a) prevails.

8 Condition – compliance with particular documents

(1) Subject to subsection (3), a person must not operate a radiocommunications device that is part of a maritime ship station if: (a) one or more of the documents specified in subsection (2), as existing on the device compliance day for the station, was expressed to apply to the station; and (b) the station does not comply with the document, as existing on the device compliance day for the station.

Note 1: Under Part 4.1 of the Act, a person may be prohibited from operating a maritime ship station, including a station not covered by subsection (1), if the station does not comply with requirements set out in equipment rules made under section 156 of the Act.

Note 2: A maritime ship licence does not authorise operation of a radiocommunications receiver that is part of a maritime ship station. Such a radiocommunications receiver is not specified for the purposes of paragraph 7(1)(b) of the Act, and so its operation does not require a licence under the Act (see section 46 of the Act). However, operation of a radiocommunications receiver in contravention of this condition may be a contravention of section 113 of the Act, or may result in suspension or cancellation of the maritime ship licence.

(2) For the purposes of paragraph (1)(b), the following documents are specified: (a) IEC 61993-2, Maritime navigation and radiocommunication equipment and systems – Automatic identification systems – Part 2: Class A shipborne equipment of the automatic identification system (AIS) – Operation and performance requirements, methods of test and required test results, published by the International Electrotechnical Commission; (b) IEC 62287.1, Maritime navigation and radiocommunication equipment and systems – Class B shipborne equipment of the automatic identification system (AIS) Part 1: Carrier-sense time division multiple access (CSTDMA) techniques, published by the International Electrotechnical Commission; (c) IEC 62287.2, Maritime navigation and radiocommunication equipment and systems – Class B shipborne equipment of the automatic identification system (AIS) – Part 2: self-organising time division multiple access (SOTDMA) techniques, published by the International Electrotechnical Commission.

Note: Each of IEC 61993-2, IEC 62287.1 and IEC 62287.2 is available, for a fee, from the International Electrotechnical Commission’s website at www.iec.ch. Each of IEC 61993-2, IEC 62287.1 and IEC 62287.2 is also available to be viewed, on prior request, at an ACMA office, subject to licensing conditions.

(3) In subsection (1), device compliance day, for a maritime ship station, means: (a) if the station was manufactured in Australia and paragraph (c) does not apply – the day it was manufactured; or (b) if the station was imported and paragraph (c) does not apply – the day it was imported; or (c) if the station was manufactured in Australia or imported, and altered or modified in a material respect in Australia after it was manufactured or imported – the day it was so altered or modified.

9 Condition – water use only

A person must not operate a maritime ship station on land.

10 Condition – qualifications

(1) Subject to subsection (5), a person must not operate a maritime ship station unless the person: (a) except where paragraph (b) or (c) applies – holds a qualification specified in subsection (2), or operates the station under the supervision of such a person; (b) if the station is operated on a medium frequency or high frequency – holds a certificate of proficiency specified in subsection (3), or operates the station under the supervision of such a person; (c) if the station is operated on a very high frequency or an ultra high frequency – holds a certificate of proficiency specified in subsection (3) or subsection (4), or operates the station under the supervision of such a person. (2) For the purposes of paragraph (1)(a), the following qualifications are specified: (a) GMDSS certificate; (b) a qualification recognised by AMSA as equivalent to a GMDSS certificate, in accordance with Division 4 of Marine Order 70 (Seafarer certification) 2014.

Note 1: For paragraph (a), GMDSS certificates are issued in accordance with 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.

Note 2: For paragraph (b), Marine Order 70 (Seafarer certification) 2014 is available, free of charge, from the Federal Register of Legislation at www.legislation.gov.au.

(3) For the purposes of paragraphs (1)(b) and (c), the following certificates of proficiency are specified: (a) Restricted Radiotelephone Operator Certificate of Proficiency; (b) Marine Radio Operator Certificate of Proficiency; (c) Long Range Operator Certificate of Proficiency. (4) For the purposes of paragraph (1)(c), the following certificates of proficiency are specified: (a) Marine Radio Operator VHF Certificate of Proficiency; (b) Short Range Operator Certificate of Proficiency.

Note: For subsections (3) and (4), certificates of proficiency are issued under section 121 of the Act. Some of the certificates of proficiency mentioned in the subsections may no longer be issued. More information about certificates of proficiency is available, free of charge, from the ACMA’s website at www.acma.gov.au.

(5) Subsection (1) does not apply in relation to the operation of a maritime ship station on a 27 MHz maritime frequency. (6) In this section, a person operates a station under the supervision of another person only if the other person is at the location of the station when the station is operated.

11 Conditions – beyond the Australian territorial sea

(1) A person must not operate a maritime ship station beyond the Australian territorial sea otherwise than in accordance with: (a) the Radio Regulations; and (b) if the station is in the territorial sea of another country – any requirement of the country that applies to radiocommunications. (2) A person must not operate a maritime ship station: (a) beyond the Australian territorial sea; and (b) on a maritime frequency authorised by the International Telecommunication Union and published in the Manual for Use by the Maritime Mobile and Maritime Mobile-Satellite Services; otherwise than to communicate with one of the following: (c) a coast station operated in another country; (d) a coast earth station operated in another country; (e) a ship earth station; (f) a ship station.

Note: The Manual for Use by the Maritime Mobile and Maritime Mobile-Satellite Services is available, free of charge, from the International Telecommunication Union’s website at www.itu.int.

12 Condition – identification of station

(1) Subject to subsection (2), a person must not operate a maritime ship station unless, at the start of each transmission, or of each series of transmissions, the person transmits: (a) the call sign for the station; (b) another form of identification that clearly identifies the station.

Note: A maritime ship licence will specify a call sign for the maritime ship station authorised to be operated under the licence.

(2) If a maritime ship station uses DSC or Automatic Identification System (AIS), the person must use a maritime mobile service identity issued by AMSA as the form of identification.

Note 1: Licensees may apply for a maritime mobile service identity from AMSA. Information about maritime mobile services identities is available, free of charge, from AMSA’s website at www.amsa.gov.au.

Note 2: The availability of maritime mobile service identities is set out in the Radio Regulations. In performing its functions in relation to a maritime mobile service identity, AMSA will generally have regard to the Radio Regulations. The Radio Regulations are available, free of charge, from the website of the International Telecommunication Union at www.itu.int.

13 Condition – Automatic Identification System (AIS)

A person must not operate a maritime ship station for Automatic Identification System (AIS) purposes otherwise than: (a) on one of the following frequencies: (i) 161.975 MHz (channel AIS 1); (ii) 162.025 MHz (channel AIS 2); and (b) at a transmitter output power not exceeding 12.5 W pY. (2) A person must not operate a maritime ship station for AIS satellite communication (ship-satellite) purposes otherwise than: (a) on one of the following frequencies: (i) 156.775 MHz (channel 75); (ii) 156.825 MHz (channel 76); (b) at a transmitter output power not exceeding 12.5 W pY.

Note: Channels 75 and 76 may also be used for the purpose of navigation-related communications in accordance with Appendix 18 of the Radio Regulations. The Radio Regulations are available, free of charge, from the International Telecommunication Union’s website at www.itu.int.

14 Condition – VDES communications

(1) A person must not operate a maritime ship station for VHF Data Exchange System (VDES) purposes otherwise than: (a) subject to subsection (2) – on a frequency mentioned in column 1 of a table item in Schedule 1; and (b) at a transmitter output power not exceeding the power mentioned in column 2 of that table item; and (c) for any purpose mentioned in column 3 of the table item; and (d) in accordance with any limitations specified in column 4 of the table item. (2) A person may operate a maritime ship station using more than one frequency specified in column 1 of a table item in Schedule 1 if: (a) the channels for those frequencies have a contiguous bandwidth of: (i) 50 kHz; or (ii) 100 kHz; or (iii) 150 kHz; and (b) the use of those frequencies is consistent with Appendix 18 of the Radio Regulations.

Note: The Radio Regulations are available, free of charge, from the International Telecommunication Union’s website at www.itu.int.

15 Condition – ASM

A person must not operate a maritime ship station for Application Specific Messages (ASM) purposes otherwise than: (a) on one of the following frequencies: (i) 161.95 MHz (channel ASM 1); (ii) 162 MHz (channel ASM 2); and (b) at a transmitter output power not exceeding 25 W pY.

16 Condition – listening watch

If: (a) a person authorised to operate a maritime ship station is at sea; and (b) the person is on a ship in a class mentioned in column 1 of a table item in Schedule 9; the person must maintain a listening watch: (c) of the kind mentioned in column 2 of the table item; and (d) that complies with any requirement mentioned in column 3 of the table item.

Note 1: Radio watch requirements for ship stations Class B may also be found in the provisions of the National Standard for Commercial Vessels, or marine orders made by AMSA. The National Standard for Commercial Vessels is available, free of charge, from AMSA’s website at www.amsa.gov.au. Marine orders are legislative instruments and are available, free of charge, from the Federal Register of Legislation at www.legislation.gov.au.

Note 2: A particular ship may fall within 2 or more classes mentioned in column 1 of the table. If so, it must maintain each listening watch mentioned in the corresponding entries in column 2, and comply with the requirements mentioned in the corresponding entries in column 3.

17 Conditions – responding to distress communications, urgency communications or safety communications, and record-keeping

(1) If: (a) a person operates a maritime ship station; and (b) the station receives a distress communication, an urgency communication or a safety communication from another station (the transmitting station); and (c) the station does not immediately receive an acknowledgment of the communication from a radiocommunications transmitter other than the transmitting station; the person must ensure that: (d) an acknowledgment of the communication is sent to the person operating the transmitting station; and (e) the communication, or the content of the communication, is forwarded to: (i) if the communication names a Search and Rescue Authority or station – that authority or station; or (ii) otherwise – an appropriate Search and Rescue Authority or station to receive the communication; by the quickest and most effective means available. Creating a record of a communication (2) If subsection (1) applies in relation to a person operating a maritime ship station, the licensee of the maritime ship licence that authorises operation of the maritime ship station must, as soon as practicable after the communication was received, create a record of the following: (a) the date and time the communication was received; (b) the identity of the transmitting station, or the operator of the transmitting station (if known); (c) the frequency on which the communication was received; (d) the content of the communication; (e) the steps taken by the person to comply with subsection (1). Keeping a record of a communication (3) The licensee of a maritime ship licence must keep a record created in accordance with subsection (2) for a period of 2 years, commencing when the record was created. Compliance with subsections (2) and (3) (4) A licensee is taken to comply with a condition in subsection (2) or (3) if: (a) the licensee has authorised a person to operate a maritime ship station under section 114 of the Act; and (b) the person does an act; and (c) if the licensee had done the act, the licensee would have complied with the condition.

Part 3 Conditions – maritime ship licences (ship station Class B non assigned)

18 Application and interpretation of Part 3

(1) Subject to subsection (2), every maritime ship licence (ship station Class B non assigned) is subject to the conditions in this Part. (2) If: (a) a condition is specified in a maritime ship licence (ship station Class B non assigned) under paragraph 107(1)(g) of the Act, or imposed on the licence under paragraph 111(1)(a) of the Act; and (b) that condition is inconsistent with a condition specified in this Part; then, to the extent of any inconsistency, the condition mentioned in paragraph (a) prevails.

19 Condition – commercial operations

A person must not operate a ship station Class B non assigned for radiotelephony for commercial operations otherwise than: (a) on a frequency mentioned in column 1 of a table item in Schedule 2; and (b) at a transmitter output power not exceeding the power mentioned in column 2 of that table item; and (c) to communicate with a station mentioned in column 3 of the table item; and (d) for any purpose mentioned in column 4 of the table item; and (e) in accordance with any limitations specified in column 5 of the table item.

20 Conditions – distress communications, urgency communications, safety communications, or calling, on medium and high frequencies, and on very high and ultra high frequencies

(1) A person must not operate a ship station Class B non assigned on a medium frequency or high frequency for distress communications, urgency communications or safety communications, or for calling, otherwise than: (a) on a frequency mentioned in column 1 of a table item in Table 1 of Schedule 3; and (b) at a transmitter output power not exceeding the power mentioned in paragraph (a) of column 2 of that table item; and (c) to communicate with a station mentioned in column 3 of the table item; and (d) using a method mentioned in column 4 of the table item; and (e) for any purpose mentioned in column 5 of the table item; and (f) in accordance with any limitations specified in column 6 of the table item.

Note: The transmitter output power mentioned in paragraph (b) of column 2 of a table item in Table 1 of Schedule 3 relates to a ship station Class C non assigned.

(2) If a limitation specified in column 6 of a table item says this subsection applies, a person must not operate a ship station Class B non assigned on a frequency mentioned in column 1 of that table item for calling. (3) A person must not operate a ship station Class B non assigned on a very high frequency or ultra high frequency for distress communications, urgency communications or safety communications, or for calling, otherwise than: (a) on a frequency mentioned in column 1 of a table item in Table 2 of Schedule 3; and (b) at a transmitter output power not exceeding the power mentioned in column 2 of that table item; and (c) to communicate with a station mentioned in column 3 of the table item; and (d) using a method mentioned in column 4 of the table item; and (e) for any purpose mentioned in column 5 of the table item; and (f) in accordance with any limitations specified in column 6 of the table item.

21 Condition – non-commercial operations

A person must not operate a ship station Class B non assigned for radiotelephony for non-commercial operations otherwise than: (a) on a frequency mentioned in column 1 of a table item in Schedule 4; and (b) at a transmitter output power not exceeding the power mentioned in column 2 of that table item; and (c) to communicate with a station mentioned in column 3 of the table item; and (d) for any purpose mentioned in column 4 of the table item; and (e) in accordance with any limitations specified in column 5 of the table item.

22 Condition – on-board communications

A person must not operate a ship station Class B non assigned to communicate with persons on board or near the ship on which the station is located, otherwise than: (a) on one of the following frequencies: (i) 457.525 MHz; (ii) 457.55 MHz; (iii) 457.575 MHz; (iv) 467.525 MHz; (v) 467.55 MHz; (vi) 467.575 MHz; and (b) at a transmitter output power not exceeding 2 W pY; and (c) for the purposes of calling and working.

23 Condition – port operations

A person must not operate a ship station Class B non assigned for radiotelephony for port operations otherwise than: (a) on a frequency mentioned in column 1 of a table item in Schedule 5; and (b) at a transmitter output power not exceeding the power mentioned in column 2 of that table item; and (c) to communicate with a station mentioned in column 3 of the table item; and (d) for any purpose mentioned in column 4 of the table item.

24 Condition – professional fishing operations

A person must not operate a ship station Class B non assigned for radiotelephony for professional fishing operations otherwise than: (a) on a frequency mentioned in column 1 of a table item in Schedule 6; and (b) at a transmitter output power not exceeding the power mentioned in paragraph (a) of column 2 of that table item; and (c) to communicate with a station mentioned in column 3 of the table item; and (d) for any purpose mentioned in column 4 of the table item.

Note: The transmitter output power mentioned in paragraph (b) of column 2 of a table item in Schedule 6 relates to a ship station Class C non assigned.

25 Condition – public correspondence by radiotelephony

A person must not operate a ship station Class B non assigned for radiotelephony to transmit public correspondence otherwise than: (a) on a frequency mentioned in column 1 of a table item in Schedule 7; and (b) at a transmitter output power not exceeding the power mentioned in paragraph (a) of column 2 of that table item; and (c) to communicate with a station mentioned in column 3 of the table item; (d) in accordance with any limitations specified in column 4 of the table item.

Note: The transmitter output power mentioned in paragraph (b) of column 2 of a table item in Schedule 7 relates to a ship station Class C non assigned.

26 Condition – public correspondence by narrow-band direct-printing telegraphy or TOR

A person must not operate a ship station Class B non assigned for narrow-band direct-printing telegraphy or TOR to transmit public correspondence with a major coast A station, otherwise than: (a) on a frequency mentioned in column 1 of a table item in Schedule 8; and (b) at a transmitter output power not exceeding 400 W pX.

27 Condition – radiodetermination

A person must not operate a ship station Class B non assigned for radiodetermination purposes otherwise than: (a) on a frequency in one of the following frequency bands: (i) 2.9 GHz to 3.1 GHz; (ii) 9.2 GHz to 9.5 GHz; and (b) at a transmitter output power not exceeding 60 kW pX; and (c) for the purpose of radionavigation.

Part 4 Conditions – maritime ship licences (ship station Class C non assigned)

28 Application and interpretation of Part 4

(1) Subject to subsection (2), every maritime ship licence (ship station Class C non assigned) is subject to the conditions in this Part. (2) If: (a) a condition is specified in a maritime ship licence (ship station Class C non assigned) under paragraph 107(1)(g) of the Act, or imposed on the licence under paragraph 111(1)(a) of the Act; and (b) that condition is inconsistent with a condition specified in this Part; then, to the extent of any inconsistency, the condition mentioned in paragraph (a) prevails.

29 Condition – permitted communications

A person must not operate a ship station Class C non assigned otherwise than: (a) for the following activities or operations: (i) Automatic Identification System (AIS); (ii) Application Specific Messages (ASM); (iii) distress communications, urgency communications, safety communications or calling; (iv) on-board communications; (v) port operations; (vi) professional fishing operations; (vii) public correspondence; (viii) radiodetermination communications; (ix) VHF Data Exchange System (VDES) purposes; and (b) except for the activities or operations mentioned in subparagraphs (a)(i), (a)(ii) and (a)(ix) – in accordance with the conditions in this Part about that activity or operation.

Note: Conditions in Part 2 may apply to the activities or operations mentioned in subparagraphs (a)(i), (a)(ii) and (a)(ix).

30 Conditions – distress communications, urgency communications, safety communications, or calling, on medium and high frequencies, and on very high and ultra high frequencies

(1) A person must not operate a ship station Class C non assigned on a medium frequency or high frequency for distress communications, urgency communications or safety communications, or calling, otherwise than: (a) on a frequency mentioned in column 1 of a table item in Table 1 of Schedule 3; and (b) at a transmitter output power not exceeding the power mentioned in paragraph (b) of column 2 of that table item; and (c) to communicate with a station mentioned in column 3 of the table item; and (d) using a method mentioned in column 4 of the table item; and (e) for any purpose mentioned in column 5 of the table item; and (f) in accordance with any limitations specified in column 6 of the table item.

Note: The transmitter output power mentioned in paragraph (a) of column 2 of a table item in Table 1 of Schedule 3 relates to a ship station Class B non assigned.

(2) If a limitation specified in column 6 of a table item says this subsection applies, a person must not operate a ship station Class C non assigned on a frequency mentioned in column 1 of that table item for calling. (3) A person must not operate a ship station Class C non assigned on a very high frequency or ultra high frequency for distress communications, urgency communications or safety communications, or calling, otherwise than: (a) on a frequency mentioned in column 1 of a table item in Table 2 of Schedule 3; and (b) at a transmitter output power not exceeding the power mentioned in column 2 of that table item; and (c) to communicate with a station mentioned in column 3 of the table item; and (d) using a method mentioned in column 4 of the table item; and (e) for any purpose mentioned in column 5 of the table item; and (f) in accordance with any limitations specified in column 6 of the table item.

31 Condition – on-board communications

A person must not operate a ship station Class C non assigned to communicate with persons on board or near the ship on which the station is located, otherwise than: (a) on one of the following frequencies: (i) 457.525 MHz; (ii) 457.55 MHz; (iii) 457.575 MHz; (iv) 467.525 MHz; (v) 467.55 MHz; (vi) 467.575 MHz; and (b) at a transmitter output power not exceeding 2 W pY; and (c) for the purposes of calling and working.

32 Condition – port operations

A person must not operate a ship station Class C non assigned for radiotelephony for port operations otherwise than: (a) on a frequency mentioned in column 1 of a table item in Schedule 5; and (b) at a transmitter output power not exceeding the power mentioned in column 2 of that table item; and (c) to communicate with a station mentioned in column 3 of the table item; and (d) for any purpose mentioned in column 4 of the table item.

33 Condition – professional fishing operations

A person must not operate a ship station Class C non assigned for radiotelephony for professional fishing operations otherwise than: (a) on a frequency mentioned in column 1 of a table item in Schedule 6; and (b) at a transmitter output power not exceeding the power mentioned in paragraph (b) of column 2 of that table item; and (c) to communicate with a station mentioned in column 3 of the table item; and (d) for any purpose mentioned in column 4 of the table item.

Note: The transmitter output power mentioned in paragraph (a) of column 2 of a table item in Schedule 6 relates to a ship station Class B non assigned.

34 Condition – public correspondence by radiotelephony

A person must not operate a ship station Class C non assigned for radiotelephony to transmit public correspondence otherwise than: (a) on a frequency mentioned in column 1 of a table item in Schedule 7; and (b) at a transmitter output power not exceeding the power mentioned in paragraph (b) of column 2 of that table item; and (c) to communicate with a station mentioned in column 3 of the table item; (d) in accordance with any limitations specified in column 4 of the table item.

Note: The transmitter output power mentioned in paragraph (a) of column 2 of a table item in Schedule 7 relates to a ship station Class B non assigned.

35 Condition – public correspondence by radiotelephony for narrow-band direct-printing or TOR

A person must not operate a ship station Class C non assigned to transmit public correspondence for radiotelephony to communicate with a major coast A station for the purpose of narrow-band direct-printing or TOR, otherwise than: (a) on a frequency mentioned in column 1 of a table item in Schedule 8; and (b) at a transmitter output power not exceeding 400 W pX.

36 Condition – radiodetermination

A person must not operate a ship station Class C non assigned for radiodetermination purposes otherwise than: (a) on a frequency in one of the following frequency bands: (i) 2.9 GHz to 3.1 GHz; (ii) 9.2 GHz to 9.5 GHz; and (b) at a transmitter output power not exceeding 60 kW pX; and (c) for the purpose of radionavigation.

7 Application and interpretation of Part 2

(1) Subject to subsection (2), every maritime ship licence is subject to the conditions in this Part. (2) If: (a) a condition is specified in a maritime ship licence under paragraph 107(1)(g) of the Act, or imposed on the licence under paragraph 111(1)(a) of the Act; and (b) that condition is inconsistent with a condition specified in this Part; then, to the extent of any inconsistency, the condition mentioned in paragraph (a) prevails.

8 Condition – compliance with particular documents

(1) Subject to subsection (3), a person must not operate a radiocommunications device that is part of a maritime ship station if: (a) one or more of the documents specified in subsection (2), as existing on the device compliance day for the station, was expressed to apply to the station; and (b) the station does not comply with the document, as existing on the device compliance day for the station.

Note 1: Under Part 4.1 of the Act, a person may be prohibited from operating a maritime ship station, including a station not covered by subsection (1), if the station does not comply with requirements set out in equipment rules made under section 156 of the Act.

Note 2: A maritime ship licence does not authorise operation of a radiocommunications receiver that is part of a maritime ship station. Such a radiocommunications receiver is not specified for the purposes of paragraph 7(1)(b) of the Act, and so its operation does not require a licence under the Act (see section 46 of the Act). However, operation of a radiocommunications receiver in contravention of this condition may be a contravention of section 113 of the Act, or may result in suspension or cancellation of the maritime ship licence.

(2) For the purposes of paragraph (1)(b), the following documents are specified: (a) IEC 61993-2, Maritime navigation and radiocommunication equipment and systems – Automatic identification systems – Part 2: Class A shipborne equipment of the automatic identification system (AIS) – Operation and performance requirements, methods of test and required test results, published by the International Electrotechnical Commission; (b) IEC 62287.1, Maritime navigation and radiocommunication equipment and systems – Class B shipborne equipment of the automatic identification system (AIS) Part 1: Carrier-sense time division multiple access (CSTDMA) techniques, published by the International Electrotechnical Commission; (c) IEC 62287.2, Maritime navigation and radiocommunication equipment and systems – Class B shipborne equipment of the automatic identification system (AIS) – Part 2: self-organising time division multiple access (SOTDMA) techniques, published by the International Electrotechnical Commission.

Note: Each of IEC 61993-2, IEC 62287.1 and IEC 62287.2 is available, for a fee, from the International Electrotechnical Commission’s website at www.iec.ch. Each of IEC 61993-2, IEC 62287.1 and IEC 62287.2 is also available to be viewed, on prior request, at an ACMA office, subject to licensing conditions.

(3) In subsection (1), device compliance day, for a maritime ship station, means: (a) if the station was manufactured in Australia and paragraph (c) does not apply – the day it was manufactured; or (b) if the station was imported and paragraph (c) does not apply – the day it was imported; or (c) if the station was manufactured in Australia or imported, and altered or modified in a material respect in Australia after it was manufactured or imported – the day it was so altered or modified.

9 Condition – water use only

A person must not operate a maritime ship station on land.

10 Condition – qualifications

(1) Subject to subsection (5), a person must not operate a maritime ship station unless the person: (a) except where paragraph (b) or (c) applies – holds a qualification specified in subsection (2), or operates the station under the supervision of such a person; (b) if the station is operated on a medium frequency or high frequency – holds a certificate of proficiency specified in subsection (3), or operates the station under the supervision of such a person; (c) if the station is operated on a very high frequency or an ultra high frequency – holds a certificate of proficiency specified in subsection (3) or subsection (4), or operates the station under the supervision of such a person. (2) For the purposes of paragraph (1)(a), the following qualifications are specified: (a) GMDSS certificate; (b) a qualification recognised by AMSA as equivalent to a GMDSS certificate, in accordance with Division 4 of Marine Order 70 (Seafarer certification) 2014.

Note 1: For paragraph (a), GMDSS certificates are issued in accordance with 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.

Note 2: For paragraph (b), Marine Order 70 (Seafarer certification) 2014 is available, free of charge, from the Federal Register of Legislation at www.legislation.gov.au.

(3) For the purposes of paragraphs (1)(b) and (c), the following certificates of proficiency are specified: (a) Restricted Radiotelephone Operator Certificate of Proficiency; (b) Marine Radio Operator Certificate of Proficiency; (c) Long Range Operator Certificate of Proficiency. (4) For the purposes of paragraph (1)(c), the following certificates of proficiency are specified: (a) Marine Radio Operator VHF Certificate of Proficiency; (b) Short Range Operator Certificate of Proficiency.

Note: For subsections (3) and (4), certificates of proficiency are issued under section 121 of the Act. Some of the certificates of proficiency mentioned in the subsections may no longer be issued. More information about certificates of proficiency is available, free of charge, from the ACMA’s website at www.acma.gov.au.

(5) Subsection (1) does not apply in relation to the operation of a maritime ship station on a 27 MHz maritime frequency. (6) In this section, a person operates a station under the supervision of another person only if the other person is at the location of the station when the station is operated.

11 Conditions – beyond the Australian territorial sea

(1) A person must not operate a maritime ship station beyond the Australian territorial sea otherwise than in accordance with: (a) the Radio Regulations; and (b) if the station is in the territorial sea of another country – any requirement of the country that applies to radiocommunications. (2) A person must not operate a maritime ship station: (a) beyond the Australian territorial sea; and (b) on a maritime frequency authorised by the International Telecommunication Union and published in the Manual for Use by the Maritime Mobile and Maritime Mobile-Satellite Services; otherwise than to communicate with one of the following: (c) a coast station operated in another country; (d) a coast earth station operated in another country; (e) a ship earth station; (f) a ship station.

Note: The Manual for Use by the Maritime Mobile and Maritime Mobile-Satellite Services is available, free of charge, from the International Telecommunication Union’s website at www.itu.int.

12 Condition – identification of station

(1) Subject to subsection (2), a person must not operate a maritime ship station unless, at the start of each transmission, or of each series of transmissions, the person transmits: (a) the call sign for the station; (b) another form of identification that clearly identifies the station.

Note: A maritime ship licence will specify a call sign for the maritime ship station authorised to be operated under the licence.

(2) If a maritime ship station uses DSC or Automatic Identification System (AIS), the person must use a maritime mobile service identity issued by AMSA as the form of identification.

Note 1: Licensees may apply for a maritime mobile service identity from AMSA. Information about maritime mobile services identities is available, free of charge, from AMSA’s website at www.amsa.gov.au.

Note 2: The availability of maritime mobile service identities is set out in the Radio Regulations. In performing its functions in relation to a maritime mobile service identity, AMSA will generally have regard to the Radio Regulations. The Radio Regulations are available, free of charge, from the website of the International Telecommunication Union at www.itu.int.

13 Condition – Automatic Identification System (AIS)

A person must not operate a maritime ship station for Automatic Identification System (AIS) purposes otherwise than: (a) on one of the following frequencies: (i) 161.975 MHz (channel AIS 1); (ii) 162.025 MHz (channel AIS 2); and (b) at a transmitter output power not exceeding 12.5 W pY. (2) A person must not operate a maritime ship station for AIS satellite communication (ship-satellite) purposes otherwise than: (a) on one of the following frequencies: (i) 156.775 MHz (channel 75); (ii) 156.825 MHz (channel 76); (b) at a transmitter output power not exceeding 12.5 W pY.

Note: Channels 75 and 76 may also be used for the purpose of navigation-related communications in accordance with Appendix 18 of the Radio Regulations. The Radio Regulations are available, free of charge, from the International Telecommunication Union’s website at www.itu.int.

14 Condition – VDES communications

(1) A person must not operate a maritime ship station for VHF Data Exchange System (VDES) purposes otherwise than: (a) subject to subsection (2) – on a frequency mentioned in column 1 of a table item in Schedule 1; and (b) at a transmitter output power not exceeding the power mentioned in column 2 of that table item; and (c) for any purpose mentioned in column 3 of the table item; and (d) in accordance with any limitations specified in column 4 of the table item. (2) A person may operate a maritime ship station using more than one frequency specified in column 1 of a table item in Schedule 1 if: (a) the channels for those frequencies have a contiguous bandwidth of: (i) 50 kHz; or (ii) 100 kHz; or (iii) 150 kHz; and (b) the use of those frequencies is consistent with Appendix 18 of the Radio Regulations.

Note: The Radio Regulations are available, free of charge, from the International Telecommunication Union’s website at www.itu.int.

15 Condition – ASM

A person must not operate a maritime ship station for Application Specific Messages (ASM) purposes otherwise than: (a) on one of the following frequencies: (i) 161.95 MHz (channel ASM 1); (ii) 162 MHz (channel ASM 2); and (b) at a transmitter output power not exceeding 25 W pY.

16 Condition – listening watch

If: (a) a person authorised to operate a maritime ship station is at sea; and (b) the person is on a ship in a class mentioned in column 1 of a table item in Schedule 9; the person must maintain a listening watch: (c) of the kind mentioned in column 2 of the table item; and (d) that complies with any requirement mentioned in column 3 of the table item.

Note 1: Radio watch requirements for ship stations Class B may also be found in the provisions of the National Standard for Commercial Vessels, or marine orders made by AMSA. The National Standard for Commercial Vessels is available, free of charge, from AMSA’s website at www.amsa.gov.au. Marine orders are legislative instruments and are available, free of charge, from the Federal Register of Legislation at www.legislation.gov.au.

Note 2: A particular ship may fall within 2 or more classes mentioned in column 1 of the table. If so, it must maintain each listening watch mentioned in the corresponding entries in column 2, and comply with the requirements mentioned in the corresponding entries in column 3.

17 Conditions – responding to distress communications, urgency communications or safety communications, and record-keeping

(1) If: (a) a person operates a maritime ship station; and (b) the station receives a distress communication, an urgency communication or a safety communication from another station (the transmitting station); and (c) the station does not immediately receive an acknowledgment of the communication from a radiocommunications transmitter other than the transmitting station; the person must ensure that: (d) an acknowledgment of the communication is sent to the person operating the transmitting station; and (e) the communication, or the content of the communication, is forwarded to: (i) if the communication names a Search and Rescue Authority or station – that authority or station; or (ii) otherwise – an appropriate Search and Rescue Authority or station to receive the communication; by the quickest and most effective means available. Creating a record of a communication (2) If subsection (1) applies in relation to a person operating a maritime ship station, the licensee of the maritime ship licence that authorises operation of the maritime ship station must, as soon as practicable after the communication was received, create a record of the following: (a) the date and time the communication was received; (b) the identity of the transmitting station, or the operator of the transmitting station (if known); (c) the frequency on which the communication was received; (d) the content of the communication; (e) the steps taken by the person to comply with subsection (1). Keeping a record of a communication (3) The licensee of a maritime ship licence must keep a record created in accordance with subsection (2) for a period of 2 years, commencing when the record was created. Compliance with subsections (2) and (3) (4) A licensee is taken to comply with a condition in subsection (2) or (3) if: (a) the licensee has authorised a person to operate a maritime ship station under section 114 of the Act; and (b) the person does an act; and (c) if the licensee had done the act, the licensee would have complied with the condition.