10Condition — qualifications

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.