8Condition — compliance with particular documents

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.