The ACMA

The ACMA

Remaking the Maritime Radio Class Licence

Issue for comment 10/2015—1 April 2015

The ACMA is consulting on a proposal to revoke and remake the Radiocommunications (Maritime Ship Station – 27 MHz and VHF) Class Licence 2001 (the Class Licence).

The Class Licence will sunset on 1 October 2015 unless it is revoked and remade before this date. The ACMA proposes to revoke and remake this class licence before 1 October 2015 so that its ongoing effect is preserved. The only significant change will be the inclusion of the new Australian Waters Qualification (MARC019). MARC019 is the new VHF marine radio qualification specifically for VHF marine radio users operating within Australian territorial waters. It was recently included in the Maritime Training Package administered by the Transport and Logistics Industry Skills Council.

The other proposed changes generally relate to updating standards and specifications, and to reflect changes made to the international maritime arrangements at recent ITU World Radio Conferences.

A draft of the proposed new instrument is available:

consultation paper provides background on the purpose of the Class Licence and the proposed amendments.

Submissions

Submission are invited from interested parties by COB, Friday 8 May 2015. Submissions should be made:

By email:              spectrumlicensingpolicy@acma.gov.au

By mail:                Manager, Spectrum Licensing Policy Section
                            Australian Communications and Media Authority
                            PO Box 13112 Law Courts 
                            Melbourne Vic 8010


Effective consultation

The ACMA is committed to ensuring the effectiveness of its stakeholder consultation processes, which are an important source of evidence for its regulatory development activities. To assist stakeholders in formulating submissions to its formal, written consultation processes, it has developed the following guide:Effective consultation: A guide to making a submission. This guide provides information about the ACMA’s formal, written, public consultation processes and practical guidance on how to make a submission.

Publication of submissions

In general, the ACMA publishes all submissions it receives, including any personal information in the submissions (such as names and contact details of submitters). The ACMA prefers to receive submissions which are not claimed to be confidential. However, the ACMA accepts that a submitter may sometimes wish to provide information in confidence. In these circumstances, submitters are asked to identify the material (including any personal information) over which confidentiality is claimed and provide a written explanation for the claim. The ACMA will consider each confidentiality claim on a case-by-case basis. If the ACMA accepts a claim, it will not publish the confidential information unless authorised or required by law to do so.

Release of submissions where authorised or required by law

Any submissions provided to the ACMA may be released under the Freedom of Information Act 1982 (unless an exemption applies) or shared with other Australian Government agencies and certain other parties under Part 7A of the Australian Communications and Media Authority Act 2005. The ACMA may also be required to release submissions for other reasons including for the purpose of parliamentary processes or where otherwise required by law (for example, under a court subpoena). While the ACMA seeks to consult submitters of confidential information before that information is provided to another party, the ACMA cannot guarantee that confidential information will not be released through these or other legal means.  

Privacy

The Privacy Act 1988 imposes obligations on the ACMA in relation to the collection, security, quality, access, use and disclosure of personal information. These obligations are detailed in the Australian Privacy Principles. The ACMA may only collect personal information if it is reasonably necessary for, or directly related to, one or more of its functions or activities.

The purposes for which personal information is being collected (such as the names and contact details of submitters) are to:

  • contribute to the transparency of the consultation process by clarifying, where appropriate, whose views are represented by a submission
  • enable the ACMA to contact submitters where follow-up is required or to notify them of related matters (except where submitters indicate they do not wish to be notified of such matters).

The ACMA will not use the personal information collected for any other purpose, unless the submitter has provided their consent or the ACMA is otherwise permitted to do so under the Privacy Act.

Submissions in response to this paper are voluntary. As mentioned above, the ACMA generally publishes all submissions it receives, including any personal information in the submissions. If a submitter has made a confidentiality claim over personal information which the ACMA has accepted, the submission will be published without that information. The ACMA will not release the personal information unless authorised or required by law to do so.

If a submitter wishes to make a submission anonymously or use a pseudonym, they are asked to contact the ACMA to see whether it is practicable to do so in light of the subject matter of the consultation. If it is practicable, the ACMA will notify the submitter of any procedures that need to be followed and whether there are any other consequences of making a submission in that way.

Further information on the Privacy Act and the ACMA’s privacy policy is available at www.acma.gov.au/privacypolicy. The privacy policy contains details about how an individual may access personal information about them that is held by the ACMA, and seek the correction of such information. It also explains how an individual may complain about a breach of the Privacy Act and how the ACMA will deal with such a complaint.

 

Last updated: 15 March 2016

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