Issue for comment 33/2015—22 December 2015
The ACMA is consulting on a proposal to remake the Radiocommunications (Qualified Operators) Determination 2005 (the Qualified Operators Determination) and amend the Qualified Operators Determination and related instruments to clarify the assessment of overseas equivalence for qualifications and licences, for the purposes of determining whether an Australian certificate of proficiency is required.
Under Part 6 of the Legislative Instruments Act 2003, most legislative instruments ‘sunset’ (that is, they are automatically repealed) on the 1 April or 1 October that first occurs 10 years after they are registered on the Federal Register of Legislative Instruments. This is an automatic process applying to most legislative instruments regardless of their particular content.
The following legislative instrument made by the ACMA is due to sunset on 1 April 2016:
The ACMA has formed the preliminary view that the Qualified Operators Determination is operating effectively and efficiently and, as such, continues to form a necessary and useful part of the legislative framework. The ACMA proposes to remake the determination and incorporate changes to clarify the assessment of overseas qualifications and licences.
Amendments to clarify the assessment of overseas qualifications and licences
The ACMA is also taking this opportunity to consult on related changes to the Radiocommunications Licence Conditions (Amateur Licence) Determination 2015 and Radiocommunications (Interpretation) Determination 2015 to clarify the assessment of overseas qualifications and licences for the purposes of determining whether an Australian certificate of proficiency is required.
Drafts of the proposed instruments are available below, as well as the consultation paper that provides background on the purpose of the instruments and the proposed amendments.
Submissions are invited from interested parties by COB, Friday 29 January 2016. Submissions should be sent to the ACMA:
By email: SpectrumLicensingPolicy@acma.gov.au
Spectrum Licensing Policy Section
Australian Communications and Media Authority
PO Box 13112
Melbourne VIC 8010
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 various other Commonwealth 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.
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 that apply to organisations and Australian Government agencies.
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 through use of 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.