Federal Register of Legislation - Australian Government

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Determinations/Communications as made
This Determination revokes and replaces the Radiocommunications Licence Conditions (Aircraft Licence) Determination No. 1 of 1997.
Administered by: Infrastructure, Transport, Regional Development and Communications
Registered 17 Nov 2011
Tabling HistoryDate
Tabled HR21-Nov-2011
Tabled Senate21-Nov-2011

The AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY makes this instrument under paragraph 107 (1) (f) of the Radiocommunications Act 1992.

Dated 10 November 2011

 

Chris Chapman
[signed]
Member

 

Richard Bean
[signed]
Member/General Manager

Australian Communications and Media Authority

 


1              Name of Determination

                This instrument is the Radiocommunications Licence Conditions (Aircraft Licence) Determination 2011 (No. 1).

2              Commencement

                This Determination commences on the day after it is registered.

Note         All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.

3              Revocation of Radiocommunications Licence Conditions (Aircraft Licence) Determination No. 1 of 1997

                The Radiocommunications Licence Conditions (Aircraft Licence) Determination No. 1 of 1997 is revoked.

4              Definitions

In this Determination:

Act means the Radiocommunications Act 1992.

aero club means a club formed by individuals to participate in activities relating to aircraft other than model aircraft.

licensee means the holder of an aircraft licence and includes any person authorised by the licensee to operate a station under the licence.

Note       For the definitions of other expressions used in this Determination, see the Act, the Radiocommunications (Interpretation) Determination 2000 and the Radiocommunications Regulations 1993.

5              Conditions of Aircraft Licences

For paragraph 107 (1) (f) of the Act, every aircraft licence is subject to the conditions in sections 6, 7 and 8 relating to the operation of any aircraft station under the licence by the licensee.

6              Communications between aircraft station and ground station

If the licensee is a member of an aero club, a flying school or a parachute club, the licensee must not operate an aircraft station to communicate with a ground station unless:

(a)    the ground station is owned and operated by:

                                                 (i)   an aero club;

                                               (ii)   a flying school; or

                                             (iii)   a parachute club; and

(b)   the communication occurs when the aircraft to which the aircraft station relates is engaged on a flight to or from the aerodrome at which the ground station is located.

7              Communications between aircraft station and aeronautical station

The licensee must not operate an aircraft station to communicate with an aeronautical station unless the communication relates to:

(a)    the safe and expeditious conduct of a flight;

(b)   an emergency; or

(c)    a matter that relates to the particular occupation or industry in which the aircraft to which the aircraft station relates is engaged.

 

8              Station identification

The licensee must operate an aircraft station using:

(a)    the call sign allocated to the station; or

(b)   another form of identification that clearly identifies the station.

Note       Other requirements, under legislation administered by Airservices Australia or the Civil Aviation Safety Authority, may apply to the licensee in relation to the operation of an aircraft station.