Federal Register of Legislation - Australian Government

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Licences/Radiocommunications as amended, taking into account amendments up to Radiocommunications (Class Licence) Amendment Instrument 2021 (No. 1)
Administered by: Infrastructure, Transport, Regional Development, Communications and the Arts
Registered 13 Jul 2021
Start Date 17 Jun 2021

 

Radiocommunications (27 MHz Handphone Stations) Class Licence 2015

 

made under subsection 132(1) of the

Radiocommunications Act 1992

 

 

Compilation No. 1

Compilation date:                              17 June 2021

Includes amendments up to:            F2021L00734

 

 

 

 

 

 

 

 

 

Prepared by the Australian Communications and Media Authority, Melbourne

 

 


 

About this compilation

 

This compilation

This is a compilation of the Radiocommunications (27 MHz Handphone Stations) Class Licence 2015 that shows the text of the law as amended and in force on 17 June 2021 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law.  Any uncommenced amendments affecting the law are accessible on the Federal Register of Legislation (www.legislation.gov.au).  The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes.  For more information on any uncommenced amendments, see the series page on the Federal Register of Legislation for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law.  Accordingly, this compilation does not show the text of the compiled law as modified.  For more information on any modifications, see the series page on the Federal Register of Legislation for the compiled law.

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.


1              Name of Class Licence

                This Class Licence is the Radiocommunications (27 MHz Handphone Stations) Class Licence 2015.

3              Definitions

         (1)   In this Class Licence:

Act means the Radiocommunications Act 1992.

ARPANSA Standard means the Radiation Protection Standard for Limiting Exposure to Radiofrequency Fields – 100 kHz to 300 GHz (2021), or any standard published as a replacement of that standard, by the Australian Radiation Protection and Nuclear Safety Agency.

Note: The ARPANSA Standard is available from the Australian Radiation Protection and Nuclear Safety Agency website at www.arpansa.gov.au.

device compliance day, for a handphone station, means the most recent of the following days:

                (a)    if the handphone station was manufactured in Australia — the day the handphone station was manufactured;

               (b)    if the handphone station was manufactured overseas and imported — the day it was imported;

                (c)    if the handphone station was altered or modified in a material respect — the day it was altered or modified.

handphone station means a station that:

                (a)    is designed to be carried personally; and

               (b)    uses a carrier frequency specified in an item in Schedule 1.

                 industrial, scientific and medical (ISM) applications has the meaning given by the Australian Radiofrequency Spectrum Plan 2013.

Note   For definitions of other expressions used in this Class Licence, see the Act, and the Radiocommunications (Interpretation) Determination 2015.

3A            References to other instruments

                   In this Class Licence, unless the contrary intention appears:

(a)       a reference to any other legislative instrument is a reference to that other legislative instrument as in force from time to time; and

(b)       a reference to any other kind of instrument or writing is a reference to that other instrument or writing as in force or in existence from time to time.

Note 1:      For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.

Note 2:      All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.

Note 3:      See section 314A of the Act.

5              Class licence

                Subject to sections 6, 7 and 8 a person may operate a handphone station that transmits speech to, or audio tones to initiate communication with, another handphone station:

                (a)    on a carrier frequency specified in an item in Schedule 1; and

               (b)    subject to any restriction specified for that item in Schedule 1.

6              Conditions — general

                A person must not:

                (a)    when operating on a carrier frequency specified in item 2 of Schedule 1 — cause interference to a station to which the Radiocommunications (Citizen Band Radio Stations) Class Licence 2015 applies; or

               (b)    operate a handphone station that was manufactured on or after 2 March 1989 on a carrier frequency specified in item 2 of Schedule 1; or

                (c)    operate a handphone station unless it is equipped with an antenna that is an integral part of the handphone station; or

               (d)    connect or couple to the handphone station:

                          (i)    a separate antenna; or

                         (ii)    a combination of an external radiofrequency amplifier and antenna; or

                (e)    if a handphone station transmits in a form other than speech — transmit for more than 3 seconds in any period of 60 seconds; or

                (f)    make an alteration to a handphone station, or to accessory apparatus used in the operation of the handphone station, that is likely to cause interference to radiocommunications, except:

                          (i)    in accordance with a direction given under subparagraph 7 (2) (a) (i); or

                         (ii)    with the consent in writing of an inspector who is reasonably satisfied that the alteration has been made to test the operation of the handphone station; or

               (g)    operate a handphone station:

                          (i)    in a way that would be likely to cause a reasonable person, justifiably in all the circumstances, to be seriously alarmed or seriously affronted; or

                         (ii)    for the purpose of harassing a person; or

               (h)    fail to comply with a direction given under section 7.

7              Directions

         (1)   A person must comply with a direction that:

                (a)    relates to the operation of a handphone station by the person; and

               (b)    is given to the person by a person referred to in subsection (3); and

                (c)    is described in subsection (4).

         (2)   A person must comply with a direction that:

                (a)    relates to interference to radiocommunications that:

                          (i)    is likely to be caused by the alteration, installation or maintenance of a handphone station, or of accessory apparatus for use with a handphone station, by the person; or

                         (ii)    is, or is likely to be, caused by the operation of a handphone station by the person; and

               (b)    is given to the person in writing by an inspector.

         (3)   For paragraph (1) (b), a direction may be given by any of the following persons who is acting in the performance of their duties:

                (a)    a member of the Australian Federal Police;

               (b)    a member of the police force of a State or Territory;

                (c)    an officer of the Defence Force;

               (d)    an officer of the Australian Maritime Safety Authority who is employed in the Authority’s Rescue Coordination Centre;

                (e)    an officer mentioned in Schedule 2 to the Radiocommunications Regulations 1993.

         (4)   A direction given to a person under subsection (1) must be reasonably necessary to:

                (a)    secure the safety of an aircraft or a vessel that is in danger; or

               (b)    deal with an emergency that involves a serious threat to the environment; or

                (c)    deal with an emergency that involves the risk of death of, or injury to, a person; or

               (d)    deal with an emergency that involves the risk of substantial damage to, or substantial loss of, property.

8            Conditions – compliance with standards and equipment rules

(1)   A person must not operate a handphone station under this Class Licence unless the station complies with:

(a)   if the device compliance day for the station occurs before the commencement of Part 1 of Schedule 4 to the Radiocommunications Legislation Amendment (Reform and Modernisation) Act 2020 – any standard applicable to it, as in force on the device compliance day;

(b)   if the device compliance day for the station occurs on or after the day Part 1 of Schedule 4 to the Radiocommunications Legislation Amendment (Reform and Modernisation) Act 2020 commenced – any equipment rules applicable to it, as in force on the device compliance day.

(2)   A person must not operate a handphone station, or a group of handphone stations, under this Class Licence if the electromagnetic energy emitted by the station, or group of stations, exceeds the general public exposure limits specified in the ARPANSA Standard in a place accessible by the public.

(3)   In paragraph (1)(a), standard has the meaning given by section 5 of the Act, as in force immediately before the commencement of Part 1 of Schedule 4 to the Radiocommunications Legislation Amendment (Reform and Modernisation) Act 2020.

Note:         Part 1 of Schedule 4 to the Radiocommunications Legislation Amendment (Reform and Modernisation) Act 2020 replaces standards with equipment rules. See also item 42 of that Schedule.

 

 

 


Schedule 1            Handphone station operational requirements

(sections 3, 5 and 6)

 

 

Item

Carrier frequency (MHz)

Restriction

1

27.550

27.560

27.580

27.590

27.620

27.660

27.760

Operation of a handphone station must only employ:

   (a)  AM with a transmitter power not exceeding 4 watts pZ with a necessary bandwidth not exceeding 6 kHz; or

  (b)  SSB modulation using USB with a transmitter power not exceeding 12 watts pX with a necessary bandwidth not exceeding 3 kHz.

A handphone station operating on carrier frequency 27.580 MHz must only be used for bushfire fighting purposes.

2

27.230

27.240

27.250

27.260

27.270

27.280

Operation of a handphone station:

   (a)  must only employ AM with a transmitter power not exceeding 700 milliwatts pZ with a necessary bandwidth not exceeding 6 kHz; and

  (b)  may be subject to interference from:

         (i)   a station to which the Radiocommunications (Citizen Band Radio Stations) Class Licence 2015 applies; or

        (ii)   a transmitter operating in the frequency band designated for industrial, scientific and medical (ISM) applications.

 

 

 

 


Endnotes

Endnote 1 – About the endnotes

The endnotes provide information about this compilation and the compiled law.

Endnote 2 (Abbreviation key) sets out abbreviations that may be used in the endnotes.

Endnote 3 (Legislation history) provides information about each law that has amended (or will amend) the compiled law.  The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

Endnote 4 (Amendment history) provides information about the amendments at the provision (generally section or equivalent) level and includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law. 

It also includes information about any misdescribed amendment (that is, an amendment that does not accurately describe the amendment to be made).  If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.  If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2—Abbreviation key

ad = added or inserted

(md not incorp) = misdescribed amendment

am = amended

   cannot be given effect

amdt = amendment

mod = modified/modification

c = clause(s)

No. = Number(s)

Ch = Chapter(s)

par = paragraph(s)/subparagraph(s)

def = definition(s)

   /sub‑subparagraph(s)

Dict = Dictionary

Pt = Part(s)

disallowed = disallowed by Parliament

r = regulation(s)/rule(s)

Div = Division(s)

rep = repealed

exp = expires/expired or ceases/ceased to have effect

rs = repealed and substituted

F = Federal Register of Legislation

s = section(s)/subsection(s)

gaz = gazette

Sch = Schedule(s)

LA = Legislation Act 2003

Sdiv = Subdivision(s)

LIA = Legislative Instruments Act 2003

underlining = whole or part not

(md) = misdescribed amendment can be given effect

   commenced or to be commenced

 


Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Radiocommunications (27 MHz Handphone Stations) Class Licence 2015

15 September 2015
(see F2015L01441)

16 September 2015

 

Radiocommunications (Class Licence) Amendment Instrument 2021 (No.1)

11 June 2021
(see F2021L00734)

17 June 2021

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Endnote 4—Amendment history

 

Provision affected

How affected

s.2.............................................

rep. LA s.48D

s.3(1)........................................

am. F2021L00734

s.3(2)........................................

rep. F2021L00734

s.3A..........................................

ad. F2021L00734

s.4.............................................

rep. LA s.48C

s.8.............................................

rs. F2021L00734