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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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