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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 (Aircraft and Aeronautical Mobile Stations) Class Licence 2016

 

made under subsection 132(1)of the

Radiocommunications Act 1992

 

 

Compilation No. 3

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 (Aircraft and Aeronautical Mobile Stations) Class Licence 2016 that shows the text of the law as amended and in force on 17 June 2021.

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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.


Part 1                 Preliminary

1              Name of Class Licence

                This Class Licence is the Radiocommunications (Aircraft and Aeronautical Mobile Stations) Class Licence 2016.

4              Definitions

         (1)   In this Class Licence:

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

Aeronautical Information Publication means the publication, as in existence from time to time, referred to in regulation 4.12 of the Air Services Regulations 1995.

aeronautical licence (aeronautical assigned system station) has the meaning given by section 3 of the Radiocommunications Licence Conditions (Aeronautical Licence) Determination 2015.

aeronautical mobile station means a station that:

                (a)    is a mobile station, other than an aircraft station or an earth station, that operates:

                          (i)    on any of the frequencies mentioned in subsection 11 (2); and

                         (ii)    with a transmitter output power that:

                       (A)          if the mobile station is operated at a location, and on a frequency, that is the same as the location from which, and frequency on which, a second station is authorised to operate in accordance with an aeronautical licence other than an aeronautical licence (aeronautical assigned system station) – does not exceed 25 watts; or

                       (B)          in any other case – does not exceed 5 watts; or

               (b)    is a mobile station operated for a purpose mentioned in column 2 of Part 1.4 of Schedule 1, and on a frequency in the frequency band mentioned in column 3 of that item in relation to that purpose.

aircraft has the meaning given by section 3 of the Civil Aviation Act 1988.

aircraft station means a station that:

                (a)    is operated on board an aircraft for communication with:

                          (i)    another aircraft station, the operation of which is authorised by this Class Licence; or

                         (ii)    aeronautical stations, whether fixed or mobile; and

               (b)    operates on any of the frequencies mentioned in subsection 11 (1) or section 12;

and includes equipment of a kind that is in a survival craft of an aircraft.

Airservices Australia means the body established by subsection 7 (1) of the Air Services Act 1995.

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.

CASA means the Civil Aviation Safety Authority established by subsection 8 (1) of the Civil Aviation Act 1988.

charter purposes means the purposes prescribed in paragraph 206 (1) (b) of the Civil Aviation Regulations 1988.

civil aviation instrument means:

        (a)        the Civil Aviation Regulations 1988;

        (b)        the Civil Aviation Safety Regulations 1998;

        (c)        any other instrument made under the Civil Aviation Act 1988; or

(d)       any instrument made under the Civil Aviation Regulations 1988 or the Civil Aviation Safety Regulations 1998.

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

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

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

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

flight level has the meaning given by the Dictionary to the Civil Aviation Safety Regulations 1998.

ICAO means the International Civil Aviation Organization referred to in the Convention on International Civil Aviation, ratified in Chicago on 7 December 1944.

nationality mark has the meaning given by Part 45 of the Civil Aviation Safety Regulations 1998.

radionavigation means the use of radiocommunications (including radiodetermination) for the purpose of navigation or obstruction warning.

registration mark has the meaning given by Part 45 of the Civil Aviation Safety Regulations 1998.

sport aviation body has the meaning given in Part 1 of the Dictionary to the Civil Aviation Safety Regulations 1998.

Note 1   In accordance with paragraph 13(1)(b) of the Legislation Act 2003, other expressions in this Class Licence have the same meaning as in the Act, unless the contrary intention appears, including:

·         ACMA (see section 5)

·         Australia (see section 5)

·         device (see section 9)

·         frequency band (see section 5)

·         radiocommunications device (see section 7)

·         transmitter (see section 8)

The definition of aircraft differs from that in section 5 of the Act.

Note 2   In accordance with section 64 of the Australian Communications and Media Authority Act 2005, other expressions in this Class Licence have the same meaning as in the Radiocommunications (Interpretation) Determination 2015, unless the contrary intention appears, including:

·         Act (see section 4)

·         aeronautical licence (see Schedule 1)

·         aeronautical station (see Schedule 1)

·         Automatic Identification System (AIS) (see Schedule 1)

·         earth station (see Schedule 1)

·         mobile station (see Schedule 1)

·         radiodetermination (see Schedule 1)

·         Radio Regulations (see Schedule 1)

·         survival craft station (see Schedule 1)

The definition of aircraft station differs from that in the Radiocommunications (Interpretation) Determination 2015.

4A            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.

 

 


Part 2                 Class licence

5              Class Licence

         (1)   Subject to subsection (2), this Class Licence authorises a person to operate the following stations, subject to the conditions set out in Part 3 of this Class Licence:

                (a)    an aircraft station;

               (b)    an aeronautical mobile station.

Note   Other requirements, for example those imposed by Airservices Australia or CASA, may apply to the person in relation to the operation of an aircraft station or an aeronautical mobile station.

         (2)   This Class Licence does not apply to any radiocommunications device operating under an apparatus licence.


Part 3                 Conditions

 

6                 Compliance with specifications, equipment compliance requirements, standards and equipment rules

             (1)  A person must not operate an aircraft station or aeronautical mobile station under this Class Licence unless:

                     (a)  if the device compliance day for the station occurs before 18 August 2016 – each device included in the station complies with section 6 of the Radiocommunications (Aircraft and Aeronautical Mobile Stations) Class Licence 2006 as in force immediately prior to that date; or

                     (b)  if the device compliance day for the station occurs on or after 18 August 2016, but before the day that Part 1 of Schedule 4 to the Radiocommunications Legislation Amendment (Reform and Modernisation) Act 2020 commenced – each device included in the station complies with any standard applicable to it, as in force on the device compliance day; or

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

                     Note: The Radiocommunications (118 MHz to 137 MHz Amplitude Modulated Equipment – Aeronautical Radio Service) Standard 2012, the Radiocommunications (406 MHz Satellite Distress Beacons) Standard 2014 and the Radiocommunications (VHF Radiotelephone Equipment – Maritime Mobile Service) Standard 2018 were standards that may have applied to aircraft stations and aeronautical mobile stations for the purposes of paragraph (b), and are equipment rules that may apply to aircraft stations and aeronautical mobile stations for the purposes of paragraph (c).

             (2)  A person must not operate an aircraft station or aeronautical mobile station under this Class Licence unless each device included in the station complies with the requirements that apply to the device as specified in the ‘AS/NZS IEC 62287.1:2007: Maritime navigation and radiocommunications equipment and systems – Class B shipborne equipment of the Automatic Identification System (AIS) – Part 1: Carrier-sense time division multiple access (CSTDMA) techniques’ (other than clause 6.5.2), published by Standards Australia, as in existence from time to time, or another document published by Standards Australia that replaces that document.

Note 1:     The AS/NZS IEC 62287.1:2007 Maritime navigation and radiocommunications equipment and systems – Class B shipborne equipment of the Automatic Identification System (AIS) is available for a fee from SAI Global Pty Limited’s website https://infostore/saiglobal.com/ or may be viewed at an office of the ACMA on request and subject to licensing conditions.

Note 2:     If a radiocommunications device is required to be fitted to, or carried on, an aircraft under any civil aviation instrument, it must also comply with any relevant requirements under that civil aviation instrument.

Note 3:     Clause 6.5.2 of the ‘AS/NZS IEC 62287.1:2007 Maritime navigation and radiocommunications equipment and systems – Class B shipborne equipment of the Automatic Identification System (AIS), Part 1: Carrier-sense time division multiple access (CSTDMA) techniques’ sets out the information reporting intervals that must be used when operating Class B shipborne equipment of the Automatic Identification System (AIS).

Note 4:     It is permissible to use information reporting intervals of no less than 2 seconds if operating VHF international marine mobile service equipment for the purposes of search and rescue or the safe and expeditious conduct of a flight.

             (3)  In paragraph (1)(b), 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.

6A            Condition – compliance with ARPANSA Standard

A person must not operate an aircraft station or an aeronautical mobile station, or a group of aircraft stations or aeronautical mobile 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.

7              Operator qualifications

A person must not operate an aircraft station or an aeronautical mobile station unless the person is qualified to operate the station in accordance with the Civil Aviation Act 1988 or any civil aviation instrument.

8              Station identification

         (1)   A person who operates an aircraft station must identify the station using:

                (a)    the nationality mark and the registration mark of the relevant aircraft; or

               (b)    the registration issued for that aircraft station by a sport aviation body; or

                (c)    any other form of identification that clearly identifies the station.

         (2)   A person who operates an aeronautical mobile station must identify the station using a form of identification that clearly identifies the station.

Note   Other requirements, for example those imposed by Airservices Australia or CASA, may apply to the person in relation to the operation of an aircraft station or an aeronautical mobile station.

9              Communications between stations

         (1)   A person may operate an aircraft station to communicate only with:       

                (a)    another aircraft station operating on a frequency permitted under paragraph 11 (1) (c), (d) or (e);

               (b)    an aeronautical station; or      

                (c)    a station operating for a purpose mentioned in an item in column 2 of Part 1.1, Part 1.2, Part 1.3 or Part 1.4 of Schedule 1, on a frequency mentioned in column 3 of that item in relation to that purpose.

         (2)   A person may operate an aeronautical mobile station to communicate only with:

(a)   an aircraft station operating on a frequency permitted under paragraph 11 (1) (c), (d) or (e);

                (b)    an aeronautical station;

(c)   an aeronautical mobile station operating on a frequency permitted under paragraph 11 (2) (c);

(d)   an aeronautical mobile station operating on a frequency mentioned in paragraph 11 (2) (d); or

(e)   a station operating for a purpose mentioned in an item in column 2 of Part 1.1, Part 1.2, Part 1.3 or Part 1.4 of Schedule 1, on a frequency mentioned in column 3 of that item in relation to that purpose.

         (3)   A person may operate a station in accordance with subsection (1) or (2) only if the operation is for a communication that 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:

                          (i)    the aircraft to which the aircraft station relates is engaged; or

                         (ii)    the aeronautical mobile station is engaged.

         (4)   However, subsection (3) does not apply to a person employed by:

                (a)    Airservices Australia; or

               (b)    CASA.

10            Operations outside Australia (aircraft stations)

         (1)   A person may operate an aircraft station outside Australia only in accordance with:

                (a)    the Radio Regulations; and

               (b)    if the station is in the territory of another country — the requirements of the country applicable to radiocommunications.

Note   The Radio Regulations mentioned in paragraph 10(1)(a) are those made by the International Telecommunication Union.

         (2)   If an aircraft station is to be operated outside Australia on a frequency authorised by ICAO and published in an Aeronautical Information Publication (or a similar document, as in existence from time to time, for the country in whose territory the station is located), the person may operate the station only to communicate with:

                (a)    an aeronautical station operated in another country; or

               (b)    another aircraft station.

Note   Section 16 of the Act provides that the Act applies outside Australia in particular circumstances.  See also sections 23 and 195.

11            Use of frequencies

         (1)   A person may operate an aircraft station only:

                (a)    for a purpose mentioned in column 2 of an item in Part 1.1 of Schedule 1, and on a carrier frequency mentioned in column 3 of the item, utilising single sideband modulation using upper sideband with a necessary bandwidth not exceeding 2.8 kHz;

               (b)    for a purpose mentioned in column 2 of an item in Part 1.2 of Schedule 1, and on a carrier frequency mentioned in column 3 of the item in relation to that purpose;

                (c)    on a frequency permitted in an Aeronautical Information Publication;

               (d)    for the purposes of search and rescue:

                          (i)    on one of the following frequencies:

                                   (A)     2 182 kHz;

                                   (B)     3 023 kHz;

                                   (C)     4 125 kHz;

                                   (D)     5 680 kHz;

                                   (E)     121.5 MHz;

                                    (F)     123.1 MHz;

                                   (G)     123.2 MHz;

                                   (H)     156.3 MHz;

                                    (I)     156.8 MHz; or

                         (ii)    if the station is an Automatic Identification System (AIS) that operates on 161.975 MHz or 162.025 MHz; or

                (e)    if the station is an Automatic Identification System (AIS) — for the purpose of the safe and expeditious conduct of a flight, on 161.975 MHz or 162.025 MHz.

         (2)   A person may operate an aeronautical mobile station only:

                (a)    for a purpose mentioned in column 2 of an item in Part 1.2 of Schedule 1, on a carrier frequency mentioned in column 3 in relation to that purpose;

               (b)    for a purpose mentioned in column 2 of an item in Part 1.4 of Schedule 1, on a frequency band mentioned in column 3 of the item;

                (c)    on a frequency permitted in an Aeronautical Information Publication, as existing from time to time; or

               (d)    on any of the following frequencies for the purposes of search and rescue:

                          (i)    3 023 kHz;

                         (ii)    5 680 kHz;

                        (iii)    121.5 MHz;

                        (iv)    123.1 MHz;

                         (v)    123.2 MHz.

12            Operation on radionavigation frequencies (aircraft stations)

                A person may operate an aircraft station on radionavigation frequencies only:

                (a)    for a purpose mentioned in column 2 of an item in Part 1.3 of Schedule 1; and

               (b)    on a frequency in a frequency band mentioned in column 3 of the item in relation to that purpose.

 


Schedule 1        Frequencies for operation

(sections 11 and 12)

Part 1.1       Operation on high frequencies — aircraft stations

 

Item

Purpose

Carrier frequency

(kHz)

1

Surveying

2 140

4 615 1

2

General use

3 216 1

3 704

3 876

6 628

6 697

Note

1       This frequency can be used only for aeronautical communications, including communications relating to flight coordination, outside national or international civil air routes.

Part 1.2       Operation on very high frequencies — aircraft stations and aeronautical mobile stations

 

Item

Purpose

Carrier frequency

(MHz)

1

(a)     aero club operations

(b)     flight training operations

(c)     firefighting operations

119.1

2

Parachute club operations

119.2

3

Helicopter operations:

(a)     air to air communications only

(b)     ground to air and air to ground communications only

 

120.4

120.8

4

Aviation sport

120.85

5

Emergency operation:

(a)     Satellite location and aircraft stations

(b)     Homing for aircraft stations only

 

406–406.1

 

121.5

6

Glider or sailplane operations

122.5, 122.7, 122.9

7

Fishing operations or agricultural operations including aerial mustering

122.8

8

Pilot to pilot communications

123.45

9

Air show

127.9

10

Traffic information broadcasts by aircraft (TIBA):

(a)     at or above Flight Level 200

(b)     below Flight Level 200

 

128.95

126.35

11

Aircraft industry testing

129.1

12

Agricultural operations including crop dusting

129.6

13

Aerodrome operations

129.9

14

Charter purposes (above 20 000 feet)

135.95

15

Charter purposes and other purposes not listed in another item

126.4, 128.9, 135.55

Part 1.3       Operation on radionavigation frequencies — aircraft stations

 

Item

Purpose

Frequency band

(MHz)

1

Aeronautical Radionavigation Distance
Measuring Equipment

1024–1151

2

Airborne Collision Avoidance System (interrogator)

1026–1034

3

Secondary Surveillance RADAR
Airborne Collision Avoidance System (reply)

Automatic Dependant Surveillance — Broadcast

1087–1093

4

Radio altimeter

4200–4400

5

Weather RADAR

5350–5470

9300–9500

6

Doppler RADAR

8750–8850

13250–13400

Part 1.4       Operation on radionavigation frequencies — aeronautical mobile stations

 

Item

Purpose

Frequency band (MHz)

1

Automatic Dependent Surveillance — Broadcast

1087–1093

2

Advanced Surface Movement Guidance and Control Systems – Reply

1087–1093

 


 

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

am = amended

LA = Legislation Act 2003

rs = repealed and substituted

rep. = repealed

 

 


Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Radiocommunications (Aircraft and Aeronautical Mobile Stations) Class Licence 2016

17 August 2016

F2016L01294

18 August 2016

 

Radiocommunications (Aircraft and Aeronautical Mobile Stations) Class Licence Variation 2018 (No. 1)

16 April 2018
F2018L00488

17 April 2018

 

Radiocommunications Legislation (Consequential Amendments) Instrument 2018 (No. 1)

27 November 2018
F2018L01619

28 November 2018

 

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

11 June 2021
F2021L00734

17 June 2021

 

Endnote 4—Amendment history

 

Provision affected

How affected

Part 1

 

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

rep. LA s.48D.

s.3.............................................

rep. LA s.48C.

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

rs. F2018L00488.

s.4(1)........................................

am. F2021L00734

s.4(2)........................................

rep. F2021L00734

s.4A..........................................

ad. F2021L00734

Part 3

 

s 6.............................................

rs. F2018L00488, am. F2018L01619, rs. F2021L00734

s.6A..........................................

ad. F2021L00734

s 7.............................................

rs. F2018L00488.