Statutory Rules 1993   No. 177

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Radiocommunications Regulations

TABLE OF CONTENTS

Statutory Rules 1993   No. 1771

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Radiocommunications Regulations

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and under section 4 of the Acts Interpretation Act 1901, make the following Regulations under the Radiocommunications  Act 1992.

 Dated 28 June 1993.

 BILL HAYDEN

 Governor-General

 By His Excellency’s Command,

DAVID BEDDALL

Minister for Communications

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PART 1—PRELIMINARY

Citation

 1. These Regulations may be cited as the Radiocommunications Regulations.l

Commencement

 2. These Regulations commence on 1 July 1993.

Interpretation

 3. In these Regulations, unless the contrary intention appears:

“Act” means the Radiocommunications Act 1992;

“aeronautical mobile service”  means a radiocommunications service that is used principally for the purpose of the transmission of messages to and from aircraft;

“aircraft station” means a station in the aeronautical mobile service, other than a mobile (disaster plan) station, that is installed aboard an aircraft;

“aircraft station, Class A” means an aircraft station installed aboard an aircraft that:

 (a) has not less than 38 passenger seats; or

 (b) has a maximum take-off weight of not less than 19 tonnes.

“aircraft station, Class B” means an aircraft station other than an aircraft station, Class A;

“amateur service” means a radiocommunications service established for the purposes of self-training, intercommunication and technical investigation into radiocommunications by persons:

 (a) who are licensed under the Act to do so; and

 (b) who do so solely with a personal aim; and

 (c) who have no pecuniary interest in the outcome;

“amateur station” means a station that:

 (a) employs, for radiocommunication, any frequency included in the frequency bands designated in the spectrum plan for use by the amateur service or the amateur satellite service within the meaning of the spectrum plan; and

 (b) includes a transmitter, or transmitters, used subject to the conditions prescribed under Part 3 in relation to a licence for a transmitter;

“amateur station (unrestricted)” means an amateur station where the holder of the transmitter licence that relates to the station is a person to whom a certificate of proficiency has been granted in relation to the Amateur Operator’s Examination referred to in regulation 15;

“amateur station (limited)” means an amateur station where the holder of the transmitter licence that relates to the station is a person to whom a certificate of proficiency has been granted in relation to the Limited Amateur Operator’s Examination referred to in regulation 16;

“amateur station (novice)” means an amateur station where the holder of the transmitter licence that relates to the station is a person to whom a certificate of proficiency has been granted in relation to the Novice Amateur Operator’s Examination referred to in regulation 17;

“amateur station (combined limited and novice)” means an amateur station where the holder of the transmitter licence that relates to the station is a person to whom a certificate of proficiency has been granted in relation to:

 (a) the Limited Amateur Operator’s Examination referred to in regulation 16; and

 (b) the Novice Amateur Operator’s Examination referred to in regulation 17;

“ambulatory station” means a station that is established for use while in motion, or during halts at unspecified points, on land, on water or in the air;

“AUSSAT receive-only station” means an earth station (other than an earth station, Australian satellite service or an earth station, Class A, B, C, D or E):

 (a) that accesses an Australian satellite; and

 (b) that is used only for receiving messages and is not capable of transmitting messages of any kind; and

 (c) for which the SMA undertakes co-ordination procedures for the purpose of minimising interference to reception;

“AUSSAT service” means a service comprising earth stations operated for the purposes of providing telecommunications services:

 (a) under the general telecommunications licence granted to AUSSAT Pty Limited and notified in the Gazette on 26 November 1991; and

 (b) that access an Australian satellite;

“authorised person” means:

 (a) the Spectrum Manager; or

 (b) a person appointed under regulation 42 for the purposes of the provision in which that expression appears;

“citizen band radio station” means a station that employs, for radiocommunication, any frequency channel in the frequency bands 26.965 megahertz to 27.405 megahertz (inclusive) and 476.425 to 477.400 megahertz (inclusive), being a frequency channel used by citizen band radio stations;

“coast station” means a land station (other than an earth station) established for the purpose of communicating with ship stations at sea and aircraft stations, being a station an important function of which is the transmission or reception of messages on behalf of the public;

“coast station, Class A” means a coast station other than a coast station, Class B, that is used for communicating with ship stations or aircraft stations on very high frequency channels;

“coast station, Class A (receive-only)” means a coast station:

 (a)  used for receiving messages transmitted by ship stations or aircraft stations, being messages transmitted only on very high frequency channels; and

 (b) not capable of transmitting messages of any kind;

“coast station, Class B” means a coast station that is used for communicating with ship stations or aircraft stations on other channels in addition to, or instead of, very high frequency channels;

“coast station, Class B (receive-only)” means a coast station:

 (a) used for receiving messages transmitted by ship stations or aircraft stations on other channels in addition to, or instead of, very high frequency channels; and

 (b) not capable of transmitting messages of any kind;

“disaster station” means a station having the exclusive function of providing a radiocommunications service in relation to natural disasters and civil defence activities;

“Distress, Urgency, Alarm and Safety Signals” means the Distress Signal, Urgency Signal, Alarm Signal and Safety Signal within the meaning of Article 39, Article 40 (Section I), Article 41 and Article 40 (Section II), respectively, of the Radio Regulations published by the International Telecommunication Union, Geneva, as in force under the Telecommunication Convention at the commencement of these Regulations;

“earth station” means a station located at a fixed point on the surface of the earth that is used for the purpose of communicating with:

 (a) any earth station by means of any satellite or other object in space; or

 (b) any space station;

“earth station, Australian satellite service” means an earth station, other than an earth station in the AUSSAT service, that is established for the purposes of providing access to an Australian satellite;

“earth station, Class A” means an earth station (other than an earth station, Australian satellite service, or an earth station in the AUSSAT service) capable of carrying not more than one voice channel;

“earth station, Class A (receive-only)” means an earth station, Class A:

 (a) that is used only for receiving messages and is not capable of transmitting messages of any kind; and

 (b) for which the SMA undertakes co-ordination procedures for the purpose of minimising interference to reception;

“earth station, Class B” means an earth station (other than an earth station, Australian satellite service, or an earth station in the AUSSAT service) capable of carrying more than one but not more than 12 voice channels;

“earth station, Class B (receive-only)” means an earth station, Class B:

 (a) that is used only for receiving messages and is not capable of transmitting messages of any kind; and

 (b) for which the SMA undertakes co-ordination procedures for the purpose of minimising interference to reception;

“earth station, Class C” means an earth station (other than an earth station, Class A, an earth station, Class B, an earth station, Australian satellite service, or an earth station in the AUSSAT service) capable of utilising not more than one satellite transponder.

“earth station, Class C (receive-only)” means an earth station, Class C:

 (a) that is used only for receiving messages and is not capable of transmitting messages of any kind; and

 (b) except an earth station, Class C of a kind referred to in paragraph (a) that:

 (i) is not used for a business or commercial purpose; and

 (ii) operates only on a frequency or frequencies of less than 5 gigahertz; and

 (iii) has an antenna with a cross-sectional dimension of less than 5 metres;

“earth station, Class D” means an earth station (other than an earth station, Australian satellite service, or an earth station in the AUSSAT service) capable of utilising more than one but not more than 2 satellite transponders;

“earth station, Class D (receive-only)” means an earth station, Class D that is used only for receiving messages and is not capable of transmitting messages of any kind, but does not include a station of that kind that:

 (a)  is not used for a business or commercial purpose; and

 (b) operates only on a frequency or frequencies of less than 5gigahertz; and

 (c) has an antenna with a cross-sectional dimension of less than 5 metres;

“earth station, Class E” means an earth station (other than an earth station, Australian satellite service, or an earth station in the AUSSAT service) capable of utilising more than 2 satellite transponders;

“earth station, Class E (receive-only)” means an earth station, Class E that is used only for receiving messages and is not capable of transmitting messages of any kind, but does not include a station of that kind that:

 (a) is not used for a business or commercial purpose; and

 (b) operates only on a frequency or frequencies of less than 5gigahertz; and

 (c) has an antenna with a cross-sectional dimension of less than 5 metres;

“examination” means an examination conducted under Part 4;

“exterior paging service” means a radiocommunications service  consisting of:

 (a) a main transmitter established for the purpose of one- way data communication to one or more paging receivers, being a transmitter using the 148 to 149.25 megahertz band or the frequency channels 149.7875, 149.8375 or 149.8875 megahertz; and

 (b) if applicable in the circumstances, one or more fixed supplementary transmitters operating on the same frequency as the main transmitter, being supplementary transmitters that are used solely to improve service reliability within a radius of 40 kilometres of the main transmitter for one or more exterior paging services; and

 (c) at least 1 paging receiver;

“facsimile” means communication by facsimile or any other form of communication that is automatically reproduced onto paper;

“fixed station” means a station on land established for the purpose of communicating with one other station established at a fixed point on land but does not include an earth station, an outpost station or a receiving land station;

“former Regulations” means the Radiocommunications (Licensing and General) Regulations as in force :

 (a) at a particular time; or

 (b) if no particular time is specified in the provision in which the term appears—immediately before the commencement of these Regulations;

“intercommunication” means two-way communication between stations in the amateur service in Australia and:

 (a) other stations in the amateur service in Australia; or

 (b) amateur stations overseas;

but does not include communication with stations of other radiocommunications services;

“interior paging service” means a radiocommunications service:

 (a) that comprises:

 (i) one or more transmitters; and

 (ii) one or more paging receivers; and

 (b) that is used for communication solely within premises or similar restricted areas.

“land mobile paging receiver” means a receiving station in the land mobile service:

 (a) capable of receiving paging messages, but not of transmitting messages of any kind; and

 (b) suitable for carriage by hand or on the person;

“land mobile service” means a radiocommunications service that is used principally for the purpose of the transmission of messages to and from ambulatory stations on land using two-way communications, except:

 (a) an exterior paging service; or

 (b) an interior paging service; or

 (c) a part of a service referred to in paragraph (a) or (b);

“land station” means a station that is established at a fixed point on land;

“limited coast station” means a coast station (other than a marine rescue station):

 (a) that is not used:

 (i) for communicating with aircraft stations; or

 (ii) for the transmission and reception of messages on behalf of the public; and

 (b) that uses, for transmission purposes:

 (i) one or more of the following carrier frequencies;, namely, 1,715, 1,725, 1,775, 2,008, 2,032, 2,112, 2,182, 2,436, 2,524, 4,125, 4,535, 4,620, 6,215.5, 27,680, 27,720, 27,820, 27,860, 27,880, 27,900, 27,910, 27,940, 27,980, 156,300, 156,375, 156,425, 156,450, 156,500, 156,550, 156,575, 156,600, 156,650, 156,675, 156,700, 156,725, 156,800, 157,375, 161,525, 161,575 or 161,600 kilohertz; or

 (ii) any single frequency other than one of those frequencies;

“major fixed station” means a receiving land station:

 (a) other than an earth station, for which the SMA undertakes coordination procedures for the purpose of minimising interference to reception; or

 (b) that is an earth station, Class C (receive-only), an earth station, Class D (receive-only) or an earth station, Class E (receive-only);

“marine rescue station” means a station (other than a mobile (disaster plan) station) that:

 (a) is operated:

 (i) by a body that is declared under regulation 43 to be a body that is prepared to provide a comprehensive emergency radiocommunications service to vessels at sea without discrimination; or

 (ii) aboard a ship by a person acting on behalf of, or in co-ordination with, a body referred to in subparagraph (i);

 (b) is used primarily for ship-to-shore, shore-to-ship and intership communications;

 (c) in the case of a station established on land:

 (i) maintains a listening watch on the frequency 27,880 kilohertz and on either or both of the frequencies, 2,182 kilohertz and 156.8 megahertz; and

 (ii) transmits on the frequency 27,860 kilohertz; and

 (iii) if it maintains a listening watch on the frequency 2,182 kilohertz—transmits on the frequency 2,524 kilohertz; and

 (iv) if it maintains a listening watch on the frequency 156.8 megahertz—transmits on the frequency 156.375 megahertz: and

 (d) in the case of a station established aboard a ship, operates:

 (i) on the frequencies 27,860 and 27,880 kilohertz; and

 (ii) on either or both of the following pairs of frequencies, namely, 2,182 and 2,524 kilohertz and 156.375 and 156.8 megahertz;

“message” includes all or part of any correspondence, communication, conversation, information or signal transmitted or received by a station;

“mobile (disaster plan) station” means an ambulatory station that:

 (a) is authorised by the Spectrum Manager under subregulation 44 (1) to participate in an emergency radiocommunications service; and

 (b) is also authorised by the Spectrum Manager under subregulation 44 (2) to be used as if it were:

 (i) an aircraft station, Class A or an aircraft station, Class B; or

 (ii) a marine rescue station; or

 (iii) a mobile station; or

 (iv) a ship station;

“mobile station” means an ambulatory station other than a mobile (disaster plan) station;

“multipoint distribution station” means a station that, using a single frequency and occupying a bandwidth that exceeds 4 megahertz, transmits to at least 4 multipoint distribution station receivers:

 (a) if a class A station—services that are category (1), (2) or (3) services referred to in subclause 4 (1) of the Multipoint Distribution System Band Plan in force under the Radiocommunications Act 19922; or

 (b) if a class B station-services that are category (4) or (5) services referred to in subclause 4 (1) of the Multipoint Distribution System Band Plan in force under the Radiocommunications Act 19922;

“multipoint distribution repeater station” means a station that is used for the reception of radio transmissions from a multipoint distribution station and for the automatic retransmission of those transmissions to multipoint distribution station receivers.

“multipoint distribution station receiver” means a station:

 (a) established solely for the reception of radio transmissions from a multipoint distribution station or a multipoint distribution repeater station; and

 (b) that uses a single frequency and an occupied bandwidth exceeding 4 megahertz;

“outpost service” means a radiocommunications service:

 (a) established for the purposes of participation in the education program known as School of the Air; or

 (b) established to provide radiocommunications for communities in remote localities in which the telecommunications service of subscriber trunk dialling or a manual trunk telephone exchange is not provided; or

 (c) if a manual trunk telephone exchange is provided in the locality—established to provide for radiocommunications in case of an emergency that involves:

 (i) prejudice to the security or defence of Australia; or

 (ii) a serious threat to the environment; or

 (iii) risk of death of, or injury to, persons or risk of substantial loss of, or damage to, property;

“outpost station” means a land station in the outpost service;

“paging receiver” means a radiocommunications receiver used in the exterior paging service or the interior paging service, being a receiver that:

 (a) has an integral antenna; and

 (b) that is usually capable of being carried on the person;

“penalty”, in relation to an offence against section 46, 47, 113, 117, 118, 170, 186, 187 or 197, subsection 278 (4), section 279 or subsection 301 (3) of the Act, means a penalty of an amount worked out in accordance with section 315 of the Act;

“receiving land station” means a land station, not being a multipoint distribution station receiver, established solely for the reception of radio transmissions;

“ship” includes every kind of vessel or floating craft of any size, not being a vessel or floating craft that is permanently moored;

“ship station” means a station (other than a disaster station, a marine rescue station or a mobile (disaster plan) station) that:

 (a) is established aboard a ship; and

 (b) is used primarily for radiocommunication with land stations and other stations established aboard ships;

“ship station, Class A” means a ship station used by a member of an organisation established to provide an inshore boating service, not being a ship station, Class C or a station that includes a transmitter licensed to transmit public correspondence;

“ship station, Class B” means a ship station other than a ship station, Class C:

 (a) that includes a transmitter licensed to transmit public correspondence; or

 (b) that does not include a transmitter referred to in paragraph (a) and that is not a ship station, Class A.

“ship station, Class C” means a ship station equipped in accordance with orders made under the Navigation (Orders) Regulations.

“SOLAS” means the Safety of Life at Sea Convention, 1974 done at London on 1 November 1974 and its Protocol of 1978, both as in force on the day on which this definition takes effect;

“Spectrum Manager” means the Spectrum Manager appointed under section 243 of the Act;

“station” means an installation or thing that is, or includes, a radiocommunications transmitter or receiver;

“Telecommunication Convention” means the International Telecommunication Convention done at Nairobi on 6 November 1982.

[NOTE: The following terms used in these Regulations are defined in section 5 of the Act:

 aircraft, Australian satellite, certificate, certificate of proficiency, device, frequency band, frequency band plan, inspector, interference, licence, licensee, radiocommunication, radiocommunications device, radiocommunications receiver, radiocommunications transmitter, radio emission, receiver licence, reception, SMA, spectrum plan, transmitter and transmitter licence.]

PART 2—GENERAL

What is an Australian Satellite?

 4. For the purposes of the definition of “Australian satellite” in section 5 of the Act, a satellite operated for the purposes of providing telecommunications services under the general telecommunications licence granted to AUSSAT Pty Limited and notified in the Gazette on 26 November 1991 is declared to be an Australian satellite for the purposes of the Act.

Which radiocommunications receivers are radiocommunications  devices?

 5. For the purposes of paragraph 7 (1) (b) of the Act, radiocommunications receivers of the following kinds are specified as radiocommunications devices, namely, radiocommunications receivers that are, or form part of:

 (a) an AUSSAT receive-only station;

 (b) a coast station, Class A (receive-only);

 (c) a coast station, Class B (receive-only);

 (d) an earth station, Class A (receive-only);

 (e) an earth station, Class B (receive-only);

 (f) an earth station, Class C (receive-only);

 (g) an earth station, Class D (receive-only);

 (h) an earth station, Class E (receive-only);

 (i) another major fixed station;

 (j) a land mobile paging receiver.

What functions or duties attract exemption from Parts 3.1, 4.1 and 4.2 of the Act?

 6. For the purposes of paragraph 26 (1) (b) of the Act, a function or duty of a member of the Defence Force, or of an officer of the Department of Defence, in relation to:

 (a) the control, operation or use of the Defence Force or of any part of the Defence Force; or

 (b) the collection or dissemination of information for a purpose relating to the security or defence of Australia; or

 (c) the control or operation of any system, equipment, weapon or thing intended for use in combat;

is taken to be a function or duty in relation to military command and control, intelligence or weapons systems, as the case requires.

PART 3—CONDITIONS FOR TRANSMITTER LICENCES

Division 1—Conditions Applicable Generally 

General condition for transmitter licences

 7. (1) For the purposes of paragraph 107 (1) (f) of the Act, a transmitter licence is subject to the condition that the licensee may only communicate with a station or receiver with which the licensee, in operating a transmitter under the licence, is permitted by the terms of the licence to communicate, except:

 (a) where the transmission of a message is in relation to a distress or emergency situation; or

 (b) when the licensee is authorised, in writing, by the Spectrum Manager or an inspector to communicate with another station or receiver in relation to the investigation of interference.

 (2) Subregulation (1) applies to a person authorised under section 114 of the Act to operate a transmitter to which the licence applies as if the person were the licensee.

Division 2—Conditions Applicable to Amateur Stations

General conditions for communication by amateur stations

 8. For the purposes of paragraph 107 (1) (f) of the Act, a licence for a transmitter that forms part of an amateur station is subject to the following conditions:

 (a) that the licensee must not, when communicating with another amateur station, transmit any messages other than:

 (i) messages of an unimportant character relating to experiments about radio emissions; or

 (ii) messages consisting of remarks of a personal nature;

 (b) that the licensee must not, on behalf of a third party, transmit messages:

 (i) that directly or indirectly enable any person to obtain a financial gain or other reward; or

 (ii) that relate to the commercial or financial affairs of any person;

 (c) that the licensee must not transmit messages to an amateur station in a foreign country if the Spectrum Manager publishes a notice in the Gazette to the effect that the government of that country has given notice that it objects to the transmission and reception of messages between amateur stations in that country and amateur stations outside that country;

 (d) that, in any case, the licensee must not transmit messages to an amateur station in that other country on behalf of a third party, other than an amateur operator, unless the government of that country has made a special arrangement with Australia for the transmission and reception of messages, on behalf of third parties, between amateur stations in Australia and amateur stations in that country.

General conditions for use of amateur stations

 9. For the purposes of paragraph 107 (1) (f) of the Act, a licence for a transmitter that forms part of an amateur station is subject to the following conditions:

 (a) that the licensee must not use the transmitter for financial gain;

 (b) that the licensee must not transmit any form of entertainment;

 (c) that the licensee must use the transmitter solely for the purpose of self-training, intercommunication and technical investigations into radiocommunications.

General conditions in relation to operation of amateur stations

 10. For the purposes of paragraph 107 (1) (f) of the Act, a licence for a transmitter that forms part of an amateur station is subject to the following conditions:

 (a) that the licensee must ensure that transmissions are by the types of emission, and wholly contained within the frequency bands, (if any) specified under paragraph 107 (1) (g) of the Act in the licence;

 (b) that, if the licensee makes a single transmission from the station to which the transmitter relates, he or she must transmit the call sign of any station being called or communicated with by the station to which the transmitter relates, followed by the call sign of the licensee’s station:

 (i) at the beginning and at the end of the transmission; and

 (ii) if the duration of the transmission is more than 10 minutes—at least once during each period of 10 minutes in the course of the transmission;

 (c) that, if the licensee makes a series of transmissions from the station to which the transmitter relates to a station with which communications have been established, he or she must transmit:

 (i) at the beginning and at the end of the series of transmissions—the call sign of the station being called or communicated with by the station to which the transmitter relates, followed by the call sign of the licensee’s station; and

 (ii) if the duration of the series of transmissions is more than 10 minutes—the call sign of the licensee’s station at least once during each period of 10 minutes in the course of the series;

 (d) that the licensee must not, except for brief tests and adjustments, cause a carrier wave to be emitted from the transmitter unless that wave is subjected to intelligible modulation;

 (e) that the licensee must employ in the transmitter circuits, devices or methods designed to protect radiocommunications services from interference due to transmissions that:

 (i) vary from the nominal frequency; or

 (ii) have key impact emissions as a side effect of Morse code transmission; or

 (iii) contain harmonics; or

 (iv) make other unessential emissions;

 (f) that the licensee must take measures that are reasonably practicable to erect, fix, place and use the transmitter in such a manner as to avoid interference to the efficient and convenient working of other stations.

Condition in relation to control of equipment at amateur stations

 11. For the purposes of paragraph 107 (1) (f) of the Act, a licence for a transmitter that forms part of an amateur station is subject to the condition that the transmitter must at all times be under the control of the licensee while it is transmitting.

Division 3—Conditions Applicable to Citizen Band Radio Stations

Channels for operation—Citizen Band Radio Stations

 12. For the purposes of paragraph 107 (1) (f) of the Act, a licence for a transmitter that forms part of a citizen band radio station is subject to the following conditions:

 (a) that the licensee must not, except in cases of emergency, operate the station on a carrier frequency of 27.065, 476.525 or 477.275 megahertz;

 (b) that the licensee must not operate the station on a carrier frequency of 27.085, 27.155 or 476.675 megahertz except:

 (i) for the purpose of initiating contact with other citizen band radio stations; or

 (ii) if the carrier frequencies referred to in paragraph (a) are not available—in an emergency; and

 (c) if subparagraph (b) (i) or (ii) applies to the operation of a station—that the licensee must not operate the station on a carrier frequency of 27.085, 27.155 or 476.675 megahertz except:

 (i) in the case of a carrier frequency of 27.085 megahertz—for double sideband amplitude modulated transmissions; and

 (ii) in the case of a carrier frequency of 27.155 megahertz—for single sideband amplitude modulated transmissions employing the lower sideband of the carrier frequency; and

 (iii) in the case of a carrier frequency of 476.675 megahertz—for angle modulated transmissions.

PART 4—EXAMINATIONS FOR CERTIFICATES OF PROFICIENCY

Examinations conducted under the Regulations

 13. (1) The SMA may conduct, or arrange the conducting of, examinations referred to in this Part.

 (2) The examination specified in Column 2 of an item in Schedule 1 is an examination conducted by or for the SMA for a certificate that relates to a licence for a transmitter that is, or forms part of, a station described in Column 3 of that item.

Restricted Operator’s Examination

 14. (1) A Restricted Operator’s Examination may be conducted for radiotelegraphy or radiotelephony, or both.

 (2) A Restricted Operator’s Examination  in radiotelegraphy is an examination conducted by an authorised person in relation to the following matters:

 (a) practical knowledge of the working and adjustment of any type of radiotelegraph installation specified by the Spectrum Manager by notice in the Gazette;

 (b) ability to send correctly, and to receive correctly by ear, in Morse code, a message in plain language at a speed of 10 words per minute;

 (c) knowledge of the regulations in force under the Telecommunication Convention relating to:

 (i) the exchange of radiotelegraph communications; and

 (ii) interference; and

 (iii) the Distress, Urgency, Alarm and Safety Signals;

 (d) knowledge of the precautions necessary to ensure the safety of an installation referred to in paragraph (a) and the user of the installation.

 (3) A Restricted Operator’s Examination in radiotelephony is an examination conducted by an authorised person in relation to the following matters:

 (a) practical knowledge of the working and adjustment of any type of radiotelephone installation specified by the Spectrum Manager by notice in the Gazette;

 (b) ability to send and receive correctly messages by radiotelephone;

 (c) knowledge of the regulations in force under the Telecommunication Convention relating to:

 (i) the exchange of radiotelephone communications; and

 (ii) interference; and

 (iii) the Distress, Urgency, Alarm and Safety Signals;

 (d) knowledge of the precautions necessary to ensure the safety of an installation referred to in paragraph (a) and the user of the installation.

 (4) A Restricted Operator’s Examination in both radiotelegraphy and radiotelephony is an examination conducted by an authorised person in relation to the matters specified in subregulations (2) and (3).

Amateur Operator’s Examination

 15. An Amateur Operator’s Examination is an examination conducted by an authorised person in relation to the following matters:

 (a) knowledge of the principles of electricity and of radiocommunication;

 (b) knowledge of:

 (i) the regulations in force under the Telecommunication Convention and specified by the Spectrum Manager by notice in the Gazette; and

 (ii) the provisions of the Act and any regulations made under the Act;

  that relate to the operation of an amateur station;

 (c) ability to send correctly, and to receive correctly by ear, in Morse code, a message in plain language at a speed of 10 words per minute.

Limited Amateur Operator’s Examination

 16. A Limited Amateur Operator’s Examination is an examination conducted by an authorised person in relation to the following matters:

 (a) knowledge of the principles of electricity and of radiocommunication;

 (b) knowledge of:

 (i) the regulations in force under the Telecommunication Convention and specified by the Spectrum Manager by notice in the Gazette; and

 (ii) the provisions of the Act and the regulations under the Act;

  that relate to the operation of an amateur station.

Novice Amateur Operator’s Examination

 17. A Novice Amateur Operator’s Examination is an examination conducted by an authorised person in relation to the following matters:

 (a) knowledge to an elementary level of the principles of electricity and of radiocommunication;

 (b) knowledge of:

 (i) the regulations in force under the Telecommunication Convention and specified by the Spectrum Manager by notice in the Gazette; and

 (ii) the provisions of the Act and the regulations under the Act;

  that relate to the operation of an amateur station;

 (c) ability to send correctly, and to receive correctly by ear, in Morse code, a message in plain language at a speed of 5 words per minute.

First-Class and Second-Class Radio Electronic Operator’s Examinations

 18. A First-Class Radio Electronic Operator’s Examination and a Second-Class Radio Electronic Operator’s Examination are examinations conducted by an authorised person in relation to the following matters:

 (a) knowledge of the principles of electricity and of the theory of radio and electronics;

 (b) for a First-Class Radio Electronic Operator’s Examination—a detailed theoretical knowledge of the types of radiocommunication equipment specified by the Spectrum Manager by notice in the Gazette in relation to the examination;

 (c) for a Second-Class Radio Electronic Operator’s Examination—a general theoretical knowledge of the types of radiocommunication equipment specified by the Spectrum Manager by notice in the Gazette in relation to the examination;

 (d) general knowledge of the principles of equipment used for radionavigation;

 (e) for a First-Class Radio Electronic Operator’s Examination—practical knowledge necessary for the locating and repairing (using appropriate testing equipment and tools) faults which may occur on board a ship in the equipment referred to in paragraphs (b) and (d);

 (f) for a Second-Class Radio Electronic Operator’s Examination—practical knowledge necessary for repairing faults in equipment referred to in paragraphs (c) and (d), using the means available on board a ship and, if necessary, replacing modular units;

 (g) detailed practical knowledge of global maritime distress and safety subsystems and associated equipment;

 (h) ability to send and receive correctly by radiotelephone and direct-printing radiotelegraph installations;

 (i) detailed knowledge of the regulations applying to radiocommunication in force under the Telecommunication Convention;

 (j) knowledge of the recommendations relating to charges for radiocommunication published by the International Telegraphic and Telephone Consultative Committee of the International Telecommunications Union and specified, in relation to the examination, by the Spectrum Manager by notice in the Gazette;

 (k) knowledge of the provisions of SOLAS that relate to radiocommunication.

General Operator’s Examination

 19. A General Operator’s Examination is an examination conducted by an authorised person in relation to the following matters:

 (a) detailed practical knowledge of global maritime distress and safety subsystems and associated equipment that are specified by the Spectrum Manager by notice in the Gazette;

 (b) ability to send and receive correctly by radiotelephone and direct-printing radiotelegraph installations;

 (c) detailed knowledge of the regulations applying to radiocommunication in force under the Telecommunication Convention;

 (d) knowledge of the recommendations relating to charges for radiocommunication published by the International Telegraphic and Telephone Consultative Committee of the International Telecommunications Union and specified by the Spectrum Manager by notice in the Gazette;

 (e) knowledge of the provisions of SOLAS that relate to radiocommunication.

When must Spectrum Manager notify matters relating to examinations?

 20. In this Part, if the Spectrum Manager is required to notify in the Gazette a matter relating to an examination, the Spectrum Manager must do so not less than 14 days before the date of the relevant examination.

Notice for examination

 21. (1) If an applicant applies for a certificate and is required to undertake an examination in relation to that application, the Spectrum Manager must give the applicant notice in writing setting out:

 (a) the time and place of the examination; and

 (b) the charge (if any) determined by the SMA under section 293 of the Act for the examination and the time when the charge is payable.

 (2) If a charge is payable for an examination before the examination is conducted, an applicant for a certificate is not entitled to undertake the examination unless the applicant has paid the charge.

 (3) An applicant who has paid the charge for an examination and does not undertake the examination is not entitled to a refund of the charge.

Examination result and reassessment

 22. (1) If an applicant for a certificate undertakes an examination for that certificate, an authorised person must give notice in writing to the applicant as soon as practicable after the examination is conducted:

 (a) of the result of the examination; and

 (b) that the applicant is entitled to apply in writing to the Spectrum Manager, within 28 days after the day on which the notice is given, for a reassessment of the result of the examination, except an examination referred to in paragraph 14 (2) (b), 15 (c) or 17 (c) relating to the sending of a message in Morse Code .

 (2) The Spectrum Manager may extend the period referred to in subregulation (1) for a further period specified in the notice if it is reasonable in all the circumstances to do so and whether or not the initial period has expired.

 (3) If an applicant for a certificate applies to the Spectrum Manager, in accordance with this regulation, for reassessment of the result of an examination, the Spectrum Manager, or an authorised person, must direct an authorised person:

 (a) to make the reassessment; and

 (b) as soon as practicable after making the reassessment—to give notice in writing to the applicant of the result of the reassessment.

PART 5—PAYMENT OF PENALTIES

When may an infringement notice be served?

 23. If there are reasonable grounds for believing that a person has committed an offence of a minor nature against section 46, 47, 113, 117, 118, 170, 186, 187 or 197, subsection 278 (4), section 279 or subsection 301 (3) of the Act, an authorised person may serve, or cause to be served, an infringement notice on that person.

How is an infringement notice to be served?

 24. (1)  An authorised person may serve an infringement notice on an individual:

 (a) by giving it to the individual personally; or

 (b) by leaving it at, or sending it by post to, the residential or business address of the individual that is last known to the officer; or

 (c) by giving it, at the residence or place of business that is last known to the officer, to a person who is, or whom the officer reasonably believes is:

 (i) above the age of 16 years; and

 (ii) an occupant of, or employed at, the residence or place.

 (2) An authorised person may serve an infringement notice on a body corporate:

 (a) by sending it by post to the head office, registered office, principal office or other postal address of the body corporate; or

 (b) by giving it, at the head office, registered office, principal office or other place of business of the body corporate, to a person who is, or whom the officer reasonably believes is:

 (i) above the age of 16 years; and

 (ii) an officer of, or in the service of, the body corporate.

 (3) An infringement notice may also be served:

 (a) by another person acting on behalf of an authorised person in the manner set out in subregulation (1) or (2); or

 (b) by an authorised person, or by another person acting on behalf of an authorised person, in the manner set out in regulation 45.

What must be included in an infringement notice?

 25. (1) An infringement notice must be signed by the person who issues it, or causes it to be issued, and must contain:

 (a) a statement of the name of the authorised person who issues it, or causes it to be issued; and

 (b) a statement setting out the nature of the alleged offence and when and where the offence is alleged to have been committed; and

 (c) a statement to the effect that, if the person on whom the notice is served does not wish the matter to be dealt with by a court, he or she may pay a penalty of an amount worked out in accordance with section 315 of the Act in relation to the alleged offence, being the amount specified in the notice, within the period of 28 days after the date of the notice unless the notice is sooner withdrawn; and

 (d) information describing where and how the  penalty may be paid; and

 (e) a statement setting out the procedures under these Regulations relating to the withdrawal of notices and the consequences of the withdrawal of a notice.

 (2) An infringement notice may contain any other matters that the Spectrum Manager considers relevant.

What is the effect of withdrawal of an infringement notice?

 26. (1) If an infringement notice has been served on a person, the Spectrum Manager, or an authorised person, may at any time before the expiration of 28 days after the date of the notice, by notice in writing served on the person, withdraw the infringement notice.

 (2) If:

 (a) an infringement notice has been served on a person; and

 (b) the person has paid the penalty in relation to the alleged offence in accordance with the notice; and

 (c) the notice is subsequently withdrawn;

the Spectrum Manager, or an authorised person, must cause to be refunded to the person an amount equal to the penalty paid by the person.

What happens if the penalty is paid?

 27. (1) If an infringement notice is served on a person and:

 (a) the person pays the penalty within the period referred to in the notice or any further period (not being more than 14 days) that the Spectrum Manager or an authorised person allows (whether before or after the end of the period referred to in the notice); or

 (b) the notice is withdrawn after the person has paid the penalty;

then:

 (c) any liability of the person for the alleged offence is regarded as being discharged; and

 (d) no further proceedings may be taken for the alleged offence.

 (2) If subregulation (1) applies to a person, the person is not to be regarded as having been convicted of the alleged offence.

What happens if the penalty is paid by cheque?

 28. If the amount of a penalty is paid by cheque, payment is taken not to have been made unless the cheque is honoured upon presentation.

What happens if more than one notice is served in relation to the same alleged offence?

 29. Nothing in this Part prevents the service of more than one infringement notice on a person for the same alleged offence, but regulation 27 applies to the person if the person pays the penalty in relation to the alleged offence in accordance with any one of those notices.

What effect does this Part have on the institution and prosecution of proceedings?

 30. Nothing in this Part:

 (a) requires an infringement notice to be served in relation to an alleged offence; or

 (b) affects the liability of a person to be prosecuted for an alleged offence if the person does not comply with an infringement notice; or

 (c) affects the liability of a person to be prosecuted for an alleged offence if an infringement notice is not served on the person in relation to the offence, or if an infringement notice is served on the person and subsequently withdrawn; or

 (d) limits the amount of the fine that may be imposed by a court on a person convicted of an alleged offence.

Evidentiary matters

 31. (1)  At the hearing of a prosecution for an offence referred to in an infringement notice, a certificate signed by an authorised person that states that:

 (a) under paragraph 27 (1) (a), the authorised person did not allow further time for payment of the penalty; and

 (b) the penalty was not paid in accordance with the notice within 28 days after the date of service of the notice;

is evidence of those matters.

 (2) At the hearing of a prosecution for an offence referred to in an infringement notice, a certificate signed by an authorised person that states that:

 (a) under paragraph 27 (1) (a), the authorised person allowed the further time set out in the evidentiary certificate for payment of the penalty; and

 (b) the penalty was not paid in accordance with the notice within the further time allowed;

is evidence of those matters.

 (3) A certificate that purports to have been signed by an authorised person is taken to have been signed by the authorised person unless the contrary is proved.

PART 6—MISCELLANEOUS

Officers who may give directions to which  subsection 108 (3) of the Act applies

 32. The classes of officers referred to in Column 3 of Schedule 2 and the organisations referred to in Column 4 of that Schedule are specified for the purposes of subparagraph 108 (3) (b) (v) of the Act.

.Words describing intention to use device outside Australia

 33. For the purposes of paragraph 173 (2) (b) of the Act, the following words are authorised as a statement indicating that a device is intended to be used solely outside Australia:

“This device is intended to be used only outside Australia”.

Organisations specified for the purposes of paragraph 193 (1) (a) of the Act

 34. Each organisation referred to in an item in Part 1 or 2 of Schedule 3 is specified for the purposes of paragraph 193 (1) (a) of the Act.

Remuneration and Allowances—Spectrum Manager

 35. For the purposes of subsections 246 (2) and (3) of the Act, the remuneration and allowances payable to the Spectrum Manager are the remuneration and allowances payable to an officer of the Australian Public Service holding an office having a classification of Senior Executive Band 3 (Point 2).

Form of warrant

 36. The form of warrant for the purposes of section 269 of the Act is the form in Schedule 4.

Charges relating to the SMA’s costs

 37. For the purposes of paragraph 293 (b) of the Act, the following matters are specified:

 (a) an application for the issue, renewal or variation of a licence, permit, certificate or permission under the Act;

 (b) giving advice under section 141 of the Act;

 (c) a change made to information in the Register, and inspection of the Register;

 (d) the conciliation of interference disputes under Part 4.3 of the Act;

 (e) giving an accreditation under section  263 of the Act;

 (f) testing a device for compliance with a standard, technical licence specification or class licence;

 (g) holding an examination for a certificate of proficiency;

 (h) processing an application for reassessing a result in an examination for a certificate of proficiency;

 (i) reassessing a result in an examination for a certificate of proficiency;

 (j) issuing a duplicate of a licence, certificate or permit.

Prescribed instrument for purposes of paragraph 299 (1) (b) of the Act

 38. For the purposes of paragraph 299 (1) (b) of the Act, the Treaty within the meaning of the Petroleum (Australia—Indonesia Zone of Cooperation) Act 1990 as amended and in force at the commencement of these Regulations is prescribed.

Qualifications required by officers who issue evidentiary certificates

 39. For the purposes of subsection 305 (1) of the Act, the qualifications required, or that have at any time been required, by a person for the purposes of entry to the Australian Public Service as a Technical Officer are specified as the qualifications that must be held by a Commonwealth officer who may issue an evidentiary certificate under that subsection.

Directions that may be given by inspectors

 40. (1) To avoid interference to radiocommunications, an inspector may give to a licensee directions in writing that are reasonably necessary for the operation of a station or service, being directions in relation to :

 (a) the installation and maintenance of a station or service; and

 (b) any accessory apparatus used, or to be used, in the operation of the station or service.

 (2) A licensee must not knowingly or recklessly fail to comply with directions given by an inspector under subregulation (1).

Penalty: 10 penalty units

 (3) A licensee must not knowingly or recklessly make any alteration to a station or service, or to any accessory apparatus used in the operation of the station or service, of a kind that is likely to cause interference to radiocommunications, except:

 (a) in accordance with a direction given under subregulation (1); or

 (b) with the consent in writing of an inspector.

Penalty: 10 penalty units

 (4) Subregulation (3) does not apply in relation to an amateur station.

Issue of duplicate instruments

 41. If a licence, certificate or permit is issued to a person under the Act has been lost or destroyed, the holder of the original licence, certificate or permit may apply to the SMA for issue to the holder of a duplicate.

Authorised persons

 42. The Spectrum Manager may appoint, in writing, an officer or employee of the SMA to be an authorised person for the purposes of a provision of these Regulations.

Marine rescue stations—bodies that provide emergency radiocommunications services

 43. (1) For the purposes of the definition of “marine rescue station” in regulation 3, the Spectrum Manager may declare a body to be a body that is prepared to provide a comprehensive emergency radiocommunications service to vessels at sea without discrimination.

 (2) The Spectrum Manager must not make a declaration under subregulation (1) in relation to a body  unless there are reasonable grounds for believing that the body is prepared to provide a comprehensive emergency radiocommunications service to vessels at sea without discrimination.

Mobile (disaster plan) stations—authorisations by Spectrum Manager

 44. (1) The Spectrum Manager may, by notice in writing, authorise the participation of an ambulatory station in an emergency radiocommunications service that is established or maintained in accordance with an agreement:

 (a) between the Commonwealth and a State or Territory; and

 (b) declared by the Spectrum Manager, by notice published in the Gazette, to be an approved agreement for the purposes of this regulation.

 (2) The Spectrum Manager may, by notice in writing, authorise an ambulatory station that participates in an emergency radiocommunications service under subregulation (1) to be used as if it were:

 (a) an aircraft station, Class A or an aircraft station, Class B; or

 (b) a marine rescue station; or

 (c) a mobile station; or

 (d) a ship station.

Service of notices

 45. (1) If the Act requires:

 (a) service of a notice on a person; or

 (b) that a person be given a copy of a document;

the notice or copy may be given by facsimile transmission to the facsimile receiver (if any) last known to the person sending the transmission as being the receiver at which the addressee receives facsimile transmissions.

 (2) The method of service described in subregulation (1) is in addition to any other permitted method of service.

 (3) In the absence of evidence to the contrary, a facsimile transmission is taken to have been given to a person at the time the transmission is sent to the receiver referred to in subregulation (1).

Repeal of former Radiocommunications (Licensing and General) Regulations

 46. Statutory Rules 1985 Nos 195 and 221, 1986 Nos 125, 197, 213 and 278, 1987 Nos 61, 272 and 332, 1988 Nos 120, 156 and 348, 1989 Nos 193, 314 and 319, 1990 Nos 353 and 358, 1991 Nos 78, 346 and 360 and 1992 Nos 197, 307 and 309 are repealed.

———————

SCHEDULES

 SCHEDULE 1 Regulation 13

EXAMINATIONS

______________

OFFICERS OF ORGANISATIONS THAT DEAL WITH NATURAL DISASTERS

______________

PRESCRIBED ORGANISATIONS

PART 1

FIRE-FIGHTING, CIVIL DEFENCE AND RESCUE ORGANISATIONS

SCHEDULE 3—continued

SCHEDULE 3—continued

PART 2

AMBULANCE SERVICES

SCHEDULE 3—continued

______________

COMMONWEALTH OF AUSTRALIA

Radiocommunications Act 1992

SEARCH WARRANT UNDER SECTION 269

TO (insert name and address of inspector), an inspector within the meaning of section 267 of the Radiocommunications Act 1992.

I, (full name and designation of Magistrate), authorise you, with the assistance, and by the force, that is necessary and reasonable,              * at any time of the day or night / * between the hours of (time) and (time):

 * (a) to enter the land at (address); and

 * (a) to enter the premises at (address); and

 * (a) to board the vessel identified as (manner of identification) located at (place); and

 * (a) to board the aircraft identified as (manner of identification) located at (place); and

 * (a) to enter the vehicle identified as (manner of identification) located at (place); and

 (b) to search the * land /* premises / * vessel / * aircraft / * vehicle for (description of thing or kind of things); and

 (c) to break open and search a cupboard, drawer, chest, trunk, box, package or other receptacle, whether a fixture or not, in which you suspect on reasonable grounds there to be anything connected with (description of alleged offence against the Act.); and

 (d) to examine and seize (description of kind of things to be seized) that you suspect on reasonable grounds to be connected with the offence.

This warrant is issued on the basis:

 (a) of information on oath laid before me alleging that an inspector suspects on reasonable grounds that there may be  * on the land / * at the premises / * in the vessel / * in the aircraft / * in the vehicle:

SCHEDULE 4—continued

 * • anything in respect of which (description of alleged offence against the Act.) has been committed.

 * • anything that may afford evidence about the commission of (description of alleged offence against the Act.).

 * • anything that was used, or is intended to be used, for the purpose of committing (description of alleged offence against the Act.).

 (b) that the grounds were set out in the information; and

 (c) that I have been given, either orally or by affidavit, any further information that I required concerning the grounds on which the issue of the warrant is sought; and

 (d) that I am satisfied that there are reasonable grounds for issuing this warrant.

THIS WARRANT CEASES TO HAVE EFFECT ON (date not later than 7 days after issue of warrant).

Issued on (date).

(signature of Magistrate)

* Omit if inapplicable

_________________________________________________

NOTE

1. Notified in the Commonwealth of Australia Gazette on 30 June 1993.

2. The Multipoint Distribution System Band Plan in force under the Radiocommunications Act 1992 is the Plan that was published as Statutory Rules 1988 No. 181 as continued in force by section 4 of the Radiocommunications (Transitional Provisions and Consequential Amendments) Act 1992.