{"id":"F2018L01583","name":"Radiocommunications (Body Scanning – Aviation Security) Class Licence 2018","slug":"radiocommunications-body-scanning-aviation-security-class-licence-2018","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":98252,"registerId":"commonwealth-F2018L01583-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\nThis is the Radiocommunications (Body Scanning – Aviation Security) Class Licence 2018.","sortOrder":0},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This instrument is made under section 132 of the Radiocommunications Act 1992.","sortOrder":1},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n  In this instrument:\n  Act means the Radiocommunications Act 1992.\n\nARPANSA 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 Australia Radiation Protection and Nuclear Safety Agency.\n\nNote: The ARPANSA Standard is available, free of charge, from the Australian Radiation Protection and Nuclear Safety Agency website at [www.arpansa.gov.au](http://www.arpansa.gov.au).\n\n> Note: authorised person means:\n\n    (a) a screening authority; or\n    (b) a screening officer; or\n    (c) a registered training organisation; or\n    (d) a person employed by or contracted to a registered training organisation.\n\n> Note: body scanner means a scanner that is capable of detecting metallic and non-metallic items on a person by using millimetre-wave radio frequency technology.\n\n> Note: A body scanner is, or includes, a radiocommunications transmitter.\n\n> EIRP means equivalent isotropically radiated power.\n\n> registered training organisation has the meaning given by the National Vocational Education and Training Regulator Act 2011.\n\nscreening authority has the meaning given by the Aviation Transport Security Act 2004.\n\nscreening officer has the meaning given by the Aviation Transport Security Act 2004.\n\n> security controlled airport has the meaning given by the Aviation Transport Security Act 2004.\n\n> Note: Gazette notices of declarations of security controlled airports are published on the Federal Register of Legislation.\n\n> VET course has the meaning given by the National Vocational Education and Training Regulator Act 2011.\n\n> Note 1: A number of expressions used in this instrument are defined in the Act, including:\n\n    (a) interference;","sortOrder":2},{"sectionNumber":"5","sectionType":"section","heading":"References to other instruments","content":"#### 5 References to other instruments\n\n  In this instrument, unless the contrary intention appears:\n    (a) a reference to any other legislative instrument is a reference to that other legislative instrument as in force from time to time; and\n    (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.\n\n> 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.\n\n> Note 2: All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.\n\n> Note 3: For paragraph (b), see section 314A of the Act.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"section","heading":"Class Licence","content":"#### Part 2—Class Licence\n\n#### 6 Class Licence\n\n  (1) This instrument authorises a screening authority or a screening officer to operate a body scanner for the purpose of carrying out screening of persons at a security controlled airport, subject to the conditions set out in section 7.\n  (2) This instrument authorises:\n    (a) a registered training organisation;\n    (b) a person employed by or contracted to a registered training organisation;\n  to operate a body scanner for the purpose of training screening officers, subject to the conditions set out in sections 7 and 8.\n\n> Note: A body scanner operated under this instrument will operate in parts of the radiofrequency spectrum expected to be used by other radiocommunications devices. A radiocommunications receiver tuned to the body scanner’s radiocommunications transmitter will not be afforded protection from interference caused by other radiocommunications devices.\n\n#### 7 Conditions for operation by an authorised person\n\n  (1) An authorised person must operate the body scanner in:\n    (a) the frequency range from 24.25 GHz to 30 GHz; or\n    (b) the frequency range from 67 GHz to 80 GHz.\n  (2) An authorised person must operate the body scanner at a radiated power that does not exceed:\n    (a) if the body scanner is operated in the frequency range from 24.25 GHz to 30 GHz – a maximum instantaneous EIRP of -10 dBm and a maximum power spectral density of -10 dBm per 4 MHz;\n    (b) if the body scanner is operated in the frequency range from 67 GHz to 80 GHz – a maximum instantaneous EIRP of 7 dBm and a maximum power spectral density of 7 dBm per 1 MHz.\n  (3) An authorised person must operate the body scanner indoors at a security controlled airport.\n  (4) An authorised person must not operate the body scanner if the electromagnetic radiation emitted by the body scanner, or by a group of body scanners that includes the body scanner, exceeds the general public exposure limits specified in the ARPANSA Standard.\n  (5) An authorised person must not operate a body scanner if its operation, whether on its own or in operation with one or more other transmitters, would cause interference to the operation of radiocommunications services.\n\n#### 8 Additional condition for operation by registered training organisation\n\n  A registered training organisation, or a person employed by or contracted to a registered training organisation, must not operate the body scanner unless there is in force a written agreement between the registered training organisation and a screening authority that requires the registered training organisation to provide training as part of a VET course to:\n    (a) a screening officer employed by the screening authority or another screening authority; or","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Class Licence","content":"#### 6 Class Licence\n\n  (1) This instrument authorises a screening authority or a screening officer to operate a body scanner for the purpose of carrying out screening of persons at a security controlled airport, subject to the conditions set out in section 7.\n  (2) This instrument authorises:\n    (a) a registered training organisation;\n    (b) a person employed by or contracted to a registered training organisation;\n  to operate a body scanner for the purpose of training screening officers, subject to the conditions set out in sections 7 and 8.\n\n> Note: A body scanner operated under this instrument will operate in parts of the radiofrequency spectrum expected to be used by other radiocommunications devices. A radiocommunications receiver tuned to the body scanner’s radiocommunications transmitter will not be afforded protection from interference caused by other radiocommunications devices.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Conditions for operation by an authorised person","content":"#### 7 Conditions for operation by an authorised person\n\n  (1) An authorised person must operate the body scanner in:\n    (a) the frequency range from 24.25 GHz to 30 GHz; or\n    (b) the frequency range from 67 GHz to 80 GHz.\n  (2) An authorised person must operate the body scanner at a radiated power that does not exceed:\n    (a) if the body scanner is operated in the frequency range from 24.25 GHz to 30 GHz – a maximum instantaneous EIRP of -10 dBm and a maximum power spectral density of -10 dBm per 4 MHz;\n    (b) if the body scanner is operated in the frequency range from 67 GHz to 80 GHz – a maximum instantaneous EIRP of 7 dBm and a maximum power spectral density of 7 dBm per 1 MHz.\n  (3) An authorised person must operate the body scanner indoors at a security controlled airport.\n  (4) An authorised person must not operate the body scanner if the electromagnetic radiation emitted by the body scanner, or by a group of body scanners that includes the body scanner, exceeds the general public exposure limits specified in the ARPANSA Standard.\n  (5) An authorised person must not operate a body scanner if its operation, whether on its own or in operation with one or more other transmitters, would cause interference to the operation of radiocommunications services.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Additional condition for operation by registered training organisation","content":"#### 8 Additional condition for operation by registered training organisation\n\n  A registered training organisation, or a person employed by or contracted to a registered training organisation, must not operate the body scanner unless there is in force a written agreement between the registered training organisation and a screening authority that requires the registered training organisation to provide training as part of a VET course to:\n    (a) a screening officer employed by the screening authority or another screening authority; or","sortOrder":7},{"sectionNumber":"Endnotes","sectionType":"section","heading":"Endnotes","content":"#### Endnotes\n\nEndnote 1 – About the endnotes\n\nThe endnotes provide information about this compilation and the compiled law.\n\nEndnote 2 (Abbreviation key) sets out abbreviations that may be used in the endnotes.\n\nEndnote 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.\n\nEndnote 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.\n\nIt 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.\n\nEndnote 2—Abbreviation key\n\n| ad = added or inserted                                | (md not incorp) = misdescribed amendment |\n| ----------------------------------------------------- | ---------------------------------------- |\n| am = amended                                          | cannot be given effect                   |\n| amdt = amendment                                      | mod = modified/modification              |\n| c = clause(s)                                         | No. = Number(s)                          |\n| Ch = Chapter(s)                                       | par = paragraph(s)/subparagraph(s)       |\n| def = definition(s)                                   | /sub‑subparagraph(s)                     |\n| Dict = Dictionary                                     | Pt = Part(s)                             |\n| disallowed = disallowed by Parliament                 | r = regulation(s)/rule(s)                |\n| Div = Division(s)                                     | rep = repealed                           |\n| exp = expires/expired or ceases/ceased to have effect | rs = repealed and substituted            |\n| F = Federal Register of Legislation                   | s = section(s)/subsection(s)             |\n| gaz = gazette                                         | Sch = Schedule(s)                        |\n| LA = Legislation Act 2003                             | Sdiv = Subdivision(s)                    |\n| LIA = Legislative Instruments Act 2003                | underlining = whole or part not          |\n| (md) = misdescribed amendment can be given effect     | commenced or to be commenced             |","sortOrder":8}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation maintains its original narrow scope. It was clearly designed from inception to provide a streamlined licensing framework for body scanner operation at airports, covering both operational screening and training scenarios. There is no evidence of scope creep; the instrument remains tightly focused on aviation security body scanning using millimetre-wave technology."},"complexity_factors":["Short instrument (approximately 8 operative sections)","Minimal cross-referencing—primarily references to external standards (ARPANSA Standard) and definitions in other Acts (Aviation Transport Security Act 2004, National Vocational Education and Training Regulator Act 2011)","Straightforward conditional structure: basic authorisation in section 6, technical conditions in section 7, additional training-specific condition in section 8","Technical complexity limited to specific radio frequency and power density specifications in section 7(1)-(2), which require engineering knowledge to interpret but are clearly stated","No nested exceptions or complex definitional chains—definitions are either inline or reference single external sources","Duplicate section numbering present in the text (sections 6, 7, and 8 appear twice), suggesting a compilation error rather than legislative complexity"],"plain_english_summary":"This class licence lets screening authorities/officers and registered training organisations (and their staff/contractors, for training) operate millimetre‑wave body scanners at Australian airports without individual radio licences. It permits use only within specified frequency and power limits, indoors at security‑controlled airports, and requires compliance with ARPANSA public‑exposure limits and no harmful interference. Training providers must have a written agreement with a screening authority. The licence reduces regulatory burden while maintaining safety and spectrum protection."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument defines a focused authorisation: operation by screening authorities/officers and registered training organisations for screening or training at security‑controlled airports under specified technical and safety conditions. The text does not indicate any alteration to that stated scope or any transitional or amendment provisions that would change its original reach."},"complexity_factors":["Technical RF parameters: specific frequency bands and tight power limits (EIRP and power spectral density) require engineering verification and ongoing compliance (sections 7(1)–(2)).","Exposure standard reference: obligation to stay within ARPANSA general public exposure limits requires measurement, monitoring and potential mitigation (section 7(4)).","Interference risk management: prohibition on causing interference to radiocommunications services requires coordination or operational constraints with other spectrum users (section 7(5)).","Cross‑legislative definitions: key roles and locations are defined by other Acts (Aviation Transport Security Act 2004; National Vocational Education and Training Regulator Act 2011), requiring legal interpretation across instruments (definitions in section 4 and references in section 5).","Operational scope and venue restriction: indoor and security‑controlled airport limitation imposes logistical coordination with airport authorities (section 7(3)).","Training contract condition: registered training organisations must hold written agreements with a screening authority to provide VET training, creating administrative/contractual obligations (section 8).","Notes on receiver protection: the instrument notes that receivers tuned to the scanner are not protected from interference, allocating risk to other users (note to section 6)."],"plain_english_summary":"This class licence allows screening authorities, screening officers and some registered training organisations to operate millimetre‑wave body scanners at security‑controlled airports, subject to technical, safety and training conditions. It specifies permitted frequency bands, strict power limits, indoor‑only use, compliance with ARPANSA public exposure limits, and a prohibition on causing interference. It matters because it legally authorises scanner use while placing responsibility on operators to manage radio‑frequency safety, interference risk and training arrangements."}},"importantCases":[],"_links":{"self":"/api/acts/radiocommunications-body-scanning-aviation-security-class-licence-2018","history":"/api/acts/radiocommunications-body-scanning-aviation-security-class-licence-2018/history","analysis":"/api/acts/radiocommunications-body-scanning-aviation-security-class-licence-2018/analysis","conflicts":"/api/acts/radiocommunications-body-scanning-aviation-security-class-licence-2018/conflicts","importantCases":"/api/acts/radiocommunications-body-scanning-aviation-security-class-licence-2018/important-cases","documents":"/api/acts/radiocommunications-body-scanning-aviation-security-class-licence-2018/documents"}}