{"id":"F2016L01399","name":"Radiocommunications (Emergency Locating Devices) Class Licence 2016","slug":"radiocommunications-emergency-locating-devices-class-licence-2016","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":94993,"registerId":"commonwealth-F2016L01399-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"5A","sectionType":"section","heading":"References to other instruments","content":"#### 5A References to other instruments\n\n  In this class licence, 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: See section 314A of the Act.\n\n6 Application of Class Licence\n\n(1) This class licence authorises a person to operate the kinds of radiocommunications devices mentioned in subsection (2) for the purpose of facilitating search and rescue operations.\n\n(2) This class licence applies to the following kinds of radiocommunications devices:\n\n(a) a satellite distress beacon (other than an EPIRB that is on an aircraft and whose operation is authorised under the Radiocommunications (Aircraft and Aeronautical Mobile Stations) Class Licence 2016);\n\n(b) an EPIRB-AIS;\n\n(c) an MSLS;\n\n(d) an AIS‑SART;\n\n> Note: (e) a Radar-SART.\n\n> Note Paragraph (c) does not authorise the operation of a radiocommunications device that may form part of an MSLS but which is operated independently of an MSLS.\n\n(3) This class licence does not apply to a radiocommunications device in respect of which an apparatus licence is in force if the apparatus licence authorises the licensee to operate the device for a purpose that is substantially the same as the purpose mentioned in subsection (1).\n\n7 Class Licence — satellite distress beacon\n\n(1) This class licence authorises a person to operate a satellite distress beacon mentioned in paragraph 6(2) (a) if the person meets either or both of the requirements mentioned in subsections (2) and (3).\n\n(2) The person operates the beacon:\n\n(a) for the purpose of transmitting to the COSPAS‑SARSAT System; and (b) in the frequency range of 406 – 406.1 MHz.\n\n(3) The person operates the beacon for the purpose of transmitting a homing signal where the person operates the beacon on the frequency of 121.5 MHz or 243 MHz.\n\n8 Class Licence — EPIRB–AIS\n\n(1) This class licence authorises a person to operate an EPIRB-AIS mentioned in paragraph 6(2)(b) if the person meets one or all of the requirements mentioned in subsections (2), (3) and (4).\n\n(2) The person operates the EPIRB-AIS:\n\n(a) for the purpose of transmitting to the COSPAS‑SARSAT System; and\n\n(b) in the frequency range of 406 – 406.1 MHz.\n\n(3) The person operates the EPIRB-AIS for the purpose of transmitting a homing signal where the person operates the EPIRB-AIS on the frequency of 121.5 MHz or 243 MHz.\n\n(4) The person operates the EPIRB-AIS on either of the following frequencies:\n\n(a) 161.975 MHz;\n\n(b) 162.025 MHz.\n\n9 Class Licence — locating aid\n\n(1) This class licence authorises a person to operate a locating aid mentioned in paragraph 6(2)(c) if the person operates it on any of the following frequencies:\n\n(a) 121.5 MHz;\n\n(b) 156.525 MHz;\n\n(c) 156.8 MHz;\n\n(d) 161.975 MHz;\n\n(e) 162.025 MHz.\n\n(2) This class licence authorises a person to operate a locating aid mentioned in paragraph 6(2)(d) if the person operates it on either, or both, of the following frequencies:\n\n(a) 161.975 MHz;\n\n(b) 162.025 MHz.\n\n(3) This class licence authorises a person to operate a locating aid mentioned in paragraph 6(2)(e) if the person operates it on a frequency within the frequency range 9200-9500 MHz.\n\n10 Condition — distress situation\n\n(1) A radiocommunications device mentioned in subsection 6(2) must only be operated:\n\n(a) to activate an emergency signal; and\n\n(b) in response to a distress situation.\n\n(2) A distress situation is one in which:\n\n(a) there is risk of imminent or grave danger of injury to, or death of, a person; and\n\n(b) the person requires immediate assistance.","sortOrder":0},{"sectionNumber":"11","sectionType":"section","heading":"Conditions — compliance with standards and equipment rules","content":"#### 11 Conditions – compliance with standards and equipment rules\n\n  (1) A person must not operate a radiocommunications device under this class licence unless the device complies with:\n    (a) if the device compliance day for the device occurs before the commencement of Part 1 of Schedule 4 to the Radiocommunications Legislation Amendment (Reform and Modernisation) Act 2020 – any standard applicable to it, as in force on the device compliance day;\n    (b) if the device compliance day for the device occurs on or after the day Part 1 of Schedule 4 to the Radiocommunications Legislation Amendment (Reform and Modernisation) Act 2020 commenced – any equipment rules applicable to it, as in force on the device compliance day.\n  (2) A person must not operate a radiocommunications device, or group of radiocommunications devices, under this class licence if the electromagnetic energy emitted by the device, or group of devices, exceeds the general public exposure limits specified in the ARPANSA Standard in a place accessible by the public.\n  (3) In paragraph (1)(a), standard has the meaning given by section 5 of the Act, as in force immediately before the commencement of Part 1 of Schedule 4 to the Radiocommunications Legislation Amendment (Reform and Modernisation) Act 2020.\n\n> 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.\n\n.","sortOrder":1}],"analysis":{"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":true,"description":"The authorised scope remains focused on search‑and‑rescue locating devices and distress signalling, but the compliance framework has shifted: obligations depend on the device's 'compliance day' and may require adherence to pre‑existing 'standards' or, after the cited legislative reform, to 'equipment rules'. Cross‑references permit the regulator to update technical requirements over time; the permitted uses themselves are not broadened beyond distress activation."},"complexity_factors":["Multiple device categories with device‑specific frequency authorisations (ss 6–9).","Strict operational limitation to bona fide distress situations (s 10) — factual judgment required by operators.","Dual compliance regime tied to 'device compliance day' that switches between historic 'standards' and newer 'equipment rules' (s 11(1)), referencing external amendment (Schedule 4 to Reform and Modernisation Act 2020).","Cross‑references to other legislative instruments and external standards (s 5A; notes) create dynamic, updateable obligations.","Technical electromagnetic exposure requirement referencing ARPANSA limits (s 11(2)) — requires technical testing or assurance.","Exclusion where an apparatus licence already authorises substantially the same purpose (s 6(3)) — interaction with other licences."],"plain_english_summary":"This class licence authorises people to operate specified emergency locating radiocommunications devices (satellite distress beacons, EPIRB‑AIS, MSLS, AIS‑SART, Radar‑SART) for search and rescue, subject to device‑type and frequency limits (see ss 6–9). Operation is allowed only to activate an emergency signal in a genuine distress situation (s 10). Devices must meet applicable technical standards or equipment rules and ARPANSA public‑exposure limits (s 11). Operators bear compliance costs; the regulator determines applicable standards/equipment rules by cross‑reference."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation appears focused on its original purpose of authorising emergency locating devices for search and rescue. The 2020 amendments referenced in section 11 represent a machinery change (replacing 'standards' with 'equipment rules') rather than an expansion of scope. The instrument remains tightly scoped to distress beacons and locating aids."},"complexity_factors":["Multiple nested conditions: operation authorised only if specific frequency requirements AND distress situation requirements are met","Temporal versioning in section 11: different compliance rules apply depending on whether 'device compliance day' occurred before or after commencement of Part 1 of Schedule 4 to the Radiocommunications Legislation Amendment (Reform and Modernisation) Act 2020","Cross-references to external legislation: references to COSPAS-SARSAT System, ARPANSA Standard, and the Radiocommunications Act 1992 (implied through 'the Act')","Defined terms used but not defined in this instrument: 'EPIRB-AIS', 'MSLS', 'AIS-SART', 'Radar-SART', 'COSPAS-SARSAT System', 'device compliance day', 'ARPANSA Standard'","Exception to exception structure: section 6(2)(a) excludes aircraft EPIRBs covered by a different class licence; section 6(3) excludes devices already covered by apparatus licences","Multiple frequency bands specified across different device types (406-406.1 MHz, 121.5 MHz, 243 MHz, 156.525 MHz, 156.8 MHz, 161.975 MHz, 162.025 MHz, 9200-9500 MHz)"],"plain_english_summary":"This class licence authorises use of emergency locating devices (e.g., satellite distress beacons, EPIRB‑AIS, MSLS, AIS‑SART/Radar‑SART) to transmit distress signals during genuine search‑and‑rescue situations. Devices must meet technical standards, use prescribed radio frequencies, and comply with public radiation limits.\n\nIt affects anyone owning or operating such beacons (boaters, hikers, etc.) and matters because, without it, lifesaving distress transmissions would be unlawful under Australia’s radiocommunications rules."}},"importantCases":[],"_links":{"self":"/api/acts/radiocommunications-emergency-locating-devices-class-licence-2016","history":"/api/acts/radiocommunications-emergency-locating-devices-class-licence-2016/history","analysis":"/api/acts/radiocommunications-emergency-locating-devices-class-licence-2016/analysis","conflicts":"/api/acts/radiocommunications-emergency-locating-devices-class-licence-2016/conflicts","importantCases":"/api/acts/radiocommunications-emergency-locating-devices-class-licence-2016/important-cases","documents":"/api/acts/radiocommunications-emergency-locating-devices-class-licence-2016/documents"}}