{"id":"F2023L01123","name":"Radiocommunications Licence Conditions (Scientific Licence) Determination 2023","slug":"radiocommunications-licence-conditions-scientific-licence-determination-2023","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104748,"registerId":"commonwealth-F2023L01123-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n  This is the Radiocommunications Licence Conditions (Scientific Licence) Determination 2023.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  This instrument commences at the start of the day after the day it is registered on the Federal Register of Legislation.\n\n> Note: The Federal Register of Legislation is available, free of charge, at [www.legislation.gov.au](http://www.legislation.gov.au).","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This instrument is made under subsection 110A(2) of the Act.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Repeal of the Radiocommunications Licence Conditions (Scientific Licence) Determination 2015","content":"#### 4 Repeal of the Radiocommunications Licence Conditions (Scientific Licence) Determination 2015\n\n  The Radiocommunications Licence Conditions (Scientific Licence) Determination 2015 (F2015L01284) is repealed.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"References to other instruments","content":"#### 5 References to other instruments\n\n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 existing, 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.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Application","content":"#### 6 Application\n\n  (1) Subject to subsection (3), every scientific licence is subject to the conditions specified in sections 7 and 8.\n\n> Note 1: A number of expressions used in this instrument are defined in the Act, including the following:\n\n    (a) equipment;\n    (b) radiocommunication;\n    (c) radiocommunications transmitter.\n\n> Note 2: Other expressions used in this instrument may be defined in a determination made under subsection 64(1) of the Australian Communications and Media Authority Act 2005, including:\n\n    (a) Act;\n    (b) scientific licence;\n    (c) scientific non assigned station.\n  (2) Subject to subsection (3), every scientific licence that authorises the operation of a scientific non assigned station is subject to the condition in section 9.\n  (3) If:\n    (a) a condition is specified in a scientific licence under paragraph 107(1)(g) of the Act, or imposed on the licence under paragraph 111(1)(a) of the Act; and\n    (b) that condition is inconsistent with a condition specified in this instrument;\n  then, to the extent of any inconsistency, the condition mentioned in paragraph (a) prevails.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Condition — purpose of operation","content":"#### 7 Condition – purpose of operation\n\n  A person must not operate a radiocommunications transmitter under a scientific licence unless the transmitter is operated primarily to perform one of the following:\n    (a) research into radiocommunications;\n    (b) investigation of radiocommunications;\n    (c) instruction in radiocommunications;\n    (d) demonstration of equipment;\n    (e) testing of equipment;\n    (f) trials of new radiocommunications technology;\n    (g) radio propagation path testing;\n    (h) repair and maintenance of the transmitter.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Condition — call sign","content":"#### 8 Condition – call sign\n\n  (1) A person must not operate a radiocommunications transmitter under a scientific licence except in accordance with subsection (2) or (3).\n  (2) A person operates a radiocommunications transmitter in accordance with this subsection if the person transmits the relevant call sign, or another form of identification that clearly identifies the radiocommunications transmitter, at the start of each transmission, or at the start of each series of transmissions.\n  (3) A person operates a station in accordance with this subsection if the station is operated:\n    (a) to transmit information that is inaudible; or\n    (b) using a mode of transmission such that it is not practicable to identify the station in accordance with subsection (2).\n  (4) In this section, relevant call sign, in relation to a scientific licence, means the call sign specified in the licence by the ACMA at the time the licence was issued.","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Conditions — non-assigned scientific licences","content":"#### 9 Conditions – non-assigned scientific licences\n\n  (1) If:\n    (a) a scientific licence was in force immediately before the commencement of this instrument; and\n    (b) the licence authorised the operation of a scientific non assigned station on the frequencies specified in the Radiocommunications Licence Conditions (Scientific Licence) Determination 2015, as in force immediately before the commencement of this instrument;\n  then:\n    (c) the licence is subject to each condition in Part 3 of the Radiocommunications Licence Conditions (Scientific Licence) Determination 2015, as in force immediately before the commencement of this instrument; and\n    (d) for the avoidance of doubt, the scientific non assigned station may only be operated under the licence on the frequencies specified for the operation of scientific non assigned stations in the Radiocommunications Licence Conditions (Scientific Licence) Determination 2015, as in force immediately before the commencement of this instrument, in accordance with the conditions that apply in relation to those frequencies in that instrument.\n  (2) Subsection (1) ceases to have effect after the end of the 12 month period commencing at the time this instrument commenced.\n\n> Note: From the commencement of the Radiocommunications (Science and Research) Class Licence 2023, the operation of scientific non assigned stations that were authorised by a scientific licence is authorised by that class licence. However, existing scientific licences for scientific non assigned stations, in force immediately before the commencement of this instrument, will continue in force until their expiry.","sortOrder":8}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation maintains its original narrow scope. It continues to prescribe conditions only for scientific licences under the Radiocommunications Act. The 2023 version is a straightforward remake with minor updates to reflect the new class licence framework, not an expansion of regulatory reach."},"complexity_factors":["Short instrument: only 9 sections covering specific licence conditions","Minimal defined terms: relies on definitions in the parent Act (Radiocommunications Act 1992) and related determinations rather than creating extensive local definitions","Simple conditional structure: primarily straightforward prohibitions ('must not') with basic exceptions in subsections (2) and (3) of section 8","Single cross-reference complexity: section 9 contains a nested reference to the repealed 2015 Determination for transitional arrangements, creating a temporary dual-regime during the 12-month grandfathering period","No exceptions to exceptions: the hierarchy of conditions in section 6(3) is clearly stated (licence-specific conditions prevail over Determination conditions)"],"plain_english_summary":"This Determination sets out the rules for scientific licences under the Radiocommunications Act 1992, governing use of radio transmitters for research, testing and demonstrations. It affects researchers, institutions and the ACMA by defining permitted purposes, requiring on-air identification when possible, and providing a 12‑month transition for existing licences into a new class‑licence system.\n\nIt replaces the 2015 instrument and aims to protect other spectrum users while letting scientists trial and develop radio technologies with minimal disruption."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This instrument repeals the 2015 Determination and replaces it with a shorter set of licence conditions (purpose and call sign rules), while temporarily preserving the 2015 Part 3 conditions for existing scientific non‑assigned stations for 12 months (s4, s7–s9). That creates a change in ongoing regulatory scope, with a transitional overlap period for certain existing licences (s9)."},"complexity_factors":["Cross-references to the Radiocommunications Act and other instruments (s3, s5) increase interpretative steps for users.","Interplay between instrument-wide conditions and licence-specific conditions where licence conditions prevail in cases of inconsistency (s6(3)) creates a priority rule to check.","Defined-term dependence — several key terms (scientific licence, scientific non assigned station, equipment, transmitter) rely on external definitions in the Act or other determinations (notes to s6).","Operational restrictions are expressed as a closed list of permitted purposes (s7); assessing compliance requires mapping activity to those purposes.","Identification requirement with exceptions (s8(2)–(4)) introduces factual inquiry about mode of transmission and practicability of identification.","Transitional regime for existing non-assigned stations retains previous Part 3 conditions for 12 months (s9(1)–(2)), requiring administrators and licensees to track which rule set applies over time."],"plain_english_summary":"Replaces the 2015 scientific‑licence conditions and sets new mandatory conditions for all scientific radiocommunications licences. Licence‑holders must operate transmitters only for specified research, testing, instruction or maintenance purposes and identify stations by an ACMA‑issued call sign (with limited exceptions). ACMA can specify or add inconsistent licence‑specific conditions that prevail. Existing scientific non‑assigned stations remain subject to the old Part 3 conditions for 12 months."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/radiocommunications-licence-conditions-scientific-licence-determination-2023","history":"/api/acts/radiocommunications-licence-conditions-scientific-licence-determination-2023/history","analysis":"/api/acts/radiocommunications-licence-conditions-scientific-licence-determination-2023/analysis","conflicts":"/api/acts/radiocommunications-licence-conditions-scientific-licence-determination-2023/conflicts","importantCases":"/api/acts/radiocommunications-licence-conditions-scientific-licence-determination-2023/important-cases","documents":"/api/acts/radiocommunications-licence-conditions-scientific-licence-determination-2023/documents"}}