{"id":"F2025L00389","name":"Radiocommunications Licence Conditions (Transmitter Licence) Determination 2025","slug":"radiocommunications-licence-conditions-transmitter-licence-determination-2025","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106195,"registerId":"commonwealth-F2025L00389-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1 Preliminary","sectionType":"section","heading":"Part 1 Preliminary","content":"#### Part 1 Preliminary\n\n#### 1 Name\n\n  This is the Radiocommunications Licence Conditions (Transmitter Licence) Determination 2025.\n\n#### 2 Commencement\n\n  This instrument commences on 31 March 2025.\n\n#### 3 Authority\n\n  This instrument is made under subsection 110A(2) of the Act.\n\n#### 4 Repeal\n\n  The Radiocommunications Licence Conditions (Apparatus Licence) Determination 2015 (F2015L00210) is repealed.\n\n#### 5 Application\n\n  (1) Subject to subsection (2), every transmitter licence is subject to the conditions in this instrument.\n\n> Note 1: A person is required, when operating a radiocommunications device under an apparatus licence, to comply with any conditions of the licence (see subsection 97(4) and section 113 of the Act). By this instrument, the ACMA has determined that each transmitter licence is taken to include licence conditions that ensure that electromagnetic radiation emitted by a radiocommunications transmitter operated by a person under a transmitter licence does not exceed safe levels for general public exposure.\n\n> Note 2: The ACMA may obtain information or documents under section 284S of the Act that relate to compliance or non-compliance with the conditions in this instrument.\n\n  (2) If:\n    (a) a condition is specified in a transmitter 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.\n\n#### 6 Interpretation\n\n  (1) In this instrument, unless the contrary intention appears:\n\n> ABN has the meaning given by section 41 of the A New Tax System (Australian Business Number) Act 1999.\n\n> ACN has the meaning given by section 9 of the Corporations Act 2001.\n\n> ARBN has the meaning given by section 9 of the Corporations Act 2001.\n\n> AS 2772.2 means the former Australian Standard AS 2772.2-1988 Radiofrequency radiation Part 2: Principles and methods of measurement—300 kHz to 100 GHz, published by Standards Australia.\n\nNote: AS 2772.2 may be obtained, for a fee, directly from the website of Standards Australia or a distributor listed on the Standards Australia website: www.standards.org.au. AS 2772.2 is also available to be viewed, on prior request, at an ACMA office, subject to licensing conditions.\n\n> AS/NZS 2772.1 means the former Australian/New Zealand Standard AS/NZS 2772.1 (Int):1998 Radiofrequency fields Part 1: Maximum exposure levels—3 kHz to 300 GHz, published by Standards Australia and Standards New Zealand.\n\nNote: AS/NZS 2772.1 may be obtained, for a fee, directly from the website of Standards Australia or a distributor listed on the Standards Australia website: www.standards.org.au. AS/NZS 2772.1 is also available to be viewed, on prior request, at an ACMA office, subject to licensing conditions.\n\n> AS/NZS 2772.2 means:\n\n    (a) the document titled ‘AS/NZS 2772.2:2016 – Radiofrequency fields, Part 2: Principles and methods of measurement and computation – 3 kHz to 300 GHz’, published by Standards Australia; or\n    (b) if a later document published by Standards Australia is expressed to replace the document mentioned in paragraph (a) – the later document.\n\nNote: AS/NZS 2772.2 may be obtained, for a fee, directly from the website of Standards Australia or a distributor listed on the Standards Australia website: www.standards.org.au. AS/NZS 2772.2 is also available to be viewed, on prior request, at an ACMA office, subject to licensing conditions.\n\n> AS/NZS IEC 62232 means:\n\n    (a) the document titled ‘AS/NZS IEC 62232:2023 – Determination of RF field strength, power density and SAR in the vicinity of base stations for the purpose of evaluating human exposure’, published by Standards Australia; or\n    (b) if a later document published by Standards Australia is expressed to replace the document mentioned in paragraph (a) – the later document.\n\nNote: AS/NZS IEC 62232 may be obtained, for a fee, directly from the website of Standards Australia or a distributor listed on the Standards Australia website: www.standards.org.au. AS/NZS IEC 62232 is also available to be viewed, on prior request, at an ACMA office, subject to licensing conditions.\n\n> Aware User has the meaning given by paragraph 5.1.1(c) of the ARPANSA Standard.\n\n> C95.3 means:\n\n    (a) the document titled ‘IEEE C95.3:2021 – IEEE Recommended Practice for Measurements and Computations of Electric, Magnetic, and Electromagnetic Fields with Respect to Human Exposure to Such Fields, 0 Hz to 300 GHz’, published by the Institute of Electrical and Electronics Engineers; or\n    (b) if a later document published by the Institute of Electrical and Electronics Engineers is expressed to replace the document mentioned in paragraph (a) – the later document.\n\nNote: C95.3 may be obtained, free of charge, from the website of the Institute of Electrical and Electronics Engineers: standards.ieee.org.\n\n> Controlled Area has the meaning given by section 5.1.2 of the ARPANSA Standard.\n\n> Controlled Area Worker has the meaning given by paragraph 5.1.1(b) of the ARPANSA Standard.\n\n> emission designator has the meaning given by:\n\n(a) the Radiocommunications (Interpretation – Technical Framework) Determination 2024; or\n\n(b) if a later instrument replaces that determination and defines the expression – the later instrument.\n\n> far field, of an antenna, means the region at distances from the antenna greater than the larger of:\n\n    (a) 2D2/λ; and\n    (b) 0.5 λ;\n    where:\n    “λ” (wavelength) means the wavelength of the transmissions from the antenna;\n    “D” (dimension) means the maximum lineal dimension of the antenna.\n\n> IEC 62232 means:\n\n    (a) the document titled ‘IEC 62232:2022 – Determination of RF field strength, power density and SAR in the vicinity of base stations for the purpose of evaluating human exposure’, published by the International Electrotechnical Commission; or\n    (b) if a later document published by the International Electrotechnical Commission is expressed to replace the document mentioned in paragraph (a) – the later document.\n\nNote: IEC 62232 may be obtained, for a fee, directly from the website of Standards Australia or a distributor listed on the Standards Australia website: www.standards.org.au. IEC 62232 is also available to be viewed, on prior request, at an ACMA office, subject to licensing conditions.\n\n> IEC 62577 means:\n\n    (a) the document titled ‘IEC 62577:2009 – Evaluation of human exposure to electromagnetic fields from a stand-alone broadcast transmitter (30 MHz – 40 GHz)’, published by the International Electrotechnical Commission; or\n    (b) if a later document published by the International Electrotechnical Commission is expressed to replace the document mentioned in paragraph (a) – the later document.\n\nNote: IEC 62577 may be obtained, for a fee, directly from the website of Standards Australia or a distributor listed on the Standards Australia website: www.standards.org.au. IEC 62577 is also available to be viewed, on prior request, at an ACMA office, subject to licensing conditions.\n\n> member of the general public means a person other than:\n\n    (a) an Aware User; or\n    (b) in relation to a Controlled Area – a Controlled Area Worker for the Controlled Area; or\n    (c) an RF Worker; or\n    (d) in relation to a Controlled Area – a Supervised Visitor to the Controlled Area.\n\n> NATA means the National Association of Testing Authorities Australia (ACN 004 379 748).\n\n> NATA‑accredited body means a body accredited by NATA to assess or measure RF field strength levels in accordance with AS 2772.2 or AS/NZS 2772.2.\n\n> receiver means a radiocommunications receiver.\n\n> reference levels has the meaning given by sections 2 and 3 of the ARPANSA Standard.\n\n> RF field means a physical field, which specifies the electric and magnetic states of a medium or free space, quantified by vectors representing the electric field strength and the magnetic field strength.\n\n> RF Worker has the meaning given by paragraph 5.1.1(a) of the ARPANSA Standard.\n\n> Standards Australia means Standards Australia Limited (ACN 087 326 690).\n\n> Standards New Zealand means NZ Standards Organisation, New Zealand's national standards body.\n\n> Supervised Visitor has the meaning given by paragraph 5.1.1(d) of the ARPANSA Standard.\n\n> Note 1: A number of other expressions used in this instrument are defined in the Act, including the following:\n\n    (a) ACMA;\n    (b) inspector;\n    (c) interference;\n    (d) operate;\n    (e) radiocommunications device;\n    (f) radiocommunications receiver;\n    (g) radiocommunications transmitter;\n    (h) transmitter licence.\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 that applies to this instrument, including:\n\n    (a) Act;\n    (b) ARPANSA Standard;\n    (c) EIRP;\n    (d) mobile station;\n    (e) point to point station;\n    (f) space licence;\n    (g) station.\n  (2) A term that is:\n    (a) used (but not defined) in this instrument; and\n    (b) defined in the Glossary of the ARPANSA Standard;\n    has the meaning given by that Glossary.\n\n> Note: The ARPANSA Standard is available, free of charge, from the website of the Australian Radiation Protection and Nuclear Safety Agency at www.arpansa.gov.au.\n\n  (3) In this instrument, unless the contrary intention appears, a reference to a part of the spectrum or frequency band includes all frequencies that are greater than but not including the lower frequency, up to and including the higher frequency.\n\n> Note: This means the lower number in the reference to the part of the spectrum or frequency band is not included in the part or band.\n\n#### 7 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.\n\n  \n\n#### Part 2 Operation of transmitters – general condition\n\n#### 8 Condition – permitted communications\n\n  A person must operate a radiocommunications transmitter only to communicate with a station or receiver with which the person or transmitter is permitted by the conditions of the licence to communicate, unless:\n    (a) the transmission of a message is in relation to a distress or emergency situation; or\n    (b) the person is authorised, in writing, by the ACMA or an inspector, to communicate with another station or receiver in relation to the investigation of interference.\n\n  \n\n#### Part 3 Operation of transmitters – electromagnetic radiation requirements\n\n#### 9 Application of Part 3\n\n  (1) The conditions in this Part do not apply to the operation, by a person, of:\n    (a) a radiocommunications transmitter under a space licence; or\n    (b) a compliant mobile station.\n  (2) For the purposes of paragraph (1)(b), a mobile station is a compliant mobile station if:\n    (a) clause 3 of Schedule 4 to the Radiocommunications Equipment (General) Rules 2021 prescribes a standard for the mobile station; and\n    (b) the mobile station complies with that standard; and\n    (c) the mobile station is not a device mentioned in section 53 of the Radiocommunications Equipment (General) Rules 2021.\n\n> Note 1: The Radiocommunications Equipment (General) Rules 2021 are available, free of charge, from the Federal Register of Legislation at www.legislation.gov.au.\n\n> Note 2: For the purposes of paragraph (1)(b), a mobile station is only a compliant mobile station if it meets the electromagnetic energy (EME) standard set out in clause 3 of Schedule 4 to the Radiocommunications Equipment (General) Rules 2021 and if its operation is not exempt from the EME standard under section 53 of that instrument.\n\n#### 10 Condition – compliance with electromagnetic energy standard\n\n  Condition – general case\n  (1) A person must not operate a radiocommunications transmitter if the RF field produced by the transmitter exceeds the reference levels for general public exposure at a place accessible to a member of the general public.\n\n> Note: Examples: The following are examples of a type of place that is accessible to a member of the general public:\n\n    (a) a private residence;\n    (b) a public park;\n    (c) a building roof top with a transmitter antenna located on the roof top, where access is not restricted by the site manager or operator.\n  Measuring compliance with the condition\n  (2) For purposes of subsection 11(3), subsection 12(2) and paragraph 14(2)(b):\n    (a) if the radiocommunications transmitter operates on a frequency in the 10 MHz to 30 MHz frequency band, only one of the following properties needs to be measured or calculated to show compliance with subsection (1) at places in the far field of the antenna:\n    (i) incident electric field strength;\n    (ii) incident magnetic field strength; or\n    (b) if the radiocommunications transmitter operates on a frequency in the 30 MHz to 2 GHz frequency band, only one of the following properties needs to be measured or calculated to show compliance with subsection (1) at places in the far field of the antenna:\n    (i) incident electric field strength;\n    (ii) incident magnetic field strength;\n    (iii) incident power density; or\n    (c) if the transmitter operates on a frequency greater than 2 GHz, only the incident power density needs to be measured or calculated to show compliance with subsection (1) at places in the far field of the antenna.\n  (3) In subsection (2), each of the following terms has the same meaning as in the ARPANSA Standard:\n    (a) incident electric field strength;\n    (b) incident magnetic field strength;\n    (c) incident power density.\n  Condition – simultaneous transmissions\n  (4) A person must not operate a radiocommunications transmitter to transmit simultaneously on multiple frequencies, unless the transmitter meets the requirements specified in section 3 (Simultaneous exposure to multiple frequency fields) of the ARPANSA Standard.\n\n#### 11 Presumption about compliance with the condition in subsection 10(1) – low risk transmitters\n\n  Application\n  (1) This section applies to a radiocommunications transmitter (other than a mobile station):\n    (a) for which:\n    (i) the average total power supplied by the transmitter to all antennas fed by the transmitter is not more than 100 W; and\n    (ii) each antenna fed by the transmitter is installed so that it is inaccessible to a member of the general public; or\n    (b) for which:\n    (i) the bottom of the lowest antenna fed by the transmitter is at least 10 m above ground level; and\n    (ii) the average total EIRP of all antennas fed by the transmitter is not more than 3200 W in any direction; or\n    (c) that is a point to point station operating on a frequency greater than 1 GHz.\n\n> Note: Examples: For subparagraph (a)(ii), the following are examples of a type of place that is inaccessible to a member of the general public:\n\n    (a) the area around an antenna that is fenced and where entry is through a locked gate;\n    (b) the area around a tower where the tower cannot be climbed except by the use of an external aid.\n  (2) This section also applies to a mobile station for which the average total power supplied by the station to all antennas fed by the station is not more than 100 W.\n  Presumption\n  (3) A person is presumed, unless the contrary is proved, not to have operated a radiocommunications transmitter in contravention of the condition in subsection 10(1) if the person has a document that:\n    (a) sets out the measurements or calculations for the transmitter specified in subsection 10(2); and\n    (b) those measurements or calculations are to the effect that the operation of the transmitter complies with subsection 10(1).\n\n#### 12 Condition – measurements or calculations of electromagnetic energy – higher risk transmitters\n\n  Application\n\n  This section applies to a radiocommunications transmitter other than a radiocommunications transmitter mentioned in subsection 11(1) or 11(2).\n\n  Condition – general requirement to measure or calculate RF fields\n  (2) Subject to subsections (3), (4) and (5), a person must not operate a radiocommunications transmitter unless the person has measured or calculated the RF fields produced by the transmitter in accordance with one of the following:\n    (a) if AS/NZS 2772.2 applies in relation to the transmitter – AS/NZS 2772.2;\n    (b) if AS/NZS IEC 62232 applies in relation to the transmitter – AS/NZS IEC 62232;\n    (c) if C95.3 applies in relation to the transmitter – C95.3;\n    (d) if IEC 62232 applies in relation to the transmitter – IEC 62232;\n    (e) if IEC 62577 applies in relation to the transmitter – IEC 62577.\n\n> Note: A record of measurements or calculations made under this subsection must be kept (see paragraph 17(1)(d)).\n\n  Measurements and calculations made before 31 March 2025\n  (3) A person is taken to comply with subsection (2) if:\n    (a) the person complied, or was taken to have complied, with the former measurement provision before 31 March 2025; and\n    (b) in the period commencing when the person complied, or was taken to have complied, with the former measurement provision and ending immediately before 31 March 2025, the person had kept a record of any assessments, measurements or calculations made to comply, or to be taken to have complied, with the former measurement provision.\n\n> Note: Any such record of measurements or calculations must continue to be kept after 31 March 2025 (see paragraph 17(1)(e)).\n\n  Measurements and calculations made before relevant document amended\n  (4) If a relevant document is amended after 31 March 2025, a person is taken to comply with subsection (2) if the person measured or calculated RF fields produced by a radiocommunications transmitter, in accordance with the relevant document as existing immediately before it was amended, in the period:\n    (a) commencing on 31 March 2025; and\n    (b) ending immediately before the relevant document was amended.\n\n> Note: A record of such measurements or calculations must be kept (see paragraph 17(1)(d)).\n\n  Measurements and calculations made after relevant document amended\n  (5) If a relevant document is amended after 31 March 2025, a person is taken to comply with subsection (2) if the person measured or calculated RF fields produced by a radiocommunications transmitter, in accordance with the relevant document as existing immediately before it was amended, in the period:\n    (a) commencing when the relevant document was amended; and\n    (b) ending on the first anniversary of the day the relevant document was amended.\n\n> Note: A record of such measurements or calculations must be kept (see paragraph 17(1)(d)).\n\n  Definitions\n  (6) In this section:\n\nformer measurement provision means subsection 10(2) of the Radiocommunications Licence Conditions (Apparatus Licence) Determination 2015 as in force immediately before 31 March 2025.\n\n> Note: The Radiocommunications Licence Conditions (Apparatus Licence) Determination 2015, as in force immediately before 31 March 2025, is available, free of charge, from the Federal Register of Legislation at www.legislation.gov.au.\n\nrelevant document means each of the following:\n\n    AS/NZS 2772.2;\n    AS/NZS IEC 62232;\n\n    (c) C95.3;\n    (d) IEC 62232;\n    (e) IEC 62577.\n\n#### 13 Condition – requirement to reassess installed transmitter after change\n\n  (1) If a radiocommunications transmitter to which section 11 has applied is changed so that section 11 no longer applies to the transmitter, the transmitter must be assessed in accordance with section 12 from the time the change occurs.\n  (2) Without limiting subsection (1), in this section a change to a radiocommunications transmitter includes the following:\n    (a) moving the transmitter to a different site;\n    (b) altering the amount of power fed to the transmitter’s antennas;\n    (c) changing the characteristics of any of the transmitter’s antennas, including an antenna’s:\n    (i) gain; or\n    (ii) size; or\n    (iii) height above the ground or other accessible surface; or\n    (iv) tilt;\n    (d) altering the transmitter’s emission designator.\n\n#### 14 Multi-transmitter sites\n\n  Application\n  (1) This section applies to a person that operates a radiocommunications transmitter on a site that has more than one radiocommunications transmitter.\n  Presumption\n  (2) A person is presumed, unless the contrary is proved, not to have operated a radiocommunications transmitter in contravention of the condition in subsection 10(1) if:\n    (a) the person has made the measurements or calculations specified in subsection 12(2), for all the transmitters at the site, as a whole; and\n    (b) those measurements or calculations are to the effect that the operation of all those transmitters, as a whole, would comply with subsection 10(1); and\n    (c) the person has retained possession of documentation setting out those measurements or calculations at all times since those measurements or calculations were made.\n  (3) A person that keeps documentation referred to in paragraph 14(2)(c) in relation to a radiocommunications transmitter is taken to have complied with paragraph 17(1)(d) in relation to the transmitter.\n\n> Note: Paragraph 17(1)(d) deals with records containing results and methods of assessments under section 12.\n\n#### 15 Compliance documentation obtained before 1 March 2003 – exception to ARPANSA Standard\n\n  Application\n  (1) This section applies to a person that, before 1 March 2003, obtained documentation showing that:\n    (a) the RF field produced by a radiocommunications transmitter operated under a transmitter licence did not exceed the exposure levels mentioned in sections 6.3, 6.7 and 6.8 of AS/NZS 2772.1, as existing at the time the documentation was obtained, at a place accessible to a member of the general public; and\n    (b) the RF field was:\n    (i) measured in accordance with AS 2772.2, as existing at the time the RF field was measured; or\n    (ii) calculated using a model or method that was derived from the mathematical formulae mentioned in Appendix B to AS 2772.2, as existing at the time the RF field was calculated.\n  Low risk transmitters\n  (2) Subject to subsection (7), a person that:\n    (a) operates a radiocommunications transmitter to which subsection 11(1) applies; and\n    (b) operates the transmitter on a site where there is no other radiocommunications transmitter; and\n    (c) keeps the documentation mentioned in subsection (1) in relation to the transmitter;\n  is taken not to operate the transmitter in contravention of the condition in subsection 10(1).\n  Higher risk transmitters\n  (3) Subject to subsection (7), a person that:\n    (a) operates a radiocommunications transmitter to which subsection 12(1) applies; and\n    (b) operates the transmitter on a site where there is no other radiocommunications transmitter; and\n    (c) keeps the documentation mentioned in subsection (1) in relation to that transmitter;\n  is taken to have made the measurement or calculation mentioned in subsection 12(2) in relation to the transmitter.\n  (4) A person that:\n    (a) operates a radiocommunications transmitter to which subsection 12(1) applies; and\n    (b) keeps the documentation mentioned in subsection (1) in relation to that transmitter;\n  is taken to have complied with paragraph 17(1)(d) in relation to that transmitter.\n  Multi-transmitter sites\n  (5) Subject to subsection (7), a person that:\n    (a) operates a radiocommunications transmitter on a site with more than one radiocommunications transmitter; and\n    (b) keeps the documentation mentioned in subsection (1) in relation to that transmitter that:\n    (i) includes the results of a measurement or calculation mentioned in paragraph (1)(b); and\n    (ii) shows that the transmitters on the site, taken as a whole, do not exceed the exposure levels mentioned in sections 6.3, 6.7 and 6.8 of AS/NZS 2772.1, as existing at the time the documentation was obtained, at a place accessible to a member of the general public;\n  is taken not to operate the transmitter in contravention of the condition in subsection 10(1).\n  (6) A person that:\n    (a) operates a radiocommunications transmitter on a site with more than one radiocommunications transmitter; and\n    (b) keeps the documentation mentioned in paragraph (5)(b) in relation to that transmitter;\n  is taken to have complied with paragraph 17(1)(d) in relation to that transmitter.\n  When exception ceases to apply\n  (7) Subsections (2), (3) and (5) cease to apply to a person if there has been a change at the site after the documentation mentioned in the relevant subsection was obtained.\n  (8) Without limiting subsection (7), in this section, a change at a site includes the following:\n    (a) a change in the number of radiocommunications transmitters at the site;\n    (b) altering the amount of power fed to any of the antennas of a radiocommunications transmitter at the site;\n    (c) changing the characteristics of any of those antennas, including an antenna’s:\n    (i) gain; or\n    (ii) size; or\n    (iii) height above the ground or other accessible surface; or\n    (iv) tilt;\n    (d) altering the emission designator of a radiocommunications transmitter at the site.\n  Definitions\n  (9) Despite subsection 6(1), in this section:\n\nmember of the general public means a person who is not an RF worker.\n\nRF worker means a person who may be exposed to RF fields under controlled conditions, in the course of and intrinsic to the nature of their work.\n\n  \n\n#### Part 4 Record-keeping for higher risk transmitters\n\n#### 16 Application of Part 4\n\n  This Part applies to a radiocommunications transmitter to which section 12 applies.\n\n#### 17 Condition – record-keeping\n\n  (1) A person must keep the following records in relation to a radiocommunications transmitter:\n    (a) a declaration of conformity, for the transmitter, that includes the information mentioned in subsection (2);\n    (b) the name and qualifications of any person who has assessed the transmitter for compliance with this instrument;\n    (c) the dates of any assessments;\n    (d) a record of the measurements or calculations made for the purposes of section 12;\n    (e) if subsection 12(3) applies in relation to the transmitter – a record mentioned in that subsection;\n    (f) the documentation mentioned in subsection 15(1) (if any) obtained by the person;\n    (g) details of the transmitter, including its power level, gain, size, tilt, manufacturer, model number and emission designator.\n  (2) For paragraph (1)(a), the information is:\n    (a) the person’s name, address, ABN (if any), and, if the person is a body corporate, one of the following:\n    (i) ACN (if any);\n    (ii) ARBN (if any);\n    (iii) incorporation or registration number under the law by which the body was incorporated; and\n    (b) details of the transmitter, including its location, antenna type and height above the ground or other accessible surface; and\n    (c) a statement that the RF field produced by the transmitter meets the requirements of subsection 10(1); and\n    (d) if the person is a body corporate – the name and position of the person making the declaration on behalf of the body corporate.\n\n> Note: Giving false or misleading information is a serious offence under section 137.1 of the Criminal Code.\n\n  (3) If a matter included in a declaration made for the purposes of paragraph (1)(a) changes or becomes incorrect, a new declaration must be made.\n  (4) For the purposes of subsection (1), a record:\n    (a) must be kept until the licence ceases to be in force; and\n    (b) must be available for inspection by the ACMA at a place nominated by the ACMA, or by a method nominated by the ACMA, after consultation with the person; and\n    (c) must be kept in English; and\n    (d) may be a copy of an original record; and\n    (e) may be kept in electronic form.\n  (5) Without limiting paragraph (4)(b), the place may be:\n    (a) the person’s street address, in Australia, provided on the licence application; or\n    (b) for a site on which more than one radiocommunications transmitter is located – at the street address of the site.\n\n#### 18 Condition – dispute over reliability of evaluation provided in compliance documentation\n\n  Request for report\n  (1) If the ACMA is not satisfied that a radiocommunications transmitter complies with section 10, the ACMA may, in writing, request the person:\n    (a) to have the transmitter assessed by a NATA-accredited body for compliance with section 10; and\n    (b) to obtain a report setting out whether or not the transmitter complies; and\n    (c) provide the report to the ACMA.\n  (2) Before giving a request under subsection (1) in relation to a radiocommunications transmitter, the ACMA must have regard to each of the following:\n    (a) the location of the transmitter, and whether the transmitter is in a place that is accessible to a member of the general public;\n    (b) the nature of the transmitter;\n    (c) the level of power of the transmitter.\n  Condition – compliance with request\n  (3) Subject to subsection (4), a person must comply with a request under subsection (1) within 30 days after the date of the request.\n  (4) The ACMA may extend the time for compliance with a request under subsection (1).\n\n#### 19 Condition – use of agent\n\n  Application\n  (1) This section applies if a person uses an agent:\n    (a) to ensure that a radiocommunications transmitter complies with this instrument; and\n    (b) to keep documents that the person is required to keep under this instrument.\n  Condition\n  (2) The person and the agent must keep a copy of the agency agreement for the same period that records must be kept under this instrument.","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n  This is the Radiocommunications Licence Conditions (Transmitter Licence) Determination 2025.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  This instrument commences on 31 March 2025.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This instrument is made under subsection 110A(2) of the Act.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Repeal","content":"#### 4 Repeal\n\n  The Radiocommunications Licence Conditions (Apparatus Licence) Determination 2015 (F2015L00210) is repealed.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Application","content":"#### 5 Application\n\n  (1) Subject to subsection (2), every transmitter licence is subject to the conditions in this instrument.\n\n> Note 1: A person is required, when operating a radiocommunications device under an apparatus licence, to comply with any conditions of the licence (see subsection 97(4) and section 113 of the Act). By this instrument, the ACMA has determined that each transmitter licence is taken to include licence conditions that ensure that electromagnetic radiation emitted by a radiocommunications transmitter operated by a person under a transmitter licence does not exceed safe levels for general public exposure.\n\n> Note 2: The ACMA may obtain information or documents under section 284S of the Act that relate to compliance or non-compliance with the conditions in this instrument.\n\n  (2) If:\n    (a) a condition is specified in a transmitter 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":"6","sectionType":"section","heading":"Interpretation","content":"#### 6 Interpretation\n\n  (1) In this instrument, unless the contrary intention appears:\n\n> ABN has the meaning given by section 41 of the A New Tax System (Australian Business Number) Act 1999.\n\n> ACN has the meaning given by section 9 of the Corporations Act 2001.\n\n> ARBN has the meaning given by section 9 of the Corporations Act 2001.\n\n> AS 2772.2 means the former Australian Standard AS 2772.2-1988 Radiofrequency radiation Part 2: Principles and methods of measurement—300 kHz to 100 GHz, published by Standards Australia.\n\nNote: AS 2772.2 may be obtained, for a fee, directly from the website of Standards Australia or a distributor listed on the Standards Australia website: www.standards.org.au. AS 2772.2 is also available to be viewed, on prior request, at an ACMA office, subject to licensing conditions.\n\n> AS/NZS 2772.1 means the former Australian/New Zealand Standard AS/NZS 2772.1 (Int):1998 Radiofrequency fields Part 1: Maximum exposure levels—3 kHz to 300 GHz, published by Standards Australia and Standards New Zealand.\n\nNote: AS/NZS 2772.1 may be obtained, for a fee, directly from the website of Standards Australia or a distributor listed on the Standards Australia website: www.standards.org.au. AS/NZS 2772.1 is also available to be viewed, on prior request, at an ACMA office, subject to licensing conditions.\n\n> AS/NZS 2772.2 means:\n\n    (a) the document titled ‘AS/NZS 2772.2:2016 – Radiofrequency fields, Part 2: Principles and methods of measurement and computation – 3 kHz to 300 GHz’, published by Standards Australia; or\n    (b) if a later document published by Standards Australia is expressed to replace the document mentioned in paragraph (a) – the later document.\n\nNote: AS/NZS 2772.2 may be obtained, for a fee, directly from the website of Standards Australia or a distributor listed on the Standards Australia website: www.standards.org.au. AS/NZS 2772.2 is also available to be viewed, on prior request, at an ACMA office, subject to licensing conditions.\n\n> AS/NZS IEC 62232 means:\n\n    (a) the document titled ‘AS/NZS IEC 62232:2023 – Determination of RF field strength, power density and SAR in the vicinity of base stations for the purpose of evaluating human exposure’, published by Standards Australia; or\n    (b) if a later document published by Standards Australia is expressed to replace the document mentioned in paragraph (a) – the later document.\n\nNote: AS/NZS IEC 62232 may be obtained, for a fee, directly from the website of Standards Australia or a distributor listed on the Standards Australia website: www.standards.org.au. AS/NZS IEC 62232 is also available to be viewed, on prior request, at an ACMA office, subject to licensing conditions.\n\n> Aware User has the meaning given by paragraph 5.1.1(c) of the ARPANSA Standard.\n\n> C95.3 means:\n\n    (a) the document titled ‘IEEE C95.3:2021 – IEEE Recommended Practice for Measurements and Computations of Electric, Magnetic, and Electromagnetic Fields with Respect to Human Exposure to Such Fields, 0 Hz to 300 GHz’, published by the Institute of Electrical and Electronics Engineers; or\n    (b) if a later document published by the Institute of Electrical and Electronics Engineers is expressed to replace the document mentioned in paragraph (a) – the later document.\n\nNote: C95.3 may be obtained, free of charge, from the website of the Institute of Electrical and Electronics Engineers: standards.ieee.org.\n\n> Controlled Area has the meaning given by section 5.1.2 of the ARPANSA Standard.\n\n> Controlled Area Worker has the meaning given by paragraph 5.1.1(b) of the ARPANSA Standard.\n\n> emission designator has the meaning given by:\n\n(a) the Radiocommunications (Interpretation – Technical Framework) Determination 2024; or\n\n(b) if a later instrument replaces that determination and defines the expression – the later instrument.\n\n> far field, of an antenna, means the region at distances from the antenna greater than the larger of:\n\n    (a) 2D2/λ; and\n    (b) 0.5 λ;\n    where:\n    “λ” (wavelength) means the wavelength of the transmissions from the antenna;\n    “D” (dimension) means the maximum lineal dimension of the antenna.\n\n> IEC 62232 means:\n\n    (a) the document titled ‘IEC 62232:2022 – Determination of RF field strength, power density and SAR in the vicinity of base stations for the purpose of evaluating human exposure’, published by the International Electrotechnical Commission; or\n    (b) if a later document published by the International Electrotechnical Commission is expressed to replace the document mentioned in paragraph (a) – the later document.\n\nNote: IEC 62232 may be obtained, for a fee, directly from the website of Standards Australia or a distributor listed on the Standards Australia website: www.standards.org.au. IEC 62232 is also available to be viewed, on prior request, at an ACMA office, subject to licensing conditions.\n\n> IEC 62577 means:\n\n    (a) the document titled ‘IEC 62577:2009 – Evaluation of human exposure to electromagnetic fields from a stand-alone broadcast transmitter (30 MHz – 40 GHz)’, published by the International Electrotechnical Commission; or\n    (b) if a later document published by the International Electrotechnical Commission is expressed to replace the document mentioned in paragraph (a) – the later document.\n\nNote: IEC 62577 may be obtained, for a fee, directly from the website of Standards Australia or a distributor listed on the Standards Australia website: www.standards.org.au. IEC 62577 is also available to be viewed, on prior request, at an ACMA office, subject to licensing conditions.\n\n> member of the general public means a person other than:\n\n    (a) an Aware User; or\n    (b) in relation to a Controlled Area – a Controlled Area Worker for the Controlled Area; or\n    (c) an RF Worker; or\n    (d) in relation to a Controlled Area – a Supervised Visitor to the Controlled Area.\n\n> NATA means the National Association of Testing Authorities Australia (ACN 004 379 748).\n\n> NATA‑accredited body means a body accredited by NATA to assess or measure RF field strength levels in accordance with AS 2772.2 or AS/NZS 2772.2.\n\n> receiver means a radiocommunications receiver.\n\n> reference levels has the meaning given by sections 2 and 3 of the ARPANSA Standard.\n\n> RF field means a physical field, which specifies the electric and magnetic states of a medium or free space, quantified by vectors representing the electric field strength and the magnetic field strength.\n\n> RF Worker has the meaning given by paragraph 5.1.1(a) of the ARPANSA Standard.\n\n> Standards Australia means Standards Australia Limited (ACN 087 326 690).\n\n> Standards New Zealand means NZ Standards Organisation, New Zealand's national standards body.\n\n> Supervised Visitor has the meaning given by paragraph 5.1.1(d) of the ARPANSA Standard.\n\n> Note 1: A number of other expressions used in this instrument are defined in the Act, including the following:\n\n    (a) ACMA;\n    (b) inspector;\n    (c) interference;\n    (d) operate;\n    (e) radiocommunications device;\n    (f) radiocommunications receiver;\n    (g) radiocommunications transmitter;\n    (h) transmitter licence.\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 that applies to this instrument, including:\n\n    (a) Act;\n    (b) ARPANSA Standard;\n    (c) EIRP;\n    (d) mobile station;\n    (e) point to point station;\n    (f) space licence;\n    (g) station.\n  (2) A term that is:\n    (a) used (but not defined) in this instrument; and\n    (b) defined in the Glossary of the ARPANSA Standard;\n    has the meaning given by that Glossary.\n\n> Note: The ARPANSA Standard is available, free of charge, from the website of the Australian Radiation Protection and Nuclear Safety Agency at www.arpansa.gov.au.\n\n  (3) In this instrument, unless the contrary intention appears, a reference to a part of the spectrum or frequency band includes all frequencies that are greater than but not including the lower frequency, up to and including the higher frequency.\n\n> Note: This means the lower number in the reference to the part of the spectrum or frequency band is not included in the part or band.","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"References to other instruments","content":"#### 7 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":7},{"sectionNumber":"Part 2 Operation of transmitters — gener","sectionType":"section","heading":"Part 2 Operation of transmitters — general condition","content":"#### Part 1 Preliminary\n\n#### 1 Name\n\n  This is the Radiocommunications Licence Conditions (Transmitter Licence) Determination 2025.\n\n#### 2 Commencement\n\n  This instrument commences on 31 March 2025.\n\n#### 3 Authority\n\n  This instrument is made under subsection 110A(2) of the Act.\n\n#### 4 Repeal\n\n  The Radiocommunications Licence Conditions (Apparatus Licence) Determination 2015 (F2015L00210) is repealed.\n\n#### 5 Application\n\n  (1) Subject to subsection (2), every transmitter licence is subject to the conditions in this instrument.\n\n> Note 1: A person is required, when operating a radiocommunications device under an apparatus licence, to comply with any conditions of the licence (see subsection 97(4) and section 113 of the Act). By this instrument, the ACMA has determined that each transmitter licence is taken to include licence conditions that ensure that electromagnetic radiation emitted by a radiocommunications transmitter operated by a person under a transmitter licence does not exceed safe levels for general public exposure.\n\n> Note 2: The ACMA may obtain information or documents under section 284S of the Act that relate to compliance or non-compliance with the conditions in this instrument.\n\n  (2) If:\n    (a) a condition is specified in a transmitter 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.\n\n#### 6 Interpretation\n\n  (1) In this instrument, unless the contrary intention appears:\n\n> ABN has the meaning given by section 41 of the A New Tax System (Australian Business Number) Act 1999.\n\n> ACN has the meaning given by section 9 of the Corporations Act 2001.\n\n> ARBN has the meaning given by section 9 of the Corporations Act 2001.\n\n> AS 2772.2 means the former Australian Standard AS 2772.2-1988 Radiofrequency radiation Part 2: Principles and methods of measurement—300 kHz to 100 GHz, published by Standards Australia.\n\nNote: AS 2772.2 may be obtained, for a fee, directly from the website of Standards Australia or a distributor listed on the Standards Australia website: www.standards.org.au. AS 2772.2 is also available to be viewed, on prior request, at an ACMA office, subject to licensing conditions.\n\n> AS/NZS 2772.1 means the former Australian/New Zealand Standard AS/NZS 2772.1 (Int):1998 Radiofrequency fields Part 1: Maximum exposure levels—3 kHz to 300 GHz, published by Standards Australia and Standards New Zealand.\n\nNote: AS/NZS 2772.1 may be obtained, for a fee, directly from the website of Standards Australia or a distributor listed on the Standards Australia website: www.standards.org.au. AS/NZS 2772.1 is also available to be viewed, on prior request, at an ACMA office, subject to licensing conditions.\n\n> AS/NZS 2772.2 means:\n\n    (a) the document titled ‘AS/NZS 2772.2:2016 – Radiofrequency fields, Part 2: Principles and methods of measurement and computation – 3 kHz to 300 GHz’, published by Standards Australia; or\n    (b) if a later document published by Standards Australia is expressed to replace the document mentioned in paragraph (a) – the later document.\n\nNote: AS/NZS 2772.2 may be obtained, for a fee, directly from the website of Standards Australia or a distributor listed on the Standards Australia website: www.standards.org.au. AS/NZS 2772.2 is also available to be viewed, on prior request, at an ACMA office, subject to licensing conditions.\n\n> AS/NZS IEC 62232 means:\n\n    (a) the document titled ‘AS/NZS IEC 62232:2023 – Determination of RF field strength, power density and SAR in the vicinity of base stations for the purpose of evaluating human exposure’, published by Standards Australia; or\n    (b) if a later document published by Standards Australia is expressed to replace the document mentioned in paragraph (a) – the later document.\n\nNote: AS/NZS IEC 62232 may be obtained, for a fee, directly from the website of Standards Australia or a distributor listed on the Standards Australia website: www.standards.org.au. AS/NZS IEC 62232 is also available to be viewed, on prior request, at an ACMA office, subject to licensing conditions.\n\n> Aware User has the meaning given by paragraph 5.1.1(c) of the ARPANSA Standard.\n\n> C95.3 means:\n\n    (a) the document titled ‘IEEE C95.3:2021 – IEEE Recommended Practice for Measurements and Computations of Electric, Magnetic, and Electromagnetic Fields with Respect to Human Exposure to Such Fields, 0 Hz to 300 GHz’, published by the Institute of Electrical and Electronics Engineers; or\n    (b) if a later document published by the Institute of Electrical and Electronics Engineers is expressed to replace the document mentioned in paragraph (a) – the later document.\n\nNote: C95.3 may be obtained, free of charge, from the website of the Institute of Electrical and Electronics Engineers: standards.ieee.org.\n\n> Controlled Area has the meaning given by section 5.1.2 of the ARPANSA Standard.\n\n> Controlled Area Worker has the meaning given by paragraph 5.1.1(b) of the ARPANSA Standard.\n\n> emission designator has the meaning given by:\n\n(a) the Radiocommunications (Interpretation – Technical Framework) Determination 2024; or\n\n(b) if a later instrument replaces that determination and defines the expression – the later instrument.\n\n> far field, of an antenna, means the region at distances from the antenna greater than the larger of:\n\n    (a) 2D2/λ; and\n    (b) 0.5 λ;\n    where:\n    “λ” (wavelength) means the wavelength of the transmissions from the antenna;\n    “D” (dimension) means the maximum lineal dimension of the antenna.\n\n> IEC 62232 means:\n\n    (a) the document titled ‘IEC 62232:2022 – Determination of RF field strength, power density and SAR in the vicinity of base stations for the purpose of evaluating human exposure’, published by the International Electrotechnical Commission; or\n    (b) if a later document published by the International Electrotechnical Commission is expressed to replace the document mentioned in paragraph (a) – the later document.\n\nNote: IEC 62232 may be obtained, for a fee, directly from the website of Standards Australia or a distributor listed on the Standards Australia website: www.standards.org.au. IEC 62232 is also available to be viewed, on prior request, at an ACMA office, subject to licensing conditions.\n\n> IEC 62577 means:\n\n    (a) the document titled ‘IEC 62577:2009 – Evaluation of human exposure to electromagnetic fields from a stand-alone broadcast transmitter (30 MHz – 40 GHz)’, published by the International Electrotechnical Commission; or\n    (b) if a later document published by the International Electrotechnical Commission is expressed to replace the document mentioned in paragraph (a) – the later document.\n\nNote: IEC 62577 may be obtained, for a fee, directly from the website of Standards Australia or a distributor listed on the Standards Australia website: www.standards.org.au. IEC 62577 is also available to be viewed, on prior request, at an ACMA office, subject to licensing conditions.\n\n> member of the general public means a person other than:\n\n    (a) an Aware User; or\n    (b) in relation to a Controlled Area – a Controlled Area Worker for the Controlled Area; or\n    (c) an RF Worker; or\n    (d) in relation to a Controlled Area – a Supervised Visitor to the Controlled Area.\n\n> NATA means the National Association of Testing Authorities Australia (ACN 004 379 748).\n\n> NATA‑accredited body means a body accredited by NATA to assess or measure RF field strength levels in accordance with AS 2772.2 or AS/NZS 2772.2.\n\n> receiver means a radiocommunications receiver.\n\n> reference levels has the meaning given by sections 2 and 3 of the ARPANSA Standard.\n\n> RF field means a physical field, which specifies the electric and magnetic states of a medium or free space, quantified by vectors representing the electric field strength and the magnetic field strength.\n\n> RF Worker has the meaning given by paragraph 5.1.1(a) of the ARPANSA Standard.\n\n> Standards Australia means Standards Australia Limited (ACN 087 326 690).\n\n> Standards New Zealand means NZ Standards Organisation, New Zealand's national standards body.\n\n> Supervised Visitor has the meaning given by paragraph 5.1.1(d) of the ARPANSA Standard.\n\n> Note 1: A number of other expressions used in this instrument are defined in the Act, including the following:\n\n    (a) ACMA;\n    (b) inspector;\n    (c) interference;\n    (d) operate;\n    (e) radiocommunications device;\n    (f) radiocommunications receiver;\n    (g) radiocommunications transmitter;\n    (h) transmitter licence.\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 that applies to this instrument, including:\n\n    (a) Act;\n    (b) ARPANSA Standard;\n    (c) EIRP;\n    (d) mobile station;\n    (e) point to point station;\n    (f) space licence;\n    (g) station.\n  (2) A term that is:\n    (a) used (but not defined) in this instrument; and\n    (b) defined in the Glossary of the ARPANSA Standard;\n    has the meaning given by that Glossary.\n\n> Note: The ARPANSA Standard is available, free of charge, from the website of the Australian Radiation Protection and Nuclear Safety Agency at www.arpansa.gov.au.\n\n  (3) In this instrument, unless the contrary intention appears, a reference to a part of the spectrum or frequency band includes all frequencies that are greater than but not including the lower frequency, up to and including the higher frequency.\n\n> Note: This means the lower number in the reference to the part of the spectrum or frequency band is not included in the part or band.\n\n#### 7 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.\n\n  \n\n#### Part 2 Operation of transmitters – general condition\n\n#### 8 Condition – permitted communications\n\n  A person must operate a radiocommunications transmitter only to communicate with a station or receiver with which the person or transmitter is permitted by the conditions of the licence to communicate, unless:\n    (a) the transmission of a message is in relation to a distress or emergency situation; or\n    (b) the person is authorised, in writing, by the ACMA or an inspector, to communicate with another station or receiver in relation to the investigation of interference.\n\n  \n\n#### Part 3 Operation of transmitters – electromagnetic radiation requirements\n\n#### 9 Application of Part 3\n\n  (1) The conditions in this Part do not apply to the operation, by a person, of:\n    (a) a radiocommunications transmitter under a space licence; or\n    (b) a compliant mobile station.\n  (2) For the purposes of paragraph (1)(b), a mobile station is a compliant mobile station if:\n    (a) clause 3 of Schedule 4 to the Radiocommunications Equipment (General) Rules 2021 prescribes a standard for the mobile station; and\n    (b) the mobile station complies with that standard; and\n    (c) the mobile station is not a device mentioned in section 53 of the Radiocommunications Equipment (General) Rules 2021.\n\n> Note 1: The Radiocommunications Equipment (General) Rules 2021 are available, free of charge, from the Federal Register of Legislation at www.legislation.gov.au.\n\n> Note 2: For the purposes of paragraph (1)(b), a mobile station is only a compliant mobile station if it meets the electromagnetic energy (EME) standard set out in clause 3 of Schedule 4 to the Radiocommunications Equipment (General) Rules 2021 and if its operation is not exempt from the EME standard under section 53 of that instrument.\n\n#### 10 Condition – compliance with electromagnetic energy standard\n\n  Condition – general case\n  (1) A person must not operate a radiocommunications transmitter if the RF field produced by the transmitter exceeds the reference levels for general public exposure at a place accessible to a member of the general public.\n\n> Note: Examples: The following are examples of a type of place that is accessible to a member of the general public:\n\n    (a) a private residence;\n    (b) a public park;\n    (c) a building roof top with a transmitter antenna located on the roof top, where access is not restricted by the site manager or operator.\n  Measuring compliance with the condition\n  (2) For purposes of subsection 11(3), subsection 12(2) and paragraph 14(2)(b):\n    (a) if the radiocommunications transmitter operates on a frequency in the 10 MHz to 30 MHz frequency band, only one of the following properties needs to be measured or calculated to show compliance with subsection (1) at places in the far field of the antenna:\n    (i) incident electric field strength;\n    (ii) incident magnetic field strength; or\n    (b) if the radiocommunications transmitter operates on a frequency in the 30 MHz to 2 GHz frequency band, only one of the following properties needs to be measured or calculated to show compliance with subsection (1) at places in the far field of the antenna:\n    (i) incident electric field strength;\n    (ii) incident magnetic field strength;\n    (iii) incident power density; or\n    (c) if the transmitter operates on a frequency greater than 2 GHz, only the incident power density needs to be measured or calculated to show compliance with subsection (1) at places in the far field of the antenna.\n  (3) In subsection (2), each of the following terms has the same meaning as in the ARPANSA Standard:\n    (a) incident electric field strength;\n    (b) incident magnetic field strength;\n    (c) incident power density.\n  Condition – simultaneous transmissions\n  (4) A person must not operate a radiocommunications transmitter to transmit simultaneously on multiple frequencies, unless the transmitter meets the requirements specified in section 3 (Simultaneous exposure to multiple frequency fields) of the ARPANSA Standard.\n\n#### 11 Presumption about compliance with the condition in subsection 10(1) – low risk transmitters\n\n  Application\n  (1) This section applies to a radiocommunications transmitter (other than a mobile station):\n    (a) for which:\n    (i) the average total power supplied by the transmitter to all antennas fed by the transmitter is not more than 100 W; and\n    (ii) each antenna fed by the transmitter is installed so that it is inaccessible to a member of the general public; or\n    (b) for which:\n    (i) the bottom of the lowest antenna fed by the transmitter is at least 10 m above ground level; and\n    (ii) the average total EIRP of all antennas fed by the transmitter is not more than 3200 W in any direction; or\n    (c) that is a point to point station operating on a frequency greater than 1 GHz.\n\n> Note: Examples: For subparagraph (a)(ii), the following are examples of a type of place that is inaccessible to a member of the general public:\n\n    (a) the area around an antenna that is fenced and where entry is through a locked gate;\n    (b) the area around a tower where the tower cannot be climbed except by the use of an external aid.\n  (2) This section also applies to a mobile station for which the average total power supplied by the station to all antennas fed by the station is not more than 100 W.\n  Presumption\n  (3) A person is presumed, unless the contrary is proved, not to have operated a radiocommunications transmitter in contravention of the condition in subsection 10(1) if the person has a document that:\n    (a) sets out the measurements or calculations for the transmitter specified in subsection 10(2); and\n    (b) those measurements or calculations are to the effect that the operation of the transmitter complies with subsection 10(1).\n\n#### 12 Condition – measurements or calculations of electromagnetic energy – higher risk transmitters\n\n  Application\n\n  This section applies to a radiocommunications transmitter other than a radiocommunications transmitter mentioned in subsection 11(1) or 11(2).\n\n  Condition – general requirement to measure or calculate RF fields\n  (2) Subject to subsections (3), (4) and (5), a person must not operate a radiocommunications transmitter unless the person has measured or calculated the RF fields produced by the transmitter in accordance with one of the following:\n    (a) if AS/NZS 2772.2 applies in relation to the transmitter – AS/NZS 2772.2;\n    (b) if AS/NZS IEC 62232 applies in relation to the transmitter – AS/NZS IEC 62232;\n    (c) if C95.3 applies in relation to the transmitter – C95.3;\n    (d) if IEC 62232 applies in relation to the transmitter – IEC 62232;\n    (e) if IEC 62577 applies in relation to the transmitter – IEC 62577.\n\n> Note: A record of measurements or calculations made under this subsection must be kept (see paragraph 17(1)(d)).\n\n  Measurements and calculations made before 31 March 2025\n  (3) A person is taken to comply with subsection (2) if:\n    (a) the person complied, or was taken to have complied, with the former measurement provision before 31 March 2025; and\n    (b) in the period commencing when the person complied, or was taken to have complied, with the former measurement provision and ending immediately before 31 March 2025, the person had kept a record of any assessments, measurements or calculations made to comply, or to be taken to have complied, with the former measurement provision.\n\n> Note: Any such record of measurements or calculations must continue to be kept after 31 March 2025 (see paragraph 17(1)(e)).\n\n  Measurements and calculations made before relevant document amended\n  (4) If a relevant document is amended after 31 March 2025, a person is taken to comply with subsection (2) if the person measured or calculated RF fields produced by a radiocommunications transmitter, in accordance with the relevant document as existing immediately before it was amended, in the period:\n    (a) commencing on 31 March 2025; and\n    (b) ending immediately before the relevant document was amended.\n\n> Note: A record of such measurements or calculations must be kept (see paragraph 17(1)(d)).\n\n  Measurements and calculations made after relevant document amended\n  (5) If a relevant document is amended after 31 March 2025, a person is taken to comply with subsection (2) if the person measured or calculated RF fields produced by a radiocommunications transmitter, in accordance with the relevant document as existing immediately before it was amended, in the period:\n    (a) commencing when the relevant document was amended; and\n    (b) ending on the first anniversary of the day the relevant document was amended.\n\n> Note: A record of such measurements or calculations must be kept (see paragraph 17(1)(d)).\n\n  Definitions\n  (6) In this section:\n\nformer measurement provision means subsection 10(2) of the Radiocommunications Licence Conditions (Apparatus Licence) Determination 2015 as in force immediately before 31 March 2025.\n\n> Note: The Radiocommunications Licence Conditions (Apparatus Licence) Determination 2015, as in force immediately before 31 March 2025, is available, free of charge, from the Federal Register of Legislation at www.legislation.gov.au.\n\nrelevant document means each of the following:\n\n    AS/NZS 2772.2;\n    AS/NZS IEC 62232;\n\n    (c) C95.3;\n    (d) IEC 62232;\n    (e) IEC 62577.\n\n#### 13 Condition – requirement to reassess installed transmitter after change\n\n  (1) If a radiocommunications transmitter to which section 11 has applied is changed so that section 11 no longer applies to the transmitter, the transmitter must be assessed in accordance with section 12 from the time the change occurs.\n  (2) Without limiting subsection (1), in this section a change to a radiocommunications transmitter includes the following:\n    (a) moving the transmitter to a different site;\n    (b) altering the amount of power fed to the transmitter’s antennas;\n    (c) changing the characteristics of any of the transmitter’s antennas, including an antenna’s:\n    (i) gain; or\n    (ii) size; or\n    (iii) height above the ground or other accessible surface; or\n    (iv) tilt;\n    (d) altering the transmitter’s emission designator.\n\n#### 14 Multi-transmitter sites\n\n  Application\n  (1) This section applies to a person that operates a radiocommunications transmitter on a site that has more than one radiocommunications transmitter.\n  Presumption\n  (2) A person is presumed, unless the contrary is proved, not to have operated a radiocommunications transmitter in contravention of the condition in subsection 10(1) if:\n    (a) the person has made the measurements or calculations specified in subsection 12(2), for all the transmitters at the site, as a whole; and\n    (b) those measurements or calculations are to the effect that the operation of all those transmitters, as a whole, would comply with subsection 10(1); and\n    (c) the person has retained possession of documentation setting out those measurements or calculations at all times since those measurements or calculations were made.\n  (3) A person that keeps documentation referred to in paragraph 14(2)(c) in relation to a radiocommunications transmitter is taken to have complied with paragraph 17(1)(d) in relation to the transmitter.\n\n> Note: Paragraph 17(1)(d) deals with records containing results and methods of assessments under section 12.\n\n#### 15 Compliance documentation obtained before 1 March 2003 – exception to ARPANSA Standard\n\n  Application\n  (1) This section applies to a person that, before 1 March 2003, obtained documentation showing that:\n    (a) the RF field produced by a radiocommunications transmitter operated under a transmitter licence did not exceed the exposure levels mentioned in sections 6.3, 6.7 and 6.8 of AS/NZS 2772.1, as existing at the time the documentation was obtained, at a place accessible to a member of the general public; and\n    (b) the RF field was:\n    (i) measured in accordance with AS 2772.2, as existing at the time the RF field was measured; or\n    (ii) calculated using a model or method that was derived from the mathematical formulae mentioned in Appendix B to AS 2772.2, as existing at the time the RF field was calculated.\n  Low risk transmitters\n  (2) Subject to subsection (7), a person that:\n    (a) operates a radiocommunications transmitter to which subsection 11(1) applies; and\n    (b) operates the transmitter on a site where there is no other radiocommunications transmitter; and\n    (c) keeps the documentation mentioned in subsection (1) in relation to the transmitter;\n  is taken not to operate the transmitter in contravention of the condition in subsection 10(1).\n  Higher risk transmitters\n  (3) Subject to subsection (7), a person that:\n    (a) operates a radiocommunications transmitter to which subsection 12(1) applies; and\n    (b) operates the transmitter on a site where there is no other radiocommunications transmitter; and\n    (c) keeps the documentation mentioned in subsection (1) in relation to that transmitter;\n  is taken to have made the measurement or calculation mentioned in subsection 12(2) in relation to the transmitter.\n  (4) A person that:\n    (a) operates a radiocommunications transmitter to which subsection 12(1) applies; and\n    (b) keeps the documentation mentioned in subsection (1) in relation to that transmitter;\n  is taken to have complied with paragraph 17(1)(d) in relation to that transmitter.\n  Multi-transmitter sites\n  (5) Subject to subsection (7), a person that:\n    (a) operates a radiocommunications transmitter on a site with more than one radiocommunications transmitter; and\n    (b) keeps the documentation mentioned in subsection (1) in relation to that transmitter that:\n    (i) includes the results of a measurement or calculation mentioned in paragraph (1)(b); and\n    (ii) shows that the transmitters on the site, taken as a whole, do not exceed the exposure levels mentioned in sections 6.3, 6.7 and 6.8 of AS/NZS 2772.1, as existing at the time the documentation was obtained, at a place accessible to a member of the general public;\n  is taken not to operate the transmitter in contravention of the condition in subsection 10(1).\n  (6) A person that:\n    (a) operates a radiocommunications transmitter on a site with more than one radiocommunications transmitter; and\n    (b) keeps the documentation mentioned in paragraph (5)(b) in relation to that transmitter;\n  is taken to have complied with paragraph 17(1)(d) in relation to that transmitter.\n  When exception ceases to apply\n  (7) Subsections (2), (3) and (5) cease to apply to a person if there has been a change at the site after the documentation mentioned in the relevant subsection was obtained.\n  (8) Without limiting subsection (7), in this section, a change at a site includes the following:\n    (a) a change in the number of radiocommunications transmitters at the site;\n    (b) altering the amount of power fed to any of the antennas of a radiocommunications transmitter at the site;\n    (c) changing the characteristics of any of those antennas, including an antenna’s:\n    (i) gain; or\n    (ii) size; or\n    (iii) height above the ground or other accessible surface; or\n    (iv) tilt;\n    (d) altering the emission designator of a radiocommunications transmitter at the site.\n  Definitions\n  (9) Despite subsection 6(1), in this section:\n\nmember of the general public means a person who is not an RF worker.\n\nRF worker means a person who may be exposed to RF fields under controlled conditions, in the course of and intrinsic to the nature of their work.\n\n  \n\n#### Part 4 Record-keeping for higher risk transmitters\n\n#### 16 Application of Part 4\n\n  This Part applies to a radiocommunications transmitter to which section 12 applies.\n\n#### 17 Condition – record-keeping\n\n  (1) A person must keep the following records in relation to a radiocommunications transmitter:\n    (a) a declaration of conformity, for the transmitter, that includes the information mentioned in subsection (2);\n    (b) the name and qualifications of any person who has assessed the transmitter for compliance with this instrument;\n    (c) the dates of any assessments;\n    (d) a record of the measurements or calculations made for the purposes of section 12;\n    (e) if subsection 12(3) applies in relation to the transmitter – a record mentioned in that subsection;\n    (f) the documentation mentioned in subsection 15(1) (if any) obtained by the person;\n    (g) details of the transmitter, including its power level, gain, size, tilt, manufacturer, model number and emission designator.\n  (2) For paragraph (1)(a), the information is:\n    (a) the person’s name, address, ABN (if any), and, if the person is a body corporate, one of the following:\n    (i) ACN (if any);\n    (ii) ARBN (if any);\n    (iii) incorporation or registration number under the law by which the body was incorporated; and\n    (b) details of the transmitter, including its location, antenna type and height above the ground or other accessible surface; and\n    (c) a statement that the RF field produced by the transmitter meets the requirements of subsection 10(1); and\n    (d) if the person is a body corporate – the name and position of the person making the declaration on behalf of the body corporate.\n\n> Note: Giving false or misleading information is a serious offence under section 137.1 of the Criminal Code.\n\n  (3) If a matter included in a declaration made for the purposes of paragraph (1)(a) changes or becomes incorrect, a new declaration must be made.\n  (4) For the purposes of subsection (1), a record:\n    (a) must be kept until the licence ceases to be in force; and\n    (b) must be available for inspection by the ACMA at a place nominated by the ACMA, or by a method nominated by the ACMA, after consultation with the person; and\n    (c) must be kept in English; and\n    (d) may be a copy of an original record; and\n    (e) may be kept in electronic form.\n  (5) Without limiting paragraph (4)(b), the place may be:\n    (a) the person’s street address, in Australia, provided on the licence application; or\n    (b) for a site on which more than one radiocommunications transmitter is located – at the street address of the site.\n\n#### 18 Condition – dispute over reliability of evaluation provided in compliance documentation\n\n  Request for report\n  (1) If the ACMA is not satisfied that a radiocommunications transmitter complies with section 10, the ACMA may, in writing, request the person:\n    (a) to have the transmitter assessed by a NATA-accredited body for compliance with section 10; and\n    (b) to obtain a report setting out whether or not the transmitter complies; and\n    (c) provide the report to the ACMA.\n  (2) Before giving a request under subsection (1) in relation to a radiocommunications transmitter, the ACMA must have regard to each of the following:\n    (a) the location of the transmitter, and whether the transmitter is in a place that is accessible to a member of the general public;\n    (b) the nature of the transmitter;\n    (c) the level of power of the transmitter.\n  Condition – compliance with request\n  (3) Subject to subsection (4), a person must comply with a request under subsection (1) within 30 days after the date of the request.\n  (4) The ACMA may extend the time for compliance with a request under subsection (1).\n\n#### 19 Condition – use of agent\n\n  Application\n  (1) This section applies if a person uses an agent:\n    (a) to ensure that a radiocommunications transmitter complies with this instrument; and\n    (b) to keep documents that the person is required to keep under this instrument.\n  Condition\n  (2) The person and the agent must keep a copy of the agency agreement for the same period that records must be kept under this instrument.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Condition — permitted communications","content":"#### 8 Condition – permitted communications\n\n  A person must operate a radiocommunications transmitter only to communicate with a station or receiver with which the person or transmitter is permitted by the conditions of the licence to communicate, unless:\n    (a) the transmission of a message is in relation to a distress or emergency situation; or\n    (b) the person is authorised, in writing, by the ACMA or an inspector, to communicate with another station or receiver in relation to the investigation of interference.","sortOrder":9},{"sectionNumber":"Part 3 Operation of transmitters — elect","sectionType":"section","heading":"Part 3 Operation of transmitters — electromagnetic radiation requirements","content":"#### Part 1 Preliminary\n\n#### 1 Name\n\n  This is the Radiocommunications Licence Conditions (Transmitter Licence) Determination 2025.\n\n#### 2 Commencement\n\n  This instrument commences on 31 March 2025.\n\n#### 3 Authority\n\n  This instrument is made under subsection 110A(2) of the Act.\n\n#### 4 Repeal\n\n  The Radiocommunications Licence Conditions (Apparatus Licence) Determination 2015 (F2015L00210) is repealed.\n\n#### 5 Application\n\n  (1) Subject to subsection (2), every transmitter licence is subject to the conditions in this instrument.\n\n> Note 1: A person is required, when operating a radiocommunications device under an apparatus licence, to comply with any conditions of the licence (see subsection 97(4) and section 113 of the Act). By this instrument, the ACMA has determined that each transmitter licence is taken to include licence conditions that ensure that electromagnetic radiation emitted by a radiocommunications transmitter operated by a person under a transmitter licence does not exceed safe levels for general public exposure.\n\n> Note 2: The ACMA may obtain information or documents under section 284S of the Act that relate to compliance or non-compliance with the conditions in this instrument.\n\n  (2) If:\n    (a) a condition is specified in a transmitter 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.\n\n#### 6 Interpretation\n\n  (1) In this instrument, unless the contrary intention appears:\n\n> ABN has the meaning given by section 41 of the A New Tax System (Australian Business Number) Act 1999.\n\n> ACN has the meaning given by section 9 of the Corporations Act 2001.\n\n> ARBN has the meaning given by section 9 of the Corporations Act 2001.\n\n> AS 2772.2 means the former Australian Standard AS 2772.2-1988 Radiofrequency radiation Part 2: Principles and methods of measurement—300 kHz to 100 GHz, published by Standards Australia.\n\nNote: AS 2772.2 may be obtained, for a fee, directly from the website of Standards Australia or a distributor listed on the Standards Australia website: www.standards.org.au. AS 2772.2 is also available to be viewed, on prior request, at an ACMA office, subject to licensing conditions.\n\n> AS/NZS 2772.1 means the former Australian/New Zealand Standard AS/NZS 2772.1 (Int):1998 Radiofrequency fields Part 1: Maximum exposure levels—3 kHz to 300 GHz, published by Standards Australia and Standards New Zealand.\n\nNote: AS/NZS 2772.1 may be obtained, for a fee, directly from the website of Standards Australia or a distributor listed on the Standards Australia website: www.standards.org.au. AS/NZS 2772.1 is also available to be viewed, on prior request, at an ACMA office, subject to licensing conditions.\n\n> AS/NZS 2772.2 means:\n\n    (a) the document titled ‘AS/NZS 2772.2:2016 – Radiofrequency fields, Part 2: Principles and methods of measurement and computation – 3 kHz to 300 GHz’, published by Standards Australia; or\n    (b) if a later document published by Standards Australia is expressed to replace the document mentioned in paragraph (a) – the later document.\n\nNote: AS/NZS 2772.2 may be obtained, for a fee, directly from the website of Standards Australia or a distributor listed on the Standards Australia website: www.standards.org.au. AS/NZS 2772.2 is also available to be viewed, on prior request, at an ACMA office, subject to licensing conditions.\n\n> AS/NZS IEC 62232 means:\n\n    (a) the document titled ‘AS/NZS IEC 62232:2023 – Determination of RF field strength, power density and SAR in the vicinity of base stations for the purpose of evaluating human exposure’, published by Standards Australia; or\n    (b) if a later document published by Standards Australia is expressed to replace the document mentioned in paragraph (a) – the later document.\n\nNote: AS/NZS IEC 62232 may be obtained, for a fee, directly from the website of Standards Australia or a distributor listed on the Standards Australia website: www.standards.org.au. AS/NZS IEC 62232 is also available to be viewed, on prior request, at an ACMA office, subject to licensing conditions.\n\n> Aware User has the meaning given by paragraph 5.1.1(c) of the ARPANSA Standard.\n\n> C95.3 means:\n\n    (a) the document titled ‘IEEE C95.3:2021 – IEEE Recommended Practice for Measurements and Computations of Electric, Magnetic, and Electromagnetic Fields with Respect to Human Exposure to Such Fields, 0 Hz to 300 GHz’, published by the Institute of Electrical and Electronics Engineers; or\n    (b) if a later document published by the Institute of Electrical and Electronics Engineers is expressed to replace the document mentioned in paragraph (a) – the later document.\n\nNote: C95.3 may be obtained, free of charge, from the website of the Institute of Electrical and Electronics Engineers: standards.ieee.org.\n\n> Controlled Area has the meaning given by section 5.1.2 of the ARPANSA Standard.\n\n> Controlled Area Worker has the meaning given by paragraph 5.1.1(b) of the ARPANSA Standard.\n\n> emission designator has the meaning given by:\n\n(a) the Radiocommunications (Interpretation – Technical Framework) Determination 2024; or\n\n(b) if a later instrument replaces that determination and defines the expression – the later instrument.\n\n> far field, of an antenna, means the region at distances from the antenna greater than the larger of:\n\n    (a) 2D2/λ; and\n    (b) 0.5 λ;\n    where:\n    “λ” (wavelength) means the wavelength of the transmissions from the antenna;\n    “D” (dimension) means the maximum lineal dimension of the antenna.\n\n> IEC 62232 means:\n\n    (a) the document titled ‘IEC 62232:2022 – Determination of RF field strength, power density and SAR in the vicinity of base stations for the purpose of evaluating human exposure’, published by the International Electrotechnical Commission; or\n    (b) if a later document published by the International Electrotechnical Commission is expressed to replace the document mentioned in paragraph (a) – the later document.\n\nNote: IEC 62232 may be obtained, for a fee, directly from the website of Standards Australia or a distributor listed on the Standards Australia website: www.standards.org.au. IEC 62232 is also available to be viewed, on prior request, at an ACMA office, subject to licensing conditions.\n\n> IEC 62577 means:\n\n    (a) the document titled ‘IEC 62577:2009 – Evaluation of human exposure to electromagnetic fields from a stand-alone broadcast transmitter (30 MHz – 40 GHz)’, published by the International Electrotechnical Commission; or\n    (b) if a later document published by the International Electrotechnical Commission is expressed to replace the document mentioned in paragraph (a) – the later document.\n\nNote: IEC 62577 may be obtained, for a fee, directly from the website of Standards Australia or a distributor listed on the Standards Australia website: www.standards.org.au. IEC 62577 is also available to be viewed, on prior request, at an ACMA office, subject to licensing conditions.\n\n> member of the general public means a person other than:\n\n    (a) an Aware User; or\n    (b) in relation to a Controlled Area – a Controlled Area Worker for the Controlled Area; or\n    (c) an RF Worker; or\n    (d) in relation to a Controlled Area – a Supervised Visitor to the Controlled Area.\n\n> NATA means the National Association of Testing Authorities Australia (ACN 004 379 748).\n\n> NATA‑accredited body means a body accredited by NATA to assess or measure RF field strength levels in accordance with AS 2772.2 or AS/NZS 2772.2.\n\n> receiver means a radiocommunications receiver.\n\n> reference levels has the meaning given by sections 2 and 3 of the ARPANSA Standard.\n\n> RF field means a physical field, which specifies the electric and magnetic states of a medium or free space, quantified by vectors representing the electric field strength and the magnetic field strength.\n\n> RF Worker has the meaning given by paragraph 5.1.1(a) of the ARPANSA Standard.\n\n> Standards Australia means Standards Australia Limited (ACN 087 326 690).\n\n> Standards New Zealand means NZ Standards Organisation, New Zealand's national standards body.\n\n> Supervised Visitor has the meaning given by paragraph 5.1.1(d) of the ARPANSA Standard.\n\n> Note 1: A number of other expressions used in this instrument are defined in the Act, including the following:\n\n    (a) ACMA;\n    (b) inspector;\n    (c) interference;\n    (d) operate;\n    (e) radiocommunications device;\n    (f) radiocommunications receiver;\n    (g) radiocommunications transmitter;\n    (h) transmitter licence.\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 that applies to this instrument, including:\n\n    (a) Act;\n    (b) ARPANSA Standard;\n    (c) EIRP;\n    (d) mobile station;\n    (e) point to point station;\n    (f) space licence;\n    (g) station.\n  (2) A term that is:\n    (a) used (but not defined) in this instrument; and\n    (b) defined in the Glossary of the ARPANSA Standard;\n    has the meaning given by that Glossary.\n\n> Note: The ARPANSA Standard is available, free of charge, from the website of the Australian Radiation Protection and Nuclear Safety Agency at www.arpansa.gov.au.\n\n  (3) In this instrument, unless the contrary intention appears, a reference to a part of the spectrum or frequency band includes all frequencies that are greater than but not including the lower frequency, up to and including the higher frequency.\n\n> Note: This means the lower number in the reference to the part of the spectrum or frequency band is not included in the part or band.\n\n#### 7 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.\n\n  \n\n#### Part 2 Operation of transmitters – general condition\n\n#### 8 Condition – permitted communications\n\n  A person must operate a radiocommunications transmitter only to communicate with a station or receiver with which the person or transmitter is permitted by the conditions of the licence to communicate, unless:\n    (a) the transmission of a message is in relation to a distress or emergency situation; or\n    (b) the person is authorised, in writing, by the ACMA or an inspector, to communicate with another station or receiver in relation to the investigation of interference.\n\n  \n\n#### Part 3 Operation of transmitters – electromagnetic radiation requirements\n\n#### 9 Application of Part 3\n\n  (1) The conditions in this Part do not apply to the operation, by a person, of:\n    (a) a radiocommunications transmitter under a space licence; or\n    (b) a compliant mobile station.\n  (2) For the purposes of paragraph (1)(b), a mobile station is a compliant mobile station if:\n    (a) clause 3 of Schedule 4 to the Radiocommunications Equipment (General) Rules 2021 prescribes a standard for the mobile station; and\n    (b) the mobile station complies with that standard; and\n    (c) the mobile station is not a device mentioned in section 53 of the Radiocommunications Equipment (General) Rules 2021.\n\n> Note 1: The Radiocommunications Equipment (General) Rules 2021 are available, free of charge, from the Federal Register of Legislation at www.legislation.gov.au.\n\n> Note 2: For the purposes of paragraph (1)(b), a mobile station is only a compliant mobile station if it meets the electromagnetic energy (EME) standard set out in clause 3 of Schedule 4 to the Radiocommunications Equipment (General) Rules 2021 and if its operation is not exempt from the EME standard under section 53 of that instrument.\n\n#### 10 Condition – compliance with electromagnetic energy standard\n\n  Condition – general case\n  (1) A person must not operate a radiocommunications transmitter if the RF field produced by the transmitter exceeds the reference levels for general public exposure at a place accessible to a member of the general public.\n\n> Note: Examples: The following are examples of a type of place that is accessible to a member of the general public:\n\n    (a) a private residence;\n    (b) a public park;\n    (c) a building roof top with a transmitter antenna located on the roof top, where access is not restricted by the site manager or operator.\n  Measuring compliance with the condition\n  (2) For purposes of subsection 11(3), subsection 12(2) and paragraph 14(2)(b):\n    (a) if the radiocommunications transmitter operates on a frequency in the 10 MHz to 30 MHz frequency band, only one of the following properties needs to be measured or calculated to show compliance with subsection (1) at places in the far field of the antenna:\n    (i) incident electric field strength;\n    (ii) incident magnetic field strength; or\n    (b) if the radiocommunications transmitter operates on a frequency in the 30 MHz to 2 GHz frequency band, only one of the following properties needs to be measured or calculated to show compliance with subsection (1) at places in the far field of the antenna:\n    (i) incident electric field strength;\n    (ii) incident magnetic field strength;\n    (iii) incident power density; or\n    (c) if the transmitter operates on a frequency greater than 2 GHz, only the incident power density needs to be measured or calculated to show compliance with subsection (1) at places in the far field of the antenna.\n  (3) In subsection (2), each of the following terms has the same meaning as in the ARPANSA Standard:\n    (a) incident electric field strength;\n    (b) incident magnetic field strength;\n    (c) incident power density.\n  Condition – simultaneous transmissions\n  (4) A person must not operate a radiocommunications transmitter to transmit simultaneously on multiple frequencies, unless the transmitter meets the requirements specified in section 3 (Simultaneous exposure to multiple frequency fields) of the ARPANSA Standard.\n\n#### 11 Presumption about compliance with the condition in subsection 10(1) – low risk transmitters\n\n  Application\n  (1) This section applies to a radiocommunications transmitter (other than a mobile station):\n    (a) for which:\n    (i) the average total power supplied by the transmitter to all antennas fed by the transmitter is not more than 100 W; and\n    (ii) each antenna fed by the transmitter is installed so that it is inaccessible to a member of the general public; or\n    (b) for which:\n    (i) the bottom of the lowest antenna fed by the transmitter is at least 10 m above ground level; and\n    (ii) the average total EIRP of all antennas fed by the transmitter is not more than 3200 W in any direction; or\n    (c) that is a point to point station operating on a frequency greater than 1 GHz.\n\n> Note: Examples: For subparagraph (a)(ii), the following are examples of a type of place that is inaccessible to a member of the general public:\n\n    (a) the area around an antenna that is fenced and where entry is through a locked gate;\n    (b) the area around a tower where the tower cannot be climbed except by the use of an external aid.\n  (2) This section also applies to a mobile station for which the average total power supplied by the station to all antennas fed by the station is not more than 100 W.\n  Presumption\n  (3) A person is presumed, unless the contrary is proved, not to have operated a radiocommunications transmitter in contravention of the condition in subsection 10(1) if the person has a document that:\n    (a) sets out the measurements or calculations for the transmitter specified in subsection 10(2); and\n    (b) those measurements or calculations are to the effect that the operation of the transmitter complies with subsection 10(1).\n\n#### 12 Condition – measurements or calculations of electromagnetic energy – higher risk transmitters\n\n  Application\n\n  This section applies to a radiocommunications transmitter other than a radiocommunications transmitter mentioned in subsection 11(1) or 11(2).\n\n  Condition – general requirement to measure or calculate RF fields\n  (2) Subject to subsections (3), (4) and (5), a person must not operate a radiocommunications transmitter unless the person has measured or calculated the RF fields produced by the transmitter in accordance with one of the following:\n    (a) if AS/NZS 2772.2 applies in relation to the transmitter – AS/NZS 2772.2;\n    (b) if AS/NZS IEC 62232 applies in relation to the transmitter – AS/NZS IEC 62232;\n    (c) if C95.3 applies in relation to the transmitter – C95.3;\n    (d) if IEC 62232 applies in relation to the transmitter – IEC 62232;\n    (e) if IEC 62577 applies in relation to the transmitter – IEC 62577.\n\n> Note: A record of measurements or calculations made under this subsection must be kept (see paragraph 17(1)(d)).\n\n  Measurements and calculations made before 31 March 2025\n  (3) A person is taken to comply with subsection (2) if:\n    (a) the person complied, or was taken to have complied, with the former measurement provision before 31 March 2025; and\n    (b) in the period commencing when the person complied, or was taken to have complied, with the former measurement provision and ending immediately before 31 March 2025, the person had kept a record of any assessments, measurements or calculations made to comply, or to be taken to have complied, with the former measurement provision.\n\n> Note: Any such record of measurements or calculations must continue to be kept after 31 March 2025 (see paragraph 17(1)(e)).\n\n  Measurements and calculations made before relevant document amended\n  (4) If a relevant document is amended after 31 March 2025, a person is taken to comply with subsection (2) if the person measured or calculated RF fields produced by a radiocommunications transmitter, in accordance with the relevant document as existing immediately before it was amended, in the period:\n    (a) commencing on 31 March 2025; and\n    (b) ending immediately before the relevant document was amended.\n\n> Note: A record of such measurements or calculations must be kept (see paragraph 17(1)(d)).\n\n  Measurements and calculations made after relevant document amended\n  (5) If a relevant document is amended after 31 March 2025, a person is taken to comply with subsection (2) if the person measured or calculated RF fields produced by a radiocommunications transmitter, in accordance with the relevant document as existing immediately before it was amended, in the period:\n    (a) commencing when the relevant document was amended; and\n    (b) ending on the first anniversary of the day the relevant document was amended.\n\n> Note: A record of such measurements or calculations must be kept (see paragraph 17(1)(d)).\n\n  Definitions\n  (6) In this section:\n\nformer measurement provision means subsection 10(2) of the Radiocommunications Licence Conditions (Apparatus Licence) Determination 2015 as in force immediately before 31 March 2025.\n\n> Note: The Radiocommunications Licence Conditions (Apparatus Licence) Determination 2015, as in force immediately before 31 March 2025, is available, free of charge, from the Federal Register of Legislation at www.legislation.gov.au.\n\nrelevant document means each of the following:\n\n    AS/NZS 2772.2;\n    AS/NZS IEC 62232;\n\n    (c) C95.3;\n    (d) IEC 62232;\n    (e) IEC 62577.\n\n#### 13 Condition – requirement to reassess installed transmitter after change\n\n  (1) If a radiocommunications transmitter to which section 11 has applied is changed so that section 11 no longer applies to the transmitter, the transmitter must be assessed in accordance with section 12 from the time the change occurs.\n  (2) Without limiting subsection (1), in this section a change to a radiocommunications transmitter includes the following:\n    (a) moving the transmitter to a different site;\n    (b) altering the amount of power fed to the transmitter’s antennas;\n    (c) changing the characteristics of any of the transmitter’s antennas, including an antenna’s:\n    (i) gain; or\n    (ii) size; or\n    (iii) height above the ground or other accessible surface; or\n    (iv) tilt;\n    (d) altering the transmitter’s emission designator.\n\n#### 14 Multi-transmitter sites\n\n  Application\n  (1) This section applies to a person that operates a radiocommunications transmitter on a site that has more than one radiocommunications transmitter.\n  Presumption\n  (2) A person is presumed, unless the contrary is proved, not to have operated a radiocommunications transmitter in contravention of the condition in subsection 10(1) if:\n    (a) the person has made the measurements or calculations specified in subsection 12(2), for all the transmitters at the site, as a whole; and\n    (b) those measurements or calculations are to the effect that the operation of all those transmitters, as a whole, would comply with subsection 10(1); and\n    (c) the person has retained possession of documentation setting out those measurements or calculations at all times since those measurements or calculations were made.\n  (3) A person that keeps documentation referred to in paragraph 14(2)(c) in relation to a radiocommunications transmitter is taken to have complied with paragraph 17(1)(d) in relation to the transmitter.\n\n> Note: Paragraph 17(1)(d) deals with records containing results and methods of assessments under section 12.\n\n#### 15 Compliance documentation obtained before 1 March 2003 – exception to ARPANSA Standard\n\n  Application\n  (1) This section applies to a person that, before 1 March 2003, obtained documentation showing that:\n    (a) the RF field produced by a radiocommunications transmitter operated under a transmitter licence did not exceed the exposure levels mentioned in sections 6.3, 6.7 and 6.8 of AS/NZS 2772.1, as existing at the time the documentation was obtained, at a place accessible to a member of the general public; and\n    (b) the RF field was:\n    (i) measured in accordance with AS 2772.2, as existing at the time the RF field was measured; or\n    (ii) calculated using a model or method that was derived from the mathematical formulae mentioned in Appendix B to AS 2772.2, as existing at the time the RF field was calculated.\n  Low risk transmitters\n  (2) Subject to subsection (7), a person that:\n    (a) operates a radiocommunications transmitter to which subsection 11(1) applies; and\n    (b) operates the transmitter on a site where there is no other radiocommunications transmitter; and\n    (c) keeps the documentation mentioned in subsection (1) in relation to the transmitter;\n  is taken not to operate the transmitter in contravention of the condition in subsection 10(1).\n  Higher risk transmitters\n  (3) Subject to subsection (7), a person that:\n    (a) operates a radiocommunications transmitter to which subsection 12(1) applies; and\n    (b) operates the transmitter on a site where there is no other radiocommunications transmitter; and\n    (c) keeps the documentation mentioned in subsection (1) in relation to that transmitter;\n  is taken to have made the measurement or calculation mentioned in subsection 12(2) in relation to the transmitter.\n  (4) A person that:\n    (a) operates a radiocommunications transmitter to which subsection 12(1) applies; and\n    (b) keeps the documentation mentioned in subsection (1) in relation to that transmitter;\n  is taken to have complied with paragraph 17(1)(d) in relation to that transmitter.\n  Multi-transmitter sites\n  (5) Subject to subsection (7), a person that:\n    (a) operates a radiocommunications transmitter on a site with more than one radiocommunications transmitter; and\n    (b) keeps the documentation mentioned in subsection (1) in relation to that transmitter that:\n    (i) includes the results of a measurement or calculation mentioned in paragraph (1)(b); and\n    (ii) shows that the transmitters on the site, taken as a whole, do not exceed the exposure levels mentioned in sections 6.3, 6.7 and 6.8 of AS/NZS 2772.1, as existing at the time the documentation was obtained, at a place accessible to a member of the general public;\n  is taken not to operate the transmitter in contravention of the condition in subsection 10(1).\n  (6) A person that:\n    (a) operates a radiocommunications transmitter on a site with more than one radiocommunications transmitter; and\n    (b) keeps the documentation mentioned in paragraph (5)(b) in relation to that transmitter;\n  is taken to have complied with paragraph 17(1)(d) in relation to that transmitter.\n  When exception ceases to apply\n  (7) Subsections (2), (3) and (5) cease to apply to a person if there has been a change at the site after the documentation mentioned in the relevant subsection was obtained.\n  (8) Without limiting subsection (7), in this section, a change at a site includes the following:\n    (a) a change in the number of radiocommunications transmitters at the site;\n    (b) altering the amount of power fed to any of the antennas of a radiocommunications transmitter at the site;\n    (c) changing the characteristics of any of those antennas, including an antenna’s:\n    (i) gain; or\n    (ii) size; or\n    (iii) height above the ground or other accessible surface; or\n    (iv) tilt;\n    (d) altering the emission designator of a radiocommunications transmitter at the site.\n  Definitions\n  (9) Despite subsection 6(1), in this section:\n\nmember of the general public means a person who is not an RF worker.\n\nRF worker means a person who may be exposed to RF fields under controlled conditions, in the course of and intrinsic to the nature of their work.\n\n  \n\n#### Part 4 Record-keeping for higher risk transmitters\n\n#### 16 Application of Part 4\n\n  This Part applies to a radiocommunications transmitter to which section 12 applies.\n\n#### 17 Condition – record-keeping\n\n  (1) A person must keep the following records in relation to a radiocommunications transmitter:\n    (a) a declaration of conformity, for the transmitter, that includes the information mentioned in subsection (2);\n    (b) the name and qualifications of any person who has assessed the transmitter for compliance with this instrument;\n    (c) the dates of any assessments;\n    (d) a record of the measurements or calculations made for the purposes of section 12;\n    (e) if subsection 12(3) applies in relation to the transmitter – a record mentioned in that subsection;\n    (f) the documentation mentioned in subsection 15(1) (if any) obtained by the person;\n    (g) details of the transmitter, including its power level, gain, size, tilt, manufacturer, model number and emission designator.\n  (2) For paragraph (1)(a), the information is:\n    (a) the person’s name, address, ABN (if any), and, if the person is a body corporate, one of the following:\n    (i) ACN (if any);\n    (ii) ARBN (if any);\n    (iii) incorporation or registration number under the law by which the body was incorporated; and\n    (b) details of the transmitter, including its location, antenna type and height above the ground or other accessible surface; and\n    (c) a statement that the RF field produced by the transmitter meets the requirements of subsection 10(1); and\n    (d) if the person is a body corporate – the name and position of the person making the declaration on behalf of the body corporate.\n\n> Note: Giving false or misleading information is a serious offence under section 137.1 of the Criminal Code.\n\n  (3) If a matter included in a declaration made for the purposes of paragraph (1)(a) changes or becomes incorrect, a new declaration must be made.\n  (4) For the purposes of subsection (1), a record:\n    (a) must be kept until the licence ceases to be in force; and\n    (b) must be available for inspection by the ACMA at a place nominated by the ACMA, or by a method nominated by the ACMA, after consultation with the person; and\n    (c) must be kept in English; and\n    (d) may be a copy of an original record; and\n    (e) may be kept in electronic form.\n  (5) Without limiting paragraph (4)(b), the place may be:\n    (a) the person’s street address, in Australia, provided on the licence application; or\n    (b) for a site on which more than one radiocommunications transmitter is located – at the street address of the site.\n\n#### 18 Condition – dispute over reliability of evaluation provided in compliance documentation\n\n  Request for report\n  (1) If the ACMA is not satisfied that a radiocommunications transmitter complies with section 10, the ACMA may, in writing, request the person:\n    (a) to have the transmitter assessed by a NATA-accredited body for compliance with section 10; and\n    (b) to obtain a report setting out whether or not the transmitter complies; and\n    (c) provide the report to the ACMA.\n  (2) Before giving a request under subsection (1) in relation to a radiocommunications transmitter, the ACMA must have regard to each of the following:\n    (a) the location of the transmitter, and whether the transmitter is in a place that is accessible to a member of the general public;\n    (b) the nature of the transmitter;\n    (c) the level of power of the transmitter.\n  Condition – compliance with request\n  (3) Subject to subsection (4), a person must comply with a request under subsection (1) within 30 days after the date of the request.\n  (4) The ACMA may extend the time for compliance with a request under subsection (1).\n\n#### 19 Condition – use of agent\n\n  Application\n  (1) This section applies if a person uses an agent:\n    (a) to ensure that a radiocommunications transmitter complies with this instrument; and\n    (b) to keep documents that the person is required to keep under this instrument.\n  Condition\n  (2) The person and the agent must keep a copy of the agency agreement for the same period that records must be kept under this instrument.","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Application of Part 3","content":"#### 9 Application of Part 3\n\n  (1) The conditions in this Part do not apply to the operation, by a person, of:\n    (a) a radiocommunications transmitter under a space licence; or\n    (b) a compliant mobile station.\n  (2) For the purposes of paragraph (1)(b), a mobile station is a compliant mobile station if:\n    (a) clause 3 of Schedule 4 to the Radiocommunications Equipment (General) Rules 2021 prescribes a standard for the mobile station; and\n    (b) the mobile station complies with that standard; and\n    (c) the mobile station is not a device mentioned in section 53 of the Radiocommunications Equipment (General) Rules 2021.\n\n> Note 1: The Radiocommunications Equipment (General) Rules 2021 are available, free of charge, from the Federal Register of Legislation at www.legislation.gov.au.\n\n> Note 2: For the purposes of paragraph (1)(b), a mobile station is only a compliant mobile station if it meets the electromagnetic energy (EME) standard set out in clause 3 of Schedule 4 to the Radiocommunications Equipment (General) Rules 2021 and if its operation is not exempt from the EME standard under section 53 of that instrument.","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Condition — compliance with electromagnetic energy standard","content":"#### 10 Condition – compliance with electromagnetic energy standard\n\n  Condition – general case\n  (1) A person must not operate a radiocommunications transmitter if the RF field produced by the transmitter exceeds the reference levels for general public exposure at a place accessible to a member of the general public.\n\n> Note: Examples: The following are examples of a type of place that is accessible to a member of the general public:\n\n    (a) a private residence;\n    (b) a public park;\n    (c) a building roof top with a transmitter antenna located on the roof top, where access is not restricted by the site manager or operator.\n  Measuring compliance with the condition\n  (2) For purposes of subsection 11(3), subsection 12(2) and paragraph 14(2)(b):\n    (a) if the radiocommunications transmitter operates on a frequency in the 10 MHz to 30 MHz frequency band, only one of the following properties needs to be measured or calculated to show compliance with subsection (1) at places in the far field of the antenna:\n    (i) incident electric field strength;\n    (ii) incident magnetic field strength; or\n    (b) if the radiocommunications transmitter operates on a frequency in the 30 MHz to 2 GHz frequency band, only one of the following properties needs to be measured or calculated to show compliance with subsection (1) at places in the far field of the antenna:\n    (i) incident electric field strength;\n    (ii) incident magnetic field strength;\n    (iii) incident power density; or\n    (c) if the transmitter operates on a frequency greater than 2 GHz, only the incident power density needs to be measured or calculated to show compliance with subsection (1) at places in the far field of the antenna.\n  (3) In subsection (2), each of the following terms has the same meaning as in the ARPANSA Standard:\n    (a) incident electric field strength;\n    (b) incident magnetic field strength;\n    (c) incident power density.\n  Condition – simultaneous transmissions\n  (4) A person must not operate a radiocommunications transmitter to transmit simultaneously on multiple frequencies, unless the transmitter meets the requirements specified in section 3 (Simultaneous exposure to multiple frequency fields) of the ARPANSA Standard.","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Presumption about compliance with the condition in subsection 10(1) — low risk transmitters","content":"#### 11 Presumption about compliance with the condition in subsection 10(1) – low risk transmitters\n\n  Application\n  (1) This section applies to a radiocommunications transmitter (other than a mobile station):\n    (a) for which:\n    (i) the average total power supplied by the transmitter to all antennas fed by the transmitter is not more than 100 W; and\n    (ii) each antenna fed by the transmitter is installed so that it is inaccessible to a member of the general public; or\n    (b) for which:\n    (i) the bottom of the lowest antenna fed by the transmitter is at least 10 m above ground level; and\n    (ii) the average total EIRP of all antennas fed by the transmitter is not more than 3200 W in any direction; or\n    (c) that is a point to point station operating on a frequency greater than 1 GHz.\n\n> Note: Examples: For subparagraph (a)(ii), the following are examples of a type of place that is inaccessible to a member of the general public:\n\n    (a) the area around an antenna that is fenced and where entry is through a locked gate;\n    (b) the area around a tower where the tower cannot be climbed except by the use of an external aid.\n  (2) This section also applies to a mobile station for which the average total power supplied by the station to all antennas fed by the station is not more than 100 W.\n  Presumption\n  (3) A person is presumed, unless the contrary is proved, not to have operated a radiocommunications transmitter in contravention of the condition in subsection 10(1) if the person has a document that:\n    (a) sets out the measurements or calculations for the transmitter specified in subsection 10(2); and\n    (b) those measurements or calculations are to the effect that the operation of the transmitter complies with subsection 10(1).","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Condition — measurements or calculations of electromagnetic energy — higher risk transmitters","content":"#### 12 Condition – measurements or calculations of electromagnetic energy – higher risk transmitters\n\n  Application\n\n  This section applies to a radiocommunications transmitter other than a radiocommunications transmitter mentioned in subsection 11(1) or 11(2).\n\n  Condition – general requirement to measure or calculate RF fields\n  (2) Subject to subsections (3), (4) and (5), a person must not operate a radiocommunications transmitter unless the person has measured or calculated the RF fields produced by the transmitter in accordance with one of the following:\n    (a) if AS/NZS 2772.2 applies in relation to the transmitter – AS/NZS 2772.2;\n    (b) if AS/NZS IEC 62232 applies in relation to the transmitter – AS/NZS IEC 62232;\n    (c) if C95.3 applies in relation to the transmitter – C95.3;\n    (d) if IEC 62232 applies in relation to the transmitter – IEC 62232;\n    (e) if IEC 62577 applies in relation to the transmitter – IEC 62577.\n\n> Note: A record of measurements or calculations made under this subsection must be kept (see paragraph 17(1)(d)).\n\n  Measurements and calculations made before 31 March 2025\n  (3) A person is taken to comply with subsection (2) if:\n    (a) the person complied, or was taken to have complied, with the former measurement provision before 31 March 2025; and\n    (b) in the period commencing when the person complied, or was taken to have complied, with the former measurement provision and ending immediately before 31 March 2025, the person had kept a record of any assessments, measurements or calculations made to comply, or to be taken to have complied, with the former measurement provision.\n\n> Note: Any such record of measurements or calculations must continue to be kept after 31 March 2025 (see paragraph 17(1)(e)).\n\n  Measurements and calculations made before relevant document amended\n  (4) If a relevant document is amended after 31 March 2025, a person is taken to comply with subsection (2) if the person measured or calculated RF fields produced by a radiocommunications transmitter, in accordance with the relevant document as existing immediately before it was amended, in the period:\n    (a) commencing on 31 March 2025; and\n    (b) ending immediately before the relevant document was amended.\n\n> Note: A record of such measurements or calculations must be kept (see paragraph 17(1)(d)).\n\n  Measurements and calculations made after relevant document amended\n  (5) If a relevant document is amended after 31 March 2025, a person is taken to comply with subsection (2) if the person measured or calculated RF fields produced by a radiocommunications transmitter, in accordance with the relevant document as existing immediately before it was amended, in the period:\n    (a) commencing when the relevant document was amended; and\n    (b) ending on the first anniversary of the day the relevant document was amended.\n\n> Note: A record of such measurements or calculations must be kept (see paragraph 17(1)(d)).\n\n  Definitions\n  (6) In this section:\n\nformer measurement provision means subsection 10(2) of the Radiocommunications Licence Conditions (Apparatus Licence) Determination 2015 as in force immediately before 31 March 2025.\n\n> Note: The Radiocommunications Licence Conditions (Apparatus Licence) Determination 2015, as in force immediately before 31 March 2025, is available, free of charge, from the Federal Register of Legislation at www.legislation.gov.au.\n\nrelevant document means each of the following:\n\n    AS/NZS 2772.2;\n    AS/NZS IEC 62232;\n\n    (c) C95.3;\n    (d) IEC 62232;\n    (e) IEC 62577.","sortOrder":14},{"sectionNumber":"13","sectionType":"section","heading":"Condition — requirement to reassess installed transmitter after change","content":"#### 13 Condition – requirement to reassess installed transmitter after change\n\n  (1) If a radiocommunications transmitter to which section 11 has applied is changed so that section 11 no longer applies to the transmitter, the transmitter must be assessed in accordance with section 12 from the time the change occurs.\n  (2) Without limiting subsection (1), in this section a change to a radiocommunications transmitter includes the following:\n    (a) moving the transmitter to a different site;\n    (b) altering the amount of power fed to the transmitter’s antennas;\n    (c) changing the characteristics of any of the transmitter’s antennas, including an antenna’s:\n    (i) gain; or\n    (ii) size; or\n    (iii) height above the ground or other accessible surface; or\n    (iv) tilt;\n    (d) altering the transmitter’s emission designator.","sortOrder":15},{"sectionNumber":"14","sectionType":"section","heading":"Multi-transmitter sites","content":"#### 14 Multi-transmitter sites\n\n  Application\n  (1) This section applies to a person that operates a radiocommunications transmitter on a site that has more than one radiocommunications transmitter.\n  Presumption\n  (2) A person is presumed, unless the contrary is proved, not to have operated a radiocommunications transmitter in contravention of the condition in subsection 10(1) if:\n    (a) the person has made the measurements or calculations specified in subsection 12(2), for all the transmitters at the site, as a whole; and\n    (b) those measurements or calculations are to the effect that the operation of all those transmitters, as a whole, would comply with subsection 10(1); and\n    (c) the person has retained possession of documentation setting out those measurements or calculations at all times since those measurements or calculations were made.\n  (3) A person that keeps documentation referred to in paragraph 14(2)(c) in relation to a radiocommunications transmitter is taken to have complied with paragraph 17(1)(d) in relation to the transmitter.\n\n> Note: Paragraph 17(1)(d) deals with records containing results and methods of assessments under section 12.","sortOrder":16},{"sectionNumber":"15","sectionType":"section","heading":"Compliance documentation obtained before 1 March 2003 — exception to ARPANSA Standard","content":"#### 15 Compliance documentation obtained before 1 March 2003 – exception to ARPANSA Standard\n\n  Application\n  (1) This section applies to a person that, before 1 March 2003, obtained documentation showing that:\n    (a) the RF field produced by a radiocommunications transmitter operated under a transmitter licence did not exceed the exposure levels mentioned in sections 6.3, 6.7 and 6.8 of AS/NZS 2772.1, as existing at the time the documentation was obtained, at a place accessible to a member of the general public; and\n    (b) the RF field was:\n    (i) measured in accordance with AS 2772.2, as existing at the time the RF field was measured; or\n    (ii) calculated using a model or method that was derived from the mathematical formulae mentioned in Appendix B to AS 2772.2, as existing at the time the RF field was calculated.\n  Low risk transmitters\n  (2) Subject to subsection (7), a person that:\n    (a) operates a radiocommunications transmitter to which subsection 11(1) applies; and\n    (b) operates the transmitter on a site where there is no other radiocommunications transmitter; and\n    (c) keeps the documentation mentioned in subsection (1) in relation to the transmitter;\n  is taken not to operate the transmitter in contravention of the condition in subsection 10(1).\n  Higher risk transmitters\n  (3) Subject to subsection (7), a person that:\n    (a) operates a radiocommunications transmitter to which subsection 12(1) applies; and\n    (b) operates the transmitter on a site where there is no other radiocommunications transmitter; and\n    (c) keeps the documentation mentioned in subsection (1) in relation to that transmitter;\n  is taken to have made the measurement or calculation mentioned in subsection 12(2) in relation to the transmitter.\n  (4) A person that:\n    (a) operates a radiocommunications transmitter to which subsection 12(1) applies; and\n    (b) keeps the documentation mentioned in subsection (1) in relation to that transmitter;\n  is taken to have complied with paragraph 17(1)(d) in relation to that transmitter.\n  Multi-transmitter sites\n  (5) Subject to subsection (7), a person that:\n    (a) operates a radiocommunications transmitter on a site with more than one radiocommunications transmitter; and\n    (b) keeps the documentation mentioned in subsection (1) in relation to that transmitter that:\n    (i) includes the results of a measurement or calculation mentioned in paragraph (1)(b); and\n    (ii) shows that the transmitters on the site, taken as a whole, do not exceed the exposure levels mentioned in sections 6.3, 6.7 and 6.8 of AS/NZS 2772.1, as existing at the time the documentation was obtained, at a place accessible to a member of the general public;\n  is taken not to operate the transmitter in contravention of the condition in subsection 10(1).\n  (6) A person that:\n    (a) operates a radiocommunications transmitter on a site with more than one radiocommunications transmitter; and\n    (b) keeps the documentation mentioned in paragraph (5)(b) in relation to that transmitter;\n  is taken to have complied with paragraph 17(1)(d) in relation to that transmitter.\n  When exception ceases to apply\n  (7) Subsections (2), (3) and (5) cease to apply to a person if there has been a change at the site after the documentation mentioned in the relevant subsection was obtained.\n  (8) Without limiting subsection (7), in this section, a change at a site includes the following:\n    (a) a change in the number of radiocommunications transmitters at the site;\n    (b) altering the amount of power fed to any of the antennas of a radiocommunications transmitter at the site;\n    (c) changing the characteristics of any of those antennas, including an antenna’s:\n    (i) gain; or\n    (ii) size; or\n    (iii) height above the ground or other accessible surface; or\n    (iv) tilt;\n    (d) altering the emission designator of a radiocommunications transmitter at the site.\n  Definitions\n  (9) Despite subsection 6(1), in this section:\n\nmember of the general public means a person who is not an RF worker.\n\nRF worker means a person who may be exposed to RF fields under controlled conditions, in the course of and intrinsic to the nature of their work.","sortOrder":17},{"sectionNumber":"Part 4 Record-keeping for higher risk tr","sectionType":"section","heading":"Part 4 Record-keeping for higher risk transmitters","content":"#### Part 1 Preliminary\n\n#### 1 Name\n\n  This is the Radiocommunications Licence Conditions (Transmitter Licence) Determination 2025.\n\n#### 2 Commencement\n\n  This instrument commences on 31 March 2025.\n\n#### 3 Authority\n\n  This instrument is made under subsection 110A(2) of the Act.\n\n#### 4 Repeal\n\n  The Radiocommunications Licence Conditions (Apparatus Licence) Determination 2015 (F2015L00210) is repealed.\n\n#### 5 Application\n\n  (1) Subject to subsection (2), every transmitter licence is subject to the conditions in this instrument.\n\n> Note 1: A person is required, when operating a radiocommunications device under an apparatus licence, to comply with any conditions of the licence (see subsection 97(4) and section 113 of the Act). By this instrument, the ACMA has determined that each transmitter licence is taken to include licence conditions that ensure that electromagnetic radiation emitted by a radiocommunications transmitter operated by a person under a transmitter licence does not exceed safe levels for general public exposure.\n\n> Note 2: The ACMA may obtain information or documents under section 284S of the Act that relate to compliance or non-compliance with the conditions in this instrument.\n\n  (2) If:\n    (a) a condition is specified in a transmitter 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.\n\n#### 6 Interpretation\n\n  (1) In this instrument, unless the contrary intention appears:\n\n> ABN has the meaning given by section 41 of the A New Tax System (Australian Business Number) Act 1999.\n\n> ACN has the meaning given by section 9 of the Corporations Act 2001.\n\n> ARBN has the meaning given by section 9 of the Corporations Act 2001.\n\n> AS 2772.2 means the former Australian Standard AS 2772.2-1988 Radiofrequency radiation Part 2: Principles and methods of measurement—300 kHz to 100 GHz, published by Standards Australia.\n\nNote: AS 2772.2 may be obtained, for a fee, directly from the website of Standards Australia or a distributor listed on the Standards Australia website: www.standards.org.au. AS 2772.2 is also available to be viewed, on prior request, at an ACMA office, subject to licensing conditions.\n\n> AS/NZS 2772.1 means the former Australian/New Zealand Standard AS/NZS 2772.1 (Int):1998 Radiofrequency fields Part 1: Maximum exposure levels—3 kHz to 300 GHz, published by Standards Australia and Standards New Zealand.\n\nNote: AS/NZS 2772.1 may be obtained, for a fee, directly from the website of Standards Australia or a distributor listed on the Standards Australia website: www.standards.org.au. AS/NZS 2772.1 is also available to be viewed, on prior request, at an ACMA office, subject to licensing conditions.\n\n> AS/NZS 2772.2 means:\n\n    (a) the document titled ‘AS/NZS 2772.2:2016 – Radiofrequency fields, Part 2: Principles and methods of measurement and computation – 3 kHz to 300 GHz’, published by Standards Australia; or\n    (b) if a later document published by Standards Australia is expressed to replace the document mentioned in paragraph (a) – the later document.\n\nNote: AS/NZS 2772.2 may be obtained, for a fee, directly from the website of Standards Australia or a distributor listed on the Standards Australia website: www.standards.org.au. AS/NZS 2772.2 is also available to be viewed, on prior request, at an ACMA office, subject to licensing conditions.\n\n> AS/NZS IEC 62232 means:\n\n    (a) the document titled ‘AS/NZS IEC 62232:2023 – Determination of RF field strength, power density and SAR in the vicinity of base stations for the purpose of evaluating human exposure’, published by Standards Australia; or\n    (b) if a later document published by Standards Australia is expressed to replace the document mentioned in paragraph (a) – the later document.\n\nNote: AS/NZS IEC 62232 may be obtained, for a fee, directly from the website of Standards Australia or a distributor listed on the Standards Australia website: www.standards.org.au. AS/NZS IEC 62232 is also available to be viewed, on prior request, at an ACMA office, subject to licensing conditions.\n\n> Aware User has the meaning given by paragraph 5.1.1(c) of the ARPANSA Standard.\n\n> C95.3 means:\n\n    (a) the document titled ‘IEEE C95.3:2021 – IEEE Recommended Practice for Measurements and Computations of Electric, Magnetic, and Electromagnetic Fields with Respect to Human Exposure to Such Fields, 0 Hz to 300 GHz’, published by the Institute of Electrical and Electronics Engineers; or\n    (b) if a later document published by the Institute of Electrical and Electronics Engineers is expressed to replace the document mentioned in paragraph (a) – the later document.\n\nNote: C95.3 may be obtained, free of charge, from the website of the Institute of Electrical and Electronics Engineers: standards.ieee.org.\n\n> Controlled Area has the meaning given by section 5.1.2 of the ARPANSA Standard.\n\n> Controlled Area Worker has the meaning given by paragraph 5.1.1(b) of the ARPANSA Standard.\n\n> emission designator has the meaning given by:\n\n(a) the Radiocommunications (Interpretation – Technical Framework) Determination 2024; or\n\n(b) if a later instrument replaces that determination and defines the expression – the later instrument.\n\n> far field, of an antenna, means the region at distances from the antenna greater than the larger of:\n\n    (a) 2D2/λ; and\n    (b) 0.5 λ;\n    where:\n    “λ” (wavelength) means the wavelength of the transmissions from the antenna;\n    “D” (dimension) means the maximum lineal dimension of the antenna.\n\n> IEC 62232 means:\n\n    (a) the document titled ‘IEC 62232:2022 – Determination of RF field strength, power density and SAR in the vicinity of base stations for the purpose of evaluating human exposure’, published by the International Electrotechnical Commission; or\n    (b) if a later document published by the International Electrotechnical Commission is expressed to replace the document mentioned in paragraph (a) – the later document.\n\nNote: IEC 62232 may be obtained, for a fee, directly from the website of Standards Australia or a distributor listed on the Standards Australia website: www.standards.org.au. IEC 62232 is also available to be viewed, on prior request, at an ACMA office, subject to licensing conditions.\n\n> IEC 62577 means:\n\n    (a) the document titled ‘IEC 62577:2009 – Evaluation of human exposure to electromagnetic fields from a stand-alone broadcast transmitter (30 MHz – 40 GHz)’, published by the International Electrotechnical Commission; or\n    (b) if a later document published by the International Electrotechnical Commission is expressed to replace the document mentioned in paragraph (a) – the later document.\n\nNote: IEC 62577 may be obtained, for a fee, directly from the website of Standards Australia or a distributor listed on the Standards Australia website: www.standards.org.au. IEC 62577 is also available to be viewed, on prior request, at an ACMA office, subject to licensing conditions.\n\n> member of the general public means a person other than:\n\n    (a) an Aware User; or\n    (b) in relation to a Controlled Area – a Controlled Area Worker for the Controlled Area; or\n    (c) an RF Worker; or\n    (d) in relation to a Controlled Area – a Supervised Visitor to the Controlled Area.\n\n> NATA means the National Association of Testing Authorities Australia (ACN 004 379 748).\n\n> NATA‑accredited body means a body accredited by NATA to assess or measure RF field strength levels in accordance with AS 2772.2 or AS/NZS 2772.2.\n\n> receiver means a radiocommunications receiver.\n\n> reference levels has the meaning given by sections 2 and 3 of the ARPANSA Standard.\n\n> RF field means a physical field, which specifies the electric and magnetic states of a medium or free space, quantified by vectors representing the electric field strength and the magnetic field strength.\n\n> RF Worker has the meaning given by paragraph 5.1.1(a) of the ARPANSA Standard.\n\n> Standards Australia means Standards Australia Limited (ACN 087 326 690).\n\n> Standards New Zealand means NZ Standards Organisation, New Zealand's national standards body.\n\n> Supervised Visitor has the meaning given by paragraph 5.1.1(d) of the ARPANSA Standard.\n\n> Note 1: A number of other expressions used in this instrument are defined in the Act, including the following:\n\n    (a) ACMA;\n    (b) inspector;\n    (c) interference;\n    (d) operate;\n    (e) radiocommunications device;\n    (f) radiocommunications receiver;\n    (g) radiocommunications transmitter;\n    (h) transmitter licence.\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 that applies to this instrument, including:\n\n    (a) Act;\n    (b) ARPANSA Standard;\n    (c) EIRP;\n    (d) mobile station;\n    (e) point to point station;\n    (f) space licence;\n    (g) station.\n  (2) A term that is:\n    (a) used (but not defined) in this instrument; and\n    (b) defined in the Glossary of the ARPANSA Standard;\n    has the meaning given by that Glossary.\n\n> Note: The ARPANSA Standard is available, free of charge, from the website of the Australian Radiation Protection and Nuclear Safety Agency at www.arpansa.gov.au.\n\n  (3) In this instrument, unless the contrary intention appears, a reference to a part of the spectrum or frequency band includes all frequencies that are greater than but not including the lower frequency, up to and including the higher frequency.\n\n> Note: This means the lower number in the reference to the part of the spectrum or frequency band is not included in the part or band.\n\n#### 7 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.\n\n  \n\n#### Part 2 Operation of transmitters – general condition\n\n#### 8 Condition – permitted communications\n\n  A person must operate a radiocommunications transmitter only to communicate with a station or receiver with which the person or transmitter is permitted by the conditions of the licence to communicate, unless:\n    (a) the transmission of a message is in relation to a distress or emergency situation; or\n    (b) the person is authorised, in writing, by the ACMA or an inspector, to communicate with another station or receiver in relation to the investigation of interference.\n\n  \n\n#### Part 3 Operation of transmitters – electromagnetic radiation requirements\n\n#### 9 Application of Part 3\n\n  (1) The conditions in this Part do not apply to the operation, by a person, of:\n    (a) a radiocommunications transmitter under a space licence; or\n    (b) a compliant mobile station.\n  (2) For the purposes of paragraph (1)(b), a mobile station is a compliant mobile station if:\n    (a) clause 3 of Schedule 4 to the Radiocommunications Equipment (General) Rules 2021 prescribes a standard for the mobile station; and\n    (b) the mobile station complies with that standard; and\n    (c) the mobile station is not a device mentioned in section 53 of the Radiocommunications Equipment (General) Rules 2021.\n\n> Note 1: The Radiocommunications Equipment (General) Rules 2021 are available, free of charge, from the Federal Register of Legislation at www.legislation.gov.au.\n\n> Note 2: For the purposes of paragraph (1)(b), a mobile station is only a compliant mobile station if it meets the electromagnetic energy (EME) standard set out in clause 3 of Schedule 4 to the Radiocommunications Equipment (General) Rules 2021 and if its operation is not exempt from the EME standard under section 53 of that instrument.\n\n#### 10 Condition – compliance with electromagnetic energy standard\n\n  Condition – general case\n  (1) A person must not operate a radiocommunications transmitter if the RF field produced by the transmitter exceeds the reference levels for general public exposure at a place accessible to a member of the general public.\n\n> Note: Examples: The following are examples of a type of place that is accessible to a member of the general public:\n\n    (a) a private residence;\n    (b) a public park;\n    (c) a building roof top with a transmitter antenna located on the roof top, where access is not restricted by the site manager or operator.\n  Measuring compliance with the condition\n  (2) For purposes of subsection 11(3), subsection 12(2) and paragraph 14(2)(b):\n    (a) if the radiocommunications transmitter operates on a frequency in the 10 MHz to 30 MHz frequency band, only one of the following properties needs to be measured or calculated to show compliance with subsection (1) at places in the far field of the antenna:\n    (i) incident electric field strength;\n    (ii) incident magnetic field strength; or\n    (b) if the radiocommunications transmitter operates on a frequency in the 30 MHz to 2 GHz frequency band, only one of the following properties needs to be measured or calculated to show compliance with subsection (1) at places in the far field of the antenna:\n    (i) incident electric field strength;\n    (ii) incident magnetic field strength;\n    (iii) incident power density; or\n    (c) if the transmitter operates on a frequency greater than 2 GHz, only the incident power density needs to be measured or calculated to show compliance with subsection (1) at places in the far field of the antenna.\n  (3) In subsection (2), each of the following terms has the same meaning as in the ARPANSA Standard:\n    (a) incident electric field strength;\n    (b) incident magnetic field strength;\n    (c) incident power density.\n  Condition – simultaneous transmissions\n  (4) A person must not operate a radiocommunications transmitter to transmit simultaneously on multiple frequencies, unless the transmitter meets the requirements specified in section 3 (Simultaneous exposure to multiple frequency fields) of the ARPANSA Standard.\n\n#### 11 Presumption about compliance with the condition in subsection 10(1) – low risk transmitters\n\n  Application\n  (1) This section applies to a radiocommunications transmitter (other than a mobile station):\n    (a) for which:\n    (i) the average total power supplied by the transmitter to all antennas fed by the transmitter is not more than 100 W; and\n    (ii) each antenna fed by the transmitter is installed so that it is inaccessible to a member of the general public; or\n    (b) for which:\n    (i) the bottom of the lowest antenna fed by the transmitter is at least 10 m above ground level; and\n    (ii) the average total EIRP of all antennas fed by the transmitter is not more than 3200 W in any direction; or\n    (c) that is a point to point station operating on a frequency greater than 1 GHz.\n\n> Note: Examples: For subparagraph (a)(ii), the following are examples of a type of place that is inaccessible to a member of the general public:\n\n    (a) the area around an antenna that is fenced and where entry is through a locked gate;\n    (b) the area around a tower where the tower cannot be climbed except by the use of an external aid.\n  (2) This section also applies to a mobile station for which the average total power supplied by the station to all antennas fed by the station is not more than 100 W.\n  Presumption\n  (3) A person is presumed, unless the contrary is proved, not to have operated a radiocommunications transmitter in contravention of the condition in subsection 10(1) if the person has a document that:\n    (a) sets out the measurements or calculations for the transmitter specified in subsection 10(2); and\n    (b) those measurements or calculations are to the effect that the operation of the transmitter complies with subsection 10(1).\n\n#### 12 Condition – measurements or calculations of electromagnetic energy – higher risk transmitters\n\n  Application\n\n  This section applies to a radiocommunications transmitter other than a radiocommunications transmitter mentioned in subsection 11(1) or 11(2).\n\n  Condition – general requirement to measure or calculate RF fields\n  (2) Subject to subsections (3), (4) and (5), a person must not operate a radiocommunications transmitter unless the person has measured or calculated the RF fields produced by the transmitter in accordance with one of the following:\n    (a) if AS/NZS 2772.2 applies in relation to the transmitter – AS/NZS 2772.2;\n    (b) if AS/NZS IEC 62232 applies in relation to the transmitter – AS/NZS IEC 62232;\n    (c) if C95.3 applies in relation to the transmitter – C95.3;\n    (d) if IEC 62232 applies in relation to the transmitter – IEC 62232;\n    (e) if IEC 62577 applies in relation to the transmitter – IEC 62577.\n\n> Note: A record of measurements or calculations made under this subsection must be kept (see paragraph 17(1)(d)).\n\n  Measurements and calculations made before 31 March 2025\n  (3) A person is taken to comply with subsection (2) if:\n    (a) the person complied, or was taken to have complied, with the former measurement provision before 31 March 2025; and\n    (b) in the period commencing when the person complied, or was taken to have complied, with the former measurement provision and ending immediately before 31 March 2025, the person had kept a record of any assessments, measurements or calculations made to comply, or to be taken to have complied, with the former measurement provision.\n\n> Note: Any such record of measurements or calculations must continue to be kept after 31 March 2025 (see paragraph 17(1)(e)).\n\n  Measurements and calculations made before relevant document amended\n  (4) If a relevant document is amended after 31 March 2025, a person is taken to comply with subsection (2) if the person measured or calculated RF fields produced by a radiocommunications transmitter, in accordance with the relevant document as existing immediately before it was amended, in the period:\n    (a) commencing on 31 March 2025; and\n    (b) ending immediately before the relevant document was amended.\n\n> Note: A record of such measurements or calculations must be kept (see paragraph 17(1)(d)).\n\n  Measurements and calculations made after relevant document amended\n  (5) If a relevant document is amended after 31 March 2025, a person is taken to comply with subsection (2) if the person measured or calculated RF fields produced by a radiocommunications transmitter, in accordance with the relevant document as existing immediately before it was amended, in the period:\n    (a) commencing when the relevant document was amended; and\n    (b) ending on the first anniversary of the day the relevant document was amended.\n\n> Note: A record of such measurements or calculations must be kept (see paragraph 17(1)(d)).\n\n  Definitions\n  (6) In this section:\n\nformer measurement provision means subsection 10(2) of the Radiocommunications Licence Conditions (Apparatus Licence) Determination 2015 as in force immediately before 31 March 2025.\n\n> Note: The Radiocommunications Licence Conditions (Apparatus Licence) Determination 2015, as in force immediately before 31 March 2025, is available, free of charge, from the Federal Register of Legislation at www.legislation.gov.au.\n\nrelevant document means each of the following:\n\n    AS/NZS 2772.2;\n    AS/NZS IEC 62232;\n\n    (c) C95.3;\n    (d) IEC 62232;\n    (e) IEC 62577.\n\n#### 13 Condition – requirement to reassess installed transmitter after change\n\n  (1) If a radiocommunications transmitter to which section 11 has applied is changed so that section 11 no longer applies to the transmitter, the transmitter must be assessed in accordance with section 12 from the time the change occurs.\n  (2) Without limiting subsection (1), in this section a change to a radiocommunications transmitter includes the following:\n    (a) moving the transmitter to a different site;\n    (b) altering the amount of power fed to the transmitter’s antennas;\n    (c) changing the characteristics of any of the transmitter’s antennas, including an antenna’s:\n    (i) gain; or\n    (ii) size; or\n    (iii) height above the ground or other accessible surface; or\n    (iv) tilt;\n    (d) altering the transmitter’s emission designator.\n\n#### 14 Multi-transmitter sites\n\n  Application\n  (1) This section applies to a person that operates a radiocommunications transmitter on a site that has more than one radiocommunications transmitter.\n  Presumption\n  (2) A person is presumed, unless the contrary is proved, not to have operated a radiocommunications transmitter in contravention of the condition in subsection 10(1) if:\n    (a) the person has made the measurements or calculations specified in subsection 12(2), for all the transmitters at the site, as a whole; and\n    (b) those measurements or calculations are to the effect that the operation of all those transmitters, as a whole, would comply with subsection 10(1); and\n    (c) the person has retained possession of documentation setting out those measurements or calculations at all times since those measurements or calculations were made.\n  (3) A person that keeps documentation referred to in paragraph 14(2)(c) in relation to a radiocommunications transmitter is taken to have complied with paragraph 17(1)(d) in relation to the transmitter.\n\n> Note: Paragraph 17(1)(d) deals with records containing results and methods of assessments under section 12.\n\n#### 15 Compliance documentation obtained before 1 March 2003 – exception to ARPANSA Standard\n\n  Application\n  (1) This section applies to a person that, before 1 March 2003, obtained documentation showing that:\n    (a) the RF field produced by a radiocommunications transmitter operated under a transmitter licence did not exceed the exposure levels mentioned in sections 6.3, 6.7 and 6.8 of AS/NZS 2772.1, as existing at the time the documentation was obtained, at a place accessible to a member of the general public; and\n    (b) the RF field was:\n    (i) measured in accordance with AS 2772.2, as existing at the time the RF field was measured; or\n    (ii) calculated using a model or method that was derived from the mathematical formulae mentioned in Appendix B to AS 2772.2, as existing at the time the RF field was calculated.\n  Low risk transmitters\n  (2) Subject to subsection (7), a person that:\n    (a) operates a radiocommunications transmitter to which subsection 11(1) applies; and\n    (b) operates the transmitter on a site where there is no other radiocommunications transmitter; and\n    (c) keeps the documentation mentioned in subsection (1) in relation to the transmitter;\n  is taken not to operate the transmitter in contravention of the condition in subsection 10(1).\n  Higher risk transmitters\n  (3) Subject to subsection (7), a person that:\n    (a) operates a radiocommunications transmitter to which subsection 12(1) applies; and\n    (b) operates the transmitter on a site where there is no other radiocommunications transmitter; and\n    (c) keeps the documentation mentioned in subsection (1) in relation to that transmitter;\n  is taken to have made the measurement or calculation mentioned in subsection 12(2) in relation to the transmitter.\n  (4) A person that:\n    (a) operates a radiocommunications transmitter to which subsection 12(1) applies; and\n    (b) keeps the documentation mentioned in subsection (1) in relation to that transmitter;\n  is taken to have complied with paragraph 17(1)(d) in relation to that transmitter.\n  Multi-transmitter sites\n  (5) Subject to subsection (7), a person that:\n    (a) operates a radiocommunications transmitter on a site with more than one radiocommunications transmitter; and\n    (b) keeps the documentation mentioned in subsection (1) in relation to that transmitter that:\n    (i) includes the results of a measurement or calculation mentioned in paragraph (1)(b); and\n    (ii) shows that the transmitters on the site, taken as a whole, do not exceed the exposure levels mentioned in sections 6.3, 6.7 and 6.8 of AS/NZS 2772.1, as existing at the time the documentation was obtained, at a place accessible to a member of the general public;\n  is taken not to operate the transmitter in contravention of the condition in subsection 10(1).\n  (6) A person that:\n    (a) operates a radiocommunications transmitter on a site with more than one radiocommunications transmitter; and\n    (b) keeps the documentation mentioned in paragraph (5)(b) in relation to that transmitter;\n  is taken to have complied with paragraph 17(1)(d) in relation to that transmitter.\n  When exception ceases to apply\n  (7) Subsections (2), (3) and (5) cease to apply to a person if there has been a change at the site after the documentation mentioned in the relevant subsection was obtained.\n  (8) Without limiting subsection (7), in this section, a change at a site includes the following:\n    (a) a change in the number of radiocommunications transmitters at the site;\n    (b) altering the amount of power fed to any of the antennas of a radiocommunications transmitter at the site;\n    (c) changing the characteristics of any of those antennas, including an antenna’s:\n    (i) gain; or\n    (ii) size; or\n    (iii) height above the ground or other accessible surface; or\n    (iv) tilt;\n    (d) altering the emission designator of a radiocommunications transmitter at the site.\n  Definitions\n  (9) Despite subsection 6(1), in this section:\n\nmember of the general public means a person who is not an RF worker.\n\nRF worker means a person who may be exposed to RF fields under controlled conditions, in the course of and intrinsic to the nature of their work.\n\n  \n\n#### Part 4 Record-keeping for higher risk transmitters\n\n#### 16 Application of Part 4\n\n  This Part applies to a radiocommunications transmitter to which section 12 applies.\n\n#### 17 Condition – record-keeping\n\n  (1) A person must keep the following records in relation to a radiocommunications transmitter:\n    (a) a declaration of conformity, for the transmitter, that includes the information mentioned in subsection (2);\n    (b) the name and qualifications of any person who has assessed the transmitter for compliance with this instrument;\n    (c) the dates of any assessments;\n    (d) a record of the measurements or calculations made for the purposes of section 12;\n    (e) if subsection 12(3) applies in relation to the transmitter – a record mentioned in that subsection;\n    (f) the documentation mentioned in subsection 15(1) (if any) obtained by the person;\n    (g) details of the transmitter, including its power level, gain, size, tilt, manufacturer, model number and emission designator.\n  (2) For paragraph (1)(a), the information is:\n    (a) the person’s name, address, ABN (if any), and, if the person is a body corporate, one of the following:\n    (i) ACN (if any);\n    (ii) ARBN (if any);\n    (iii) incorporation or registration number under the law by which the body was incorporated; and\n    (b) details of the transmitter, including its location, antenna type and height above the ground or other accessible surface; and\n    (c) a statement that the RF field produced by the transmitter meets the requirements of subsection 10(1); and\n    (d) if the person is a body corporate – the name and position of the person making the declaration on behalf of the body corporate.\n\n> Note: Giving false or misleading information is a serious offence under section 137.1 of the Criminal Code.\n\n  (3) If a matter included in a declaration made for the purposes of paragraph (1)(a) changes or becomes incorrect, a new declaration must be made.\n  (4) For the purposes of subsection (1), a record:\n    (a) must be kept until the licence ceases to be in force; and\n    (b) must be available for inspection by the ACMA at a place nominated by the ACMA, or by a method nominated by the ACMA, after consultation with the person; and\n    (c) must be kept in English; and\n    (d) may be a copy of an original record; and\n    (e) may be kept in electronic form.\n  (5) Without limiting paragraph (4)(b), the place may be:\n    (a) the person’s street address, in Australia, provided on the licence application; or\n    (b) for a site on which more than one radiocommunications transmitter is located – at the street address of the site.\n\n#### 18 Condition – dispute over reliability of evaluation provided in compliance documentation\n\n  Request for report\n  (1) If the ACMA is not satisfied that a radiocommunications transmitter complies with section 10, the ACMA may, in writing, request the person:\n    (a) to have the transmitter assessed by a NATA-accredited body for compliance with section 10; and\n    (b) to obtain a report setting out whether or not the transmitter complies; and\n    (c) provide the report to the ACMA.\n  (2) Before giving a request under subsection (1) in relation to a radiocommunications transmitter, the ACMA must have regard to each of the following:\n    (a) the location of the transmitter, and whether the transmitter is in a place that is accessible to a member of the general public;\n    (b) the nature of the transmitter;\n    (c) the level of power of the transmitter.\n  Condition – compliance with request\n  (3) Subject to subsection (4), a person must comply with a request under subsection (1) within 30 days after the date of the request.\n  (4) The ACMA may extend the time for compliance with a request under subsection (1).\n\n#### 19 Condition – use of agent\n\n  Application\n  (1) This section applies if a person uses an agent:\n    (a) to ensure that a radiocommunications transmitter complies with this instrument; and\n    (b) to keep documents that the person is required to keep under this instrument.\n  Condition\n  (2) The person and the agent must keep a copy of the agency agreement for the same period that records must be kept under this instrument.","sortOrder":18},{"sectionNumber":"16","sectionType":"section","heading":"Application of Part 4","content":"#### 16 Application of Part 4\n\n  This Part applies to a radiocommunications transmitter to which section 12 applies.","sortOrder":19},{"sectionNumber":"17","sectionType":"section","heading":"Condition — record-keeping","content":"#### 17 Condition – record-keeping\n\n  (1) A person must keep the following records in relation to a radiocommunications transmitter:\n    (a) a declaration of conformity, for the transmitter, that includes the information mentioned in subsection (2);\n    (b) the name and qualifications of any person who has assessed the transmitter for compliance with this instrument;\n    (c) the dates of any assessments;\n    (d) a record of the measurements or calculations made for the purposes of section 12;\n    (e) if subsection 12(3) applies in relation to the transmitter – a record mentioned in that subsection;\n    (f) the documentation mentioned in subsection 15(1) (if any) obtained by the person;\n    (g) details of the transmitter, including its power level, gain, size, tilt, manufacturer, model number and emission designator.\n  (2) For paragraph (1)(a), the information is:\n    (a) the person’s name, address, ABN (if any), and, if the person is a body corporate, one of the following:\n    (i) ACN (if any);\n    (ii) ARBN (if any);\n    (iii) incorporation or registration number under the law by which the body was incorporated; and\n    (b) details of the transmitter, including its location, antenna type and height above the ground or other accessible surface; and\n    (c) a statement that the RF field produced by the transmitter meets the requirements of subsection 10(1); and\n    (d) if the person is a body corporate – the name and position of the person making the declaration on behalf of the body corporate.\n\n> Note: Giving false or misleading information is a serious offence under section 137.1 of the Criminal Code.\n\n  (3) If a matter included in a declaration made for the purposes of paragraph (1)(a) changes or becomes incorrect, a new declaration must be made.\n  (4) For the purposes of subsection (1), a record:\n    (a) must be kept until the licence ceases to be in force; and\n    (b) must be available for inspection by the ACMA at a place nominated by the ACMA, or by a method nominated by the ACMA, after consultation with the person; and\n    (c) must be kept in English; and\n    (d) may be a copy of an original record; and\n    (e) may be kept in electronic form.\n  (5) Without limiting paragraph (4)(b), the place may be:\n    (a) the person’s street address, in Australia, provided on the licence application; or\n    (b) for a site on which more than one radiocommunications transmitter is located – at the street address of the site.","sortOrder":20},{"sectionNumber":"18","sectionType":"section","heading":"Condition — dispute over reliability of evaluation provided in compliance documentation","content":"#### 18 Condition – dispute over reliability of evaluation provided in compliance documentation\n\n  Request for report\n  (1) If the ACMA is not satisfied that a radiocommunications transmitter complies with section 10, the ACMA may, in writing, request the person:\n    (a) to have the transmitter assessed by a NATA-accredited body for compliance with section 10; and\n    (b) to obtain a report setting out whether or not the transmitter complies; and\n    (c) provide the report to the ACMA.\n  (2) Before giving a request under subsection (1) in relation to a radiocommunications transmitter, the ACMA must have regard to each of the following:\n    (a) the location of the transmitter, and whether the transmitter is in a place that is accessible to a member of the general public;\n    (b) the nature of the transmitter;\n    (c) the level of power of the transmitter.\n  Condition – compliance with request\n  (3) Subject to subsection (4), a person must comply with a request under subsection (1) within 30 days after the date of the request.\n  (4) The ACMA may extend the time for compliance with a request under subsection (1).","sortOrder":21},{"sectionNumber":"19","sectionType":"section","heading":"Condition — use of agent","content":"#### 19 Condition – use of agent\n\n  Application\n  (1) This section applies if a person uses an agent:\n    (a) to ensure that a radiocommunications transmitter complies with this instrument; and\n    (b) to keep documents that the person is required to keep under this instrument.\n  Condition\n  (2) The person and the agent must keep a copy of the agency agreement for the same period that records must be kept under this instrument.","sortOrder":22}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":2149},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"This Determination replaces the Radiocommunications Licence Conditions (Apparatus Licence) Determination 2015, maintaining the same core regulatory purpose: setting electromagnetic radiation safety conditions for radio transmitters. While it updates technical standards and refines the risk-based compliance structure, it does not expand beyond the original scope of regulating transmitter licence conditions for public safety. The instrument remains focused on RF exposure limits and measurement requirements."},"complexity_factors":["Incorporation by reference of 5 external technical standards (AS/NZS 2772.2, AS/NZS IEC 62232, C95.3, IEC 62232, IEC 62577) plus the ARPANSA Standard","Two-tier compliance framework with different rules for 'low risk' (section 11) and 'higher risk' (section 12) transmitters","Nested temporal exceptions: pre-31 March 2025 compliance (section 12(3)), pre-amendment compliance (section 12(4)), and post-amendment grace periods (section 12(5))","Grandfathering clause for pre-1 March 2003 documentation (section 15) with its own exception cessation triggers","27+ defined terms including mathematical definitions (e.g., 'far field' with formula 2D²/λ)","Conditional application exclusions (space licences, compliant mobile stations in section 9)","Multi-transmitter site aggregation rules (section 14) creating conditional presumptions of compliance"],"plain_english_summary":"This Determination sets mandatory safety rules for anyone operating a radiocommunications transmitter under a transmitter licence, replacing the 2015 rules from 31 March 2025. Licence-holders must ensure public RF exposure stays within ARPANSA limits: small, inaccessible or high-mounted low‑power transmitters get presumed compliance with basic records; higher‑risk equipment requires formal assessment, detailed records and may face ACMA enforcement (including independent testing). It excludes space licences and certain compliant mobile stations."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"This instrument materially shifts scope from the previous 2015 apparatus‑licence determination to a transmitter‑licence centred framework (s4–s5). It updates and modernises the measurement standards referenced (adding AS/NZS IEC 62232:2023, IEEE C95.3:2021, IEC 62232:2022 and retaining earlier AS/NZS standards) and introduces clearer tiering of low‑risk versus higher‑risk transmitters (s11–s12). Practically, that broadens and clarifies ACMA's regulatory reach over transmitter licence holders (as opposed to the earlier apparatus‑licence framing), adds more explicit record‑keeping and audit routes (s17–s18), and imposes new compliance costs for higher‑power or multi‑transmitter sites. The instrument contains transitional grandfathering for older assessments (s12(3) and s15) to limit immediate scope expansion for legacy installations, but overall the regulatory footprint is modernised and arguably expanded in procedural depth and enforcement paths (measurement standards, NATA‑accreditation, record retention and ACMA inspection powers)."},"complexity_factors":["Repeal and replacement of 2015 Determination with new transmitter‑licence framework (s4–s5) requiring cross‑checking with prior instrument","~24 defined terms in the Interpretation (s6) and multiple cross‑references to the Act, ARPANSA Standard and other determinations","Multiple external technical standards referenced (AS/NZS 2772.2; AS/NZS IEC 62232; C95.3; IEC 62232; IEC 62577) with transitional wording (s12(2)–(5))","Tiered, conditional compliance logic (low‑risk presumption in s11 vs higher‑risk mandatory standards in s12)","Several quantitative thresholds and technical conditions to apply the presumption (100 W power, 3200 W EIRP, 10 m height, point‑to‑point >1 GHz) (s11)","Transitional and grandfathering rules for measurements before 31 March 2025 and for periods around amendments to referenced standards (s12(3)–(5))","Multi‑transmitter aggregation rules and site‑level documentation presumptions (s14)","Detailed record‑keeping requirements with inspection mechanics and retention periods (s17) including electronic and off‑site options","ACMA discretionary enforcement power to require NATA‑accredited assessments and a report with a 30‑day compliance window (s18)","Presumptions and reverse‑onus features (\"presumed unless the contrary is proved\") increase legal interpretation complexity (s11, s14)"],"plain_english_summary":"**What this instrument does (mechanical change first)\n\n- It replaces the 2015 apparatus-licence conditions with a new set of mandatory conditions that attach to every *transmitter licence* (repeals the 2015 Determination) (see s4, s5). It starts on 31 March 2025 (s2).\n\n- The central operational rule is: you must not operate a transmitter if the radio‑frequency (RF) field it produces exceeds the reference levels for general public exposure at places accessible to the public (s10(1)). The instrument refers to the ARPANSA exposure reference levels for what those safe levels are.\n\n- It sets out how operators demonstrate compliance depending on the transmitter’s risk band:\n  - \"Low‑risk\" transmitters are subject to a presumption of compliance if the operator holds a document with the measurements or calculations that show the transmitter meets the reference levels (s11). Low‑risk thresholds include an average total power to all antennas ≤100 W, or antennas mounted ≥10 m with average total EIRP ≤3200 W, or certain point‑to‑point links (>1 GHz) (s11(1)).\n  - \"Higher‑risk\" transmitters must have RF fields measured or calculated in accordance with specified technical standards (AS/NZS 2772.2; AS/NZS IEC 62232; IEEE C95.3; IEC 62232; IEC 62577) (s12(2)). Records of those measurements/calculations must be kept (s12(2) note; s17(1)(d)).\n\n- There are transitional and grandfathering paths: measurements made under the former 2015 provision or in certain periods around amendments to the listed standards are treated as compliant if properly recorded (s12(3)–(5)). There is also a limited exception for documentation obtained before 1 March 2003 for certain older measurements (s15).\n\n- If a transmitter that was low‑risk is changed so it no longer meets the low‑risk tests (for example moved sites, increased power, antenna changes, or changed emission designator), the operator must reassess it under the higher‑risk rules immediately (s13).\n\n- On multi‑transmitter sites the operator may measure or model the site as a whole; a person who has such site‑level evaluations and keeps the documentation is presumed not to be in breach (s14).\n\n- Record‑keeping obligations for higher‑risk transmitters include a declaration of conformity, assessor name/qualifications, dates of assessment, measurement/calculation records, equipment details, and must be kept until the licence ceases (s17). Records must be available for ACMA inspection (s17(4)).\n\n- If ACMA is not satisfied with the reliability of an operator’s evaluation, it can require assessment by a NATA‑accredited body and a report, with 30 days to comply unless extended (s18).\n\n- If an operator uses an agent to meet the instrument’s requirements, both must keep the agency agreement for the same record retention period (s19).\n\n\nWhy the instrument says it matters (stated purpose) and how that compares to practical effects\n\n- The stated purpose is safety: ensure electromagnetic radiation from transmitters does not exceed levels set for general public exposure (Notes to s5 and s10(1)). That is achieved by: (a) prohibiting operation above reference levels; (b) requiring measurements or calculations using recognised technical standards; and (c) imposing record‑keeping and audit powers on ACMA.\n\n- Who pays and who decides:\n  - Who pays: licence‑holders/operators pay for measurements, modelling, assessments, possible NATA‑accredited reports, and any technical changes needed to meet limits (see s12, s17, s18).\n  - Who decides: operators make initial compliance measurements and keep records; ACMA inspects, may request further assessment by a NATA‑accredited body, and can extend compliance times (s17(4), s18).\n\n- Behaviour changes required of regulated parties:\n  - Perform and retain measurements/calculations as required for higher‑risk transmitters (s12, s17).\n  - Reassess when site or equipment changes occur (s13).\n  - Consolidate assessments on multi‑transmitter sites or maintain site‑level documentation (s14).\n  - Produce NATA reports if ACMA directs (s18).\n\n\nCosts, incentives and trade‑offs (concrete mechanisms)\n\n- Compliance costs: higher‑power or complex sites must pay for professional assessments or models, keep records and possibly adjust installations (s12, s17). If ACMA doubts an evaluation, additional NATA‑accredited testing may be ordered (s18), creating possible one‑off or recurring costs.\n\n- Incentives and substitution effects: the instrument creates an incentive to keep antennas inaccessible to the public, to mount antennas at greater height, or to limit transmitted power or EIRP so transmitters qualify as \"low‑risk\" and benefit from the simpler presumption test (s11). That can change siting, network planning and equipment choices.\n\n- Bureaucratic discretion and implementation risk: ACMA has discretion to require NATA assessments (s18) and to nominate record‑inspection places or methods (s17(4)(b)). That discretion is bounded in the instrument by factors ACMA must have regard to before making a request (location, nature and power of transmitter — s18(2)), but it still creates operational uncertainty for operators about when a more burdensome test may be required.\n\n- Effects on market participants: the rules impose compliance costs that are concentrated on operators of higher‑power, multi‑operator or ground‑level installations. Smaller low‑power operators that meet the low‑risk thresholds have a lighter burden. There is no direct restriction on ownership, competition or speech — the instrument regulates technical safety compliance for transmitters (see s8 for permitted communications rules which limit communications to those allowed by the licence, with limited exceptions for emergency or ACMA authorisation).\n\n\nConcrete legal mechanics to note (high‑value quick checks for operators)\n\n- Start date and repeal: applies from 31 March 2025 and repeals the 2015 apparatus determination (s2–s4).\n- Identification: the instrument attaches to every transmitter licence unless a specific licence condition inconsistent with it prevails (s5(2)).\n- Low‑risk thresholds and the presumption are fact‑based and reversible (s11).\n- Higher‑risk assessments must use one of five named standards and records kept (s12(2), s17(1)(d)).\n- ACMA can compel a NATA‑accredited reassessment if not satisfied (s18).\n\n\nPrimary sections to consult for compliance: s5 (application), s10 (general prohibition), s11 (low‑risk presumption), s12 (higher‑risk measurement standards and transitional rules), s13 (reassessment after change), s14 (multi‑transmitter sites), s15 (pre‑2003 exception), s17 (record‑keeping), s18 (ACMA request for NATA report).\n"}},"importantCases":[],"_links":{"self":"/api/acts/radiocommunications-licence-conditions-transmitter-licence-determination-2025","history":"/api/acts/radiocommunications-licence-conditions-transmitter-licence-determination-2025/history","analysis":"/api/acts/radiocommunications-licence-conditions-transmitter-licence-determination-2025/analysis","conflicts":"/api/acts/radiocommunications-licence-conditions-transmitter-licence-determination-2025/conflicts","importantCases":"/api/acts/radiocommunications-licence-conditions-transmitter-licence-determination-2025/important-cases","documents":"/api/acts/radiocommunications-licence-conditions-transmitter-licence-determination-2025/documents"}}