This is the Radiocommunications (Amateur Stations) Class Licence 2023.
2 Commencement
This instrument commences at the start of 19 February 2024.
Note: The Federal Register of Legislation is available, free of charge, at www.legislation.gov.au.
3 Authority
This instrument is made under section 132 of the Act.
4 Repeal
The Radiocommunications (Overseas Amateurs Visiting Australia) Class Licence 2015 [F2015L01114] is repealed.
5 Interpretation
(1) In this instrument, unless the contrary intention appears:
ACMA recognition certificate means any of the following:
(a) an ACMA recognition certificate (Advanced);
(b) an ACMA recognition certificate (Foundation);
(c) an ACMA recognition certificate (Standard).
ACMA recognition certificate (Advanced) means an ACMA recognition certificate (Advanced) given under paragraph 3(1)(a) of Schedule 5.
ACMA recognition certificate (Foundation) means an ACMA recognition certificate (Foundation) given under paragraph 3(1)(b) of Schedule 5.
ACMA recognition certificate (Standard) means an ACMA recognition certificate (Standard) given under paragraph 3(1)(c) of Schedule 5.
amateur purpose means any of the following:
(a) self-training in radiocommunications;
(b) intercommunication;
(c) technical investigations of radiocommunications;
(d) transmitting news and information related to the operation of amateur stations, as a means of facilitating intercommunication.
assignment period: see clause 2 of Schedule 4.
Australian Spectrum Map Grid means the Australian Spectrum Map Grid 2012, published by the ACMA.
Note: The Australian Spectrum Map Grid is available, free of charge, from the ACMA’s website at www.acma.gov.au.
automatic mode, in relation to a radiocommunications transmitter, means a mode of operation that does not require manual interaction to cause a transmission to be made.
call sign, in relation to a person, means the call sign assigned to the person:
(a) under Schedule 4; or
(b) if the person is a qualified person under paragraph 8(b) – by or on behalf of the administration of a country other than Australia (whether or not it is the country which issued the person’s recognised overseas qualification).
computer controlled mode, in relation to a radiocommunications transmitter, means a mode of operation where a computer, whether at the site of the transmitter or elsewhere, is used to cause a transmission to be made.
contest call sign means a call sign that:
(a) consists of:
(i) a two letter prefix, where V is the first letter; followed by
(ii) a single numerical digit; followed by
(iii) a single letter; and
(b) is, or is to be, assigned with an assignment period.
emergency services means services provided by:
(a) an organisation established in a State or Territory, or by the Commonwealth, for purposes that include the provision of services during an emergency; or
(b) any other organisation the sole or principal purpose of which is to secure the safety of persons during an emergency.
emission mode: see subsection (2).
HCIS means the cell grouping hierarchy scheme used to describe areas in the Australian Spectrum Map Grid.
Note: HCIS stands for hierarchical cell identification scheme.
HCIS identifier means an identifier used to describe an area in the HCIS.
overseas licence means a licence or permit, however described, that authorises the operation of a radiocommunications device, issued by or on behalf of the administration of a country other than Australia.
qualified person: see section 8.
recognised overseas qualification means any of the following that has been issued or awarded by a body, association or person outside Australia:
(a) a recognised qualification (Advanced Type);
(b) a recognised qualification (Foundation Type);
(c) a recognised qualification (Standard Type).
recognised qualification means any of the following that has been issued or awarded by a body, association or person in Australia:
(a) a recognised qualification (Advanced Type);
(b) a recognised qualification (Foundation Type);
(c) a recognised qualification (Standard Type).
recognised qualification (Advanced Type) means a qualification or licence declared under paragraph 9(1)(a).
recognised qualification (Foundation Type) means a qualification or licence declared under paragraph 9(1)(b).
recognised qualification (Standard Type) means a qualification or licence declared under paragraph 9(1)(c).
relevant event: see paragraph 2(3)(b) of Schedule 4.
special event call sign: see paragraph 2(3)(a) of Schedule 4.
Note 1: A number of other expressions used in this instrument are defined in the Act, including the following:
Note 2: Other expressions used in this instrument may be defined in a determination made under subsection 64(1) of the Australian Communications and Media Authority Act 2005, including:
(2) In this instrument, the emission mode of a transmission made by a radiocommunications transmitter is the designation of the emission worked out in accordance with Appendix 1 (REV.WRC-19) of the Radio Regulations.
Note: Appendix 1 of the Radio Regulations is titled ‘Classification of emissions and necessary bandwidths’. The Radio Regulations are available, free of charge, from the website of the International Telecommunication Union at www.itu.int.
(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.
(4) Unless the contrary intention appears, no condition in Part 3 or Schedule 1 limits any other condition in Part 3 or Schedule 1.
6 References to other instruments
In this instrument, unless the contrary intention appears:
(a) a reference to any other legislative instrument is a reference to that other legislative instrument as in force from time to time; and
(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.
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.
Note 2: All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.
Note 3: See section 314A of the Act.
7 Call signs
Schedule 4 has effect.
8 Qualified persons
A person is a qualified person if:
(a) the person holds:
(i) a recognised qualification; or
(ii) an ACMA recognition certificate; or
(b) the person:
(i) is visiting Australia from another country; and
(ii) is not an Australian resident; and
(iii) has not been in Australia for more than 365 continuous days since the person most recently entered Australia; and
(iv) holds a recognised overseas qualification; and
(v) has been assigned a call sign by or on behalf of the administration of a country other than Australia (whether or not it is the country which issued the person’s recognised overseas qualification).
9 Recognising qualifications
(1) The ACMA may, in writing, declare a qualification or overseas licence to be one or more of the following:
(a) a recognised qualification (Advanced Type);
(b) a recognised qualification (Foundation Type);
(c) a recognised qualification (Standard Type).
(2) If the ACMA makes a declaration in relation to a qualification or overseas licence under subsection (1), the ACMA must publish on its website:
(a) the name of the qualification or overseas licence;
(b) the organisation that provides the qualification or issues the overseas licence; and
(c) the paragraph of subsection (1) for which the qualification or overseas licence is declared.
(3) The ACMA may cancel a declaration of a qualification or overseas licence made under subsection (1).
(4) If the ACMA cancels a declaration of a qualification, the ACMA must publish on its website a notice to the effect that the declaration of the qualification or overseas licence has been cancelled.
Transitional
(5) Schedule 7 has effect.
Part 2 Class licence
10 Class licence
This instrument authorises a person to operate an amateur station, subject to the conditions in Part 3.
Part 3 Conditions
11 Qualification
A person must not operate an amateur station unless the person is:
(a) a qualified person; or
(b) supervised by a qualified person.
12 Using call signs
(1) Subject to this section, a person must, when operating an amateur station, transmit the person’s call sign at each of the following times:
(a) the beginning of each transmission;
(b) the end of each transmission;
(c) if a transmission lasts more than 10 minutes – at least once every 10 minutes during the transmission.
(2) If a person is supervised by a qualified person (supervisor) when operating an amateur station, for the purposes of complying with subsection (1), the person may transmit the supervisor’s call sign at the times required by subsection (1).
(3) If a person has a call sign assigned to them by or on behalf of the administration of another country, the person must add the letters VK at the start of the call sign when transmitting it in Australia.
(4) If the call sign assigned to a person commences with the letters VK, the person may substitute those letters with the letters AX when complying with subsection (1) on the following dates each year:
(a) 26 January;
(b) 25 April;
(c) 17 May.
Note: 26 January is Australia Day, 25 April is ANZAC Day, and 17 May is World Telecommunication Day.
Note: Example: On a date specified in subsection (4), a person who is assigned the VK1ZZZ call sign may use instead the AX1ZZZ call sign.
(5) If a contest call sign is assigned to a person, the person must not transmit the contest call sign otherwise than when competing in a contest conducted by a body or organisation, whether or not in Australia, that exists primarily for amateur purposes.
(6) If a special event call sign is assigned to a person, the person must not transmit the special event call sign otherwise than in relation to the relevant event.
(7) If a person is assigned a call sign with the prefix VK0, the person must not transmit the call sign unless the person is located in the Territory.
Note: See sections 15 and 313 of the Act.
(8) If a person is assigned a call sign with the prefix VK9, the person must not transmit the call sign unless the person is located in an external Territory other than the Territory.
Note 1: See section 15 of the Act.
Note 2: External Territory has the meaning given by the Acts Interpretation Act 1901.
(9) In subsections (7) and (8), the Territory has the meaning given by the Australian Antarctic Territory Act 1954.
(10) If section 14 applies to a person in relation to a transmission, this section does not apply to the person in relation to that transmission.
13 Operation of station – purposes and transmissions
(1) A person must not operate an amateur station otherwise than for an amateur purpose.
(2) A person must not operate an amateur station:
(a) to obtain financial gain or reward, or for the purpose of obtaining financial gain or reward; or
(b) that is, or as, an amateur repeater station; or
(c) that is, or as, an amateur beacon station; or
(d) to transmit:
(i) a message that enables any person to obtain financial gain or reward; or
(ii) a message that is, or includes, an advertisement; or
(iii) a message to an amateur station in another country, if the purpose of the transmission would be inconsistent with the table of frequency band allocations in the spectrum plan or a footnote to that table; or
(iv) subject to subsection (3), a signal that is encoded, for the purpose of obscuring the meaning of the signal.
Note: A person may only operate an amateur repeater station or an amateur beacon station under a transmitter licence.
(3) A person does not contravene the condition in subparagraph (2)(d)(iv) if one or more of the following applies:
(a) the signal is transmitted from the amateur station to a space station in an amateur-satellite service, for the purpose of controlling the operation of the space station;
(b) the signal is transmitted from an amateur station to an unattended amateur station, for the purpose of controlling the operation of the unattended amateur station;
(c) the signal is transmitted from an amateur station to another amateur station, for the purposes of an emergency services operation;
(d) the signal is transmitted from an amateur station to another amateur station, for the purposes of a training exercise related to emergency services.
(4) A person must not cause an amateur station to be operated without a person being at the location of the station, unless:
(a) the station is operated using:
(i) an automatic mode; or
(ii) a computer controlled mode; and
(b) the station is fitted with a timer that causes automatic shutdown of the station if a malfunction causes an unintended transmission that lasts longer than 10 minutes.
14 Operation of station – emergency services operations and training
(1) This section applies where a person participates in emergency services operations or training exercises for emergency services (regardless of whether any other person is also participating in those operations or exercises).
(2) A person must, when operating an amateur station, transmit the person’s call sign at each of the following times:
(a) the beginning of each transmission;
(b) the end of each transmission;
(c) if a transmission or series of transmissions lasts more than 30 minutes – at least once every 30 minutes during the transmission.
15 Operation of station – interference and spurious emissions
(1) A person must not operate an amateur station if its operation causes harmful interference to radiocommunications.
(2) A person must not operate an amateur station if its radio emissions include spurious emissions that are not attenuated below the power contained within the emission’s necessary bandwidth, supplied to the antenna transmission line, by:
(a) for frequencies less than 30 MHz – the lesser of:
(i) 43 + 10 log (pX) dB;
(ii) 50 dB;
(b) for frequencies equal to or greater than 30 MHz – the lesser of:
(i) 43 + 10 log (P) dB;
(ii) 70 dB;
(3) In paragraph (2)(b), P means the power, in watts, supplied to the antenna transmission line.
16 Operation of station – electromagnetic energy requirements
The conditions in Schedule 1 have effect.
17 Operation of station – permitted frequencies, emission modes and power limits
Operation by persons with ACMA recognition certificate (Foundation) or recognised qualification (Foundation Type)
(1) A person with, or a person operating an amateur station under the supervision of a person with, either:
(a) an ACMA recognition certificate (Foundation); or
(b) a recognised qualification (Foundation Type);
must not operate an amateur station except:
(c) on a frequency within a frequency band listed in column 1 of an item in table A in Schedule 2; and
(d) at a radiated power that does not exceed the maximum power limit specified for that frequency band in column 2 of that item; and
(e) in accordance with the limitations (if any) specified for that frequency band in column 3 of that item.
Operation by persons with ACMA recognition certificate (Standard) or recognised qualification (Standard Type)
(2) A person with, or a person operating an amateur station under the supervision of a person with, either:
(a) an ACMA recognition certificate (Standard); or
(b) a recognised qualification (Standard Type);
must not operate an amateur station except:
(c) on a frequency within a frequency band listed in column 1 of an item in table B in Schedule 2; and
(d) at a radiated power that does not exceed the maximum power limit specified for that frequency band in column 2 of that item; and
(e) in accordance with the limitations (if any) specified for that frequency band in column 3 of that item.
Operation by persons with ACMA recognition certificate (Advanced) or recognised qualification (Advanced Type)
(3) A person with, or a person operating an amateur station under the supervision of a person with, either:
(a) an ACMA recognition certificate (Advanced); or
(b) a recognised qualification (Advanced Type);
must not operate an amateur station except:
(c) on a frequency within a frequency band listed in column 1 of an item in table C in Schedule 2; and
(d) at a radiated power that does not exceed the maximum power limit specified for that frequency band in column 2 of that item; and
(e) in accordance with the limitations (if any) specified for that frequency band in column 3 of that item.
18 Operation of station – additional restrictions in certain frequency bands
(1) A person must not operate an amateur station on a frequency within the 3.4 GHz to 3.6 GHz frequency band if the operation would cause a transmission to occur in the area described by the HCIS identifiers in the table in Schedule 3.
(2) If a spectrum licence authorises the operation of radiocommunications devices:
(a) at one or more frequencies; and
(b) within one or more areas;
a person must not operate an amateur station:
(c) at those frequencies; and
(d) within those areas.
(3) A person must not operate an amateur station in the RQZ.
(4) In this section, RQZ has the meaning given by:
(a) the Radiocommunications (Australian Radio Quiet Zone Western Australia) Frequency Band Plan 2023; or
(b) if the ACMA makes an instrument to replace that band plan, and that instrument defines the term – that instrument.