Radiocommunications Licence Conditions (Aeronautical Licence) Determination 2025

The central concept is the aeronautical licence (aeronautical assigned system station). This instrument defines it as an aeronautical licence that authorises the operation of an aeronautical assigned system station, which in turn means an aeronautical station that operates on an aeronautical frequency on an assigned basis. The note clarifies that at the time of making, the only aeronautical licences issued are of this type, and the ACMA does not intend to issue other kinds. This is important because it means the instrument effectively covers all current aeronautical licences, and the conditions apply uniformly to all licensees. The term "assigned basis" is not defined in the instrument but is cross-referenced to definitions in the Act or in a determination under section 64(1) of the Australian Communications and Media Authority Act 2005. An assigned basis typically means that the frequency is individually authorised for use by a particular licensee, rather than being part of a shared spectrum access model.

Aeronautical assigned system station is defined by reference to the Act and the interpretation determination, but the instrument adds nuance through its own interpretation provisions. Under subsection 5(2), a reference to a station is taken to be a reference to each radiocommunications transmitter that forms part of the station. This means the conditions attach to individual transmitters within a larger station installation, which may affect compliance if a single licence covers multiple transmitters at different locations or with different functions.

The instrument incorporates external documents by reference. The AIP (Aeronautical Information Publication) published by Airservices Australia defines identifiers that can serve as call signs. The Certified Air/Ground Radio Service is defined by the Civil Aviation Safety Regulations 1998, and UNICOM (Universal Communications) is defined by Part 139 (Aerodromes) Manual of Standards 2019. These definitions matter because they determine who is exempt from the communication restriction in section 8(2). A person providing UNICOM or a Certified Air/Ground Radio Service can operate an aeronautical assigned system station without being limited to the three permitted communication purposes. The exemption also extends to Airservices Australia and the Civil Aviation Safety Authority themselves.

The concept of call sign is defined in section 10(2) as either the call sign specified for the station in the licence or an identifier relating to the station as specified in the AIP. This dual pathway means that a licensee can use either the licence-specific call sign or an AIP-specified identifier, provided it clearly identifies the station. The condition requires transmission "during each transmission, or each series of transmissions", which imposes an obligation to identify at the start of a series and during each individual transmission if no series is maintained.

The additional frequencies for search and rescue concept is straightforward: four specific frequencies (3,023 kHz, 5,680 kHz, 121.5 MHz, 123.1 MHz) are carved out from the normal frequency authorisation. Operation on these frequencies is permitted "solely for the purpose of search and rescue" regardless of whether the licence authorises them. This avoids requiring separate licensing for search and rescue operations, reducing administrative burden on entities involved in emergency response. However, the condition does not permit operation for any other purpose on these frequencies, and the search and rescue purpose must be the sole purpose.

Finally, the instrument introduces a prevailing conditions hierarchy. Conditions in sections 8, 9, and 10 can be overridden by conditions in the licence itself (specified under paragraph 107(1)(g) of the Act) or conditions imposed later under paragraph 111(1)(a). This hierarchy means that the default conditions are not absolute; the ACMA or the licensee can negotiate terms that supersede them. Section 11 is not subject to this override, so the search and rescue frequency permission always applies. The cumulative nature of conditions is preserved by subsection 5(4), which states that no condition limits any other condition unless a contrary intention appears.

The primary directly affected parties are licensees who hold an aeronautical licence (aeronautical assigned system station). Based on the definition and the note, this currently covers all aeronautical licence holders in Australia. These licensees are typically entities operating aeronautical ground stations for air traffic control communications, aerodrome operations, flight service functions, and aircraft-to-ground communication services. The licensees may include Airservices Australia itself, the Civil Aviation Safety Authority, private aerodrome operators, airlines with private ground stations, flying schools, and search and rescue organisations.

Operators of the stations are also affected, because the conditions apply to the act of operating. A licensee may be a corporation that employs operators, and the qualification condition imposes obligations on the individual operator. The operator must have the required qualification under civil aviation legislation. That means pilots, air traffic controllers, and radio operators who use aeronautical assigned system stations must hold appropriate certificates, ratings, or endorsements. The instrument does not specify which qualifications; it defers to the Civil Aviation Safety Regulations 1998, the Civil Aviation Regulations 1988, Manuals of Standards, and Civil Aviation Orders. This creates a moving target as those instruments change over time, and the burden falls on operators and licensees to track updates.

Aircraft operators and pilots who communicate through aeronautical assigned system stations are indirectly affected. The communication restriction in section 8(1) limits what can be transmitted to or from a station. While the restriction applies to the person operating the station (not the aircraft operator directly), the aircraft operator's ability to use the station for non-permitted purposes is constrained because the station operator must enforce the condition. In practice, this means pilots cannot use an aeronautical station for casual conversation, business matters unrelated to aviation, or other personal communication unless it falls within the exceptions (safe and expeditious conduct of a flight, emergency, or occupation- or industry-related matters for aircraft engaged in such work). The cost is a reduction in flexibility and potential interference with efficient operations if a communication falls in a grey area.

Entities exempt from the communication restriction are Airservices Australia, the Civil Aviation Safety Authority, and persons operating stations to provide UNICOM or Certified Air/Ground Radio Services. These entities can communicate about any matter without breaching section 8. This exemption confers a competitive and operational advantage on those providing official air traffic services or certified aerodrome communication services. Private operators without such certification must ensure all communications fit within the narrow permitted categories. The exemption also means that if a licensee contracts a third party to provide UNICOM services, that third party is not bound by the restriction when operating the station. However, the licensee remains bound when operating outside those services.

Search and rescue organisations are positively affected by section 11. They can operate on four additional frequencies without needing a licence that covers those frequencies. This reduces regulatory friction and likely lowers costs for entities such as the Australian Maritime Safety Authority, state emergency services, and volunteer rescue groups. However, the condition is narrow: operation must be solely for search and rescue, not for training, administration, or other tasks that might incidentally involve these frequencies. The burden is on the operator to ensure the purpose is genuine and exclusive.

The repeal of the 2015 determination affects all parties who were complying with the previous conditions. They must now comply with the 2025 determination, which may have subtle differences. A careful comparison is necessary. For example, the 2015 determination may have defined terms differently (the source does not provide the 2015 text, so this cannot be assumed, but a prudent licensee will check). The new instrument incorporates the AIP definition of call sign, which may have changed. The qualification condition now cross-references the Manuals of Standards and Civil Aviation Orders explicitly, which might expand the range of instruments imposing qualification requirements.

The instrument imposes four substantive duties, each of which is a condition of the licence. Breach of any condition is a contravention of the Radiocommunications Act and may attract enforcement action.

Duty to restrict communications (section 8): A person must not operate an aeronautical assigned system station to communicate with an aeronautical station unless the communication relates to (a) the safe and expeditious conduct of a flight, (b) an emergency, or (c) if the relevant aircraft is engaged in a particular occupation or industry, a matter relating to that occupation or industry. This duty applies to the operator, regardless of whether the operator is the licensee or an employee. The duty does not apply to Airservices Australia, CASA, or persons providing UNICOM or Certified Air/Ground Radio Services. The duty is subject to the prevailing conditions override (subsection 7(2)), meaning a specific licence condition can broaden or narrow the permitted communication categories.

Duty to hold qualifications (section 9): A person must not operate an aeronautical assigned system station unless the person holds any qualification required by the civil aviation legislative framework. This incorporates by reference requirements from the Civil Aviation Safety Regulations 1998, any Manual of Standards, the Civil Aviation Regulations 1988, and any Civil Aviation Order. The duty is absolute: if any of those instruments imposes a qualification requirement, the operator must meet it. The need to check multiple instruments imposes a compliance burden. The duty could be satisfied by holding an appropriate aeronautical radio operator certificate, a pilot licence with an endorsement, or an air traffic control licence, depending on the context. This duty is also subject to the prevailing conditions override.

Duty to transmit call sign or identification (section 10): A person must not operate an aeronautical assigned system station unless the person transmits the station's call sign or another form of identification that clearly identifies the station during each transmission or series of transmissions. The call sign can be the one specified in the licence or an identifier from the AIP. The phrase "clearly identifies the station" means the identification must be unambiguous; a partial or generic identifier may be insufficient. The duty applies to every transmission, not just at the start of a session. If a series of transmissions occurs (e.g., a conversation), identification at the start of the series may suffice, but the condition requires identification "during each transmission, or each series of transmissions", which could be interpreted as requiring identification at the beginning of each series and possibly on each standalone transmission.

Right to use additional frequencies for search and rescue (section 11): A person may operate an aeronautical assigned system station on 3,023 kHz, 5,680 kHz, 121.5 MHz, or 123.1 MHz for the sole purpose of search and rescue, even if the licence does not otherwise authorise those frequencies. This is a permissive right, not a duty. It does not create an obligation to provide search and rescue communications. The frequencies are globally recognised aeronautical emergency frequencies: 121.5 MHz is the international VHF guard frequency, 123.1 MHz is the VHF search and rescue auxiliary, and 3,023 kHz and 5,680 kHz are HF frequencies used for distress and safety. The right is subject to the condition that the operation is solely for search and rescue; any other use would be unauthorised. The instrument does not specify whether the person must be the licensee or an authorised operator; presumably the condition applies to "a person" who operates the station under the licence.

Rights under the prevailing conditions hierarchy: Licensees have the right to have licence-specific conditions that override sections 8 to 10. This means a licensee can negotiate with the ACMA for more permissive or restrictive conditions tailored to their operations. The right is not automatic; it requires either that the licence specifies a condition under paragraph 107(1)(g) or that a condition is imposed under paragraph 111(1)(a). This provides flexibility, but also introduces uncertainty because a licensee may need to review their licence carefully to see if any such override exists.

The instrument itself does not prescribe penalties. It is a licence condition determination made under subsection 110A(2) of the Radiocommunications Act 1992. Breach of a licence condition is a contravention of that section, and the enforcement provisions of the Act apply. Under the Radiocommunications Act, contravening a licence condition can attract civil penalties (currently up to 2,000 penalty units for an individual and 10,000 penalty units for a body corporate, though these amounts are indexed and subject to the value of a penalty unit under the Crimes Act 1914). The ACMA can also issue infringement notices (on-the-spot fines) for certain contraventions, apply to the Federal Court for injunctions, or suspend or cancel the licence.

The instrument creates multiple potential contraventions. Each condition is separate, so a single operation could breach several conditions simultaneously. However, subsection 5(4) confirms that no condition limits any other condition, so overlapping breaches are theoretically possible. For example, operating without a qualification and without transmitting a call sign could lead to two separate contraventions.

Enforcement is primarily through the ACMA. The ACMA can investigate suspected breaches, gather evidence, and take enforcement action. The instrument does not create a private right of action; only the ACMA or the Commonwealth can bring proceedings. However, third parties could report suspected breaches to the ACMA. For search and rescue organisations, the permissive condition in section 11 means that using additional frequencies for non-search and rescue purposes is an unauthorised transmission, which is a breach of the licence and could constitute an offence under the Act relating to operating on an unlicensed frequency.

The qualification condition is particularly vulnerable to enforcement difficulties. The operator must hold the relevant qualification under civil aviation legislation. If CASA or Airservices Australia has already certified the operator, the ACMA can check status. But if the qualification is not readily verifiable, compliance may rely on self-reporting. The ACMA could cross-reference with CASA's records. The practical sting is that if an operator does not hold the required qualification, the licensee is responsible for allowing them to operate. Licence holders should maintain records of operator qualifications and ensure they are current.

The call sign condition is straightforward to enforce. The ACMA can monitor transmissions and detect missing or incorrect identification. Failure to transmit a call sign or a clearly identifying alternative is easy to prove. The communication restriction in section 8 is harder to enforce because monitoring officers need to assess whether a communication relates to safe and expeditious flight, an emergency, or an occupation/industry matter. Some communications could be borderline. The exceptions for UNICOM and Certified Air/Ground Radio Service providers benefit those operators, but they must be able to demonstrate they are providing those services to claim the exemption.

The search and rescue frequency condition is self-enforcing in the sense that misuse can be detected. If a station transmits on 121.5 MHz for a non-search and rescue purpose, that would be a breach. The ACMA and air traffic monitoring would likely detect such misuse. The instrument does not require advance approval or record-keeping for using the additional frequencies, but operators would be wise to maintain logs showing the purpose of transmissions to defend against enforcement action.

The instrument sits within a complex regulatory framework. Its parent statute is the Radiocommunications Act 1992. That Act provides the authority for the determination (subsection 110A(2)) and sets out the consequences of breaching conditions. The Act also contains definitions that apply to the instrument via the note in section 5, including ACMA, aircraft, frequency band, operate, radiocommunications receiver, radiocommunications transmitter, spectrum, and transmitter licence. The instrument does not override any provisions of the Act; it adds conditions on top of the licensing scheme.

The instrument interacts closely with civil aviation safety legislation. Section 9 imposes a qualification condition that directly incorporates the Civil Aviation Safety Regulations 1998, the Civil Aviation Regulations 1988, Manuals of Standards (such as the Part 139 (Aerodromes) Manual of Standards 2019), and Civil Aviation Orders. This means that if these instruments impose a qualification requirement for operating an aeronautical station, the licence condition mirrors that requirement. The effect is that compliance with civil aviation qualifications becomes a direct licence condition, enforceable by the ACMA as well as by CASA. There is a potential for dual enforcement. The instrument also cross-references the definitions of Certified Air/Ground Radio Service and UNICOM from those civil aviation instruments, which determines the scope of the exemption in section 8.

The instrument references the AIP published by Airservices Australia for the definition of call sign in section 10(2)(b). The AIP is not a legislative instrument; it is a publication that can be amended by Airservices Australia without notice or consultation under the Legislation Act 2003. This means the call sign condition depends on a document that the licensee cannot control and that may change. The instrument provides that references to other instruments or writings include them as in force from time to time (section 6). So if the AIP adds or removes an identifier, that becomes the call sign for the station under the condition. Licensees must monitor the AIP for changes.

The Australian Communications and Media Authority Act 2005 is relevant because the note in subsection 5(1) says that expressions may be defined in a determination made under section 64(1) of that Act that applies to this instrument. This means that terms like "aeronautical frequency", "aeronautical licence", "aeronautical station", "assigned basis", "communication", and "station" may be defined in a separate instrument. The user of this determination would need to locate that other determination to fully understand the terms.

The instrument does not interact with the Telecommunications Act 1997 or the Broadcasting Services Act 1992 in any direct way, unless an aeronautical station is also used for those purposes (which would be unusual).

Other licence conditions: The instrument is not exhaustive. Other conditions may apply under the licence itself (para 107(1)(g)) or be imposed later (para 111(1)(a)). Those conditions prevail over sections 8-10. Additionally, paragraph 107(1)(g) conditions might include technical conditions, frequency coordination requirements, or restrictions on interference. The instrument's note to section 7 says that legislation relating to Airservices Australia or CASA may impose other requirements on the operation of a station. This is a reminder that the licence conditions are not the only legal obligations; the operator must also comply with the Civil Aviation Act, regulations, and Airservices Australia's procedures.

State and territory laws: The instrument does not address state or territory laws. State land use planning, environmental protection, or workplace health and safety laws may apply to the location of the station, but those are outside the scope of this determination.

This instrument is a new determination that repeals and replaces the Radiocommunications Licence Conditions (Aeronautical Licence) Determination 2015 (F2015L00495). The 2025 determination was made under subsection 110A(2) of the Radiocommunications Act 1992 and was registered on the Federal Register of Legislation. It commences the day after registration. There are no amendments to this instrument as it is the original version. The repeal of the 2015 determination means that the previous set of conditions no longer applies, and all existing aeronautical licences (aeronautical assigned system station) become subject to the new conditions from commencement. The instrument does not include transitional provisions or savings. There is no grace period. This is typical for licence condition determinations; they apply immediately to existing licences.

The source text of the instrument contains no references to any litigation. No cases are cited or discussed. The previous 2015 determination may have been the subject of legal challenge, but that information is not within the source. This analysis cannot invent cases. The instrument is new and unlikely to have generated litigation yet. Potential grounds for challenge could include procedural issues under the Legislation Act 2003 (e.g., consultation requirements) or substantive challenge if a condition were inconsistent with the parent Act. The prevailing conditions override in subsection 7(2) might also be disputed if a licensee argues that a licence-specific condition is inconsistent with the default conditions. Any litigation would likely be in the Federal Court or the Administrative Appeals Tribunal (now the Administrative Review Tribunal) regarding ACMA decisions on licence conditions. The determination itself is a legislative instrument and could be judicially reviewed on standard administrative law grounds. But no specific litigation history is provided.

Several traps in this instrument can catch the unwary.

Frequency band interpretation (subsection 5(3)): The instrument states that 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. The note explains "the lower number in the reference to the part of the spectrum or frequency band is not included in the part or band." This is unusual. If a condition referred to "3,023 kHz to 5,680 kHz", then 3,023 kHz itself would not be covered, only frequencies above it up to 5,680 kHz inclusive. However, in the current instrument, the only frequency references are the specific discrete frequencies in section 11, so this interpretative rule does not apply to those. But if the instrument were amended or cross-referenced to a band, it could matter.

Prevailing conditions override affects only sections 8-10: Section 11 is not subject to override. This means that a licence condition cannot restrict the right to use search and rescue frequencies. However, a licence condition could impose additional requirements for using those frequencies, such as a requirement to notify the ACMA. The instrument does not forbid that. Also, the override applies only to inconsistency "to the extent of any inconsistency". If the licence condition is not inconsistent, both apply cumulatively. So a licence condition could add a qualification requirement beyond those in section 9, and that would be valid.

Communication restriction exemptions are not available to everyone: Only Airservices Australia, CASA, and persons operating UNICOM or Certified Air/Ground Radio Services are exempt from section 8(1). A licensee who operates an aeronautical station for general aviation but does not provide a certified service must comply with the restriction. That includes operators of private airstrips, company airfields, or flying schools unless they hold the relevant certification. The burden is on the operator to prove the exemption. The definitions of UNICOM and Certified Air/Ground Radio Service are in external documents; the operator must meet the requirements of those documents to claim the exemption.

Call sign identification requires clarity: Section 10 requires transmission of "the station's call sign" or "another form of identification that clearly identifies the station." The note does not define "clearly identifies". A partial identifier, a generic label, or a phonetic code that does not uniquely point to the station may not suffice. The operator should ensure the identification is sufficient for a listener to know with certainty which station is transmitting. The alternative is the call sign specified in the licence or an identifier from the AIP. The AIP may define identifiers for particular stations, but it may not cover all. If the AIP identifier is used, the operator must ensure it is current and that the station is listed.

Qualification condition incorporates changing external instruments (section 9): The condition relies on the Civil Aviation Safety Regulations, Manuals of Standards, Civil Aviation Regulations, and Civil Aviation Orders as in force from time to time. If CASA amends a Manual of Standards to add a new qualification requirement, the licence condition automatically incorporates it without any amendment to this instrument. Licensees must monitor changes in the civil aviation framework, which may increase compliance costs without notice. There is no grandfathering for existing operators who hold qualifications that later become insufficient.

No transitional period: The instrument commences the day after registration. There is no transition period. Anyone operating an aeronautical assigned system station must comply from that date. The 2015 determination is repealed at the same time. If the new conditions differ from the old ones, licensees must adjust immediately. The instrument does not provide a grace period for obtaining new qualifications or updating call sign procedures.

Search and rescue frequencies condition is permissive but restrictive: Section 11 allows operation on four frequencies solely for search and rescue. If a licensee uses 121.5 MHz for any other purpose, it is unauthorised and likely illegal under the Act. The condition does not define "search and rescue". The operator must interpret that term. It may include locating a downed aircraft or coordinating rescue, but not routine training or administrative calls. The burden of proof would be on the licensee to demonstrate the purpose if challenged.

Application of conditions to transmitters forming part of a station (subsection 5(2)): The instrument treats a reference to a station as a reference to each radiocommunications transmitter that forms part of the station. This means that if a single licence covers multiple transmitters (e.g., at different locations), each transmitter must individually comply with all conditions. A transmitter that does not have its own call sign might still be required to identify the station. Additionally, the qualification condition applies to each operator of each transmitter. A licensee with multiple transmitters may need multiple qualified operators if the transmitters are operated simultaneously.

Compliance requires a systematic approach, focusing on the four conditions and the hierarchy of conditions.

Step 1: Review the licence document. Check if the aeronautical licence (aeronautical assigned system station) includes any conditions specified under paragraph 107(1)(g) of the Radiocommunications Act or if any conditions have been imposed under paragraph 111(1)(a). These conditions prevail over sections 8 to 10 of the determination if inconsistent. The licensee should identify any such conditions and determine whether they relax or tighten the default obligations. If the licence condition is more permissive, follow the licence condition. If more restrictive, the licence condition also applies cumulatively unless inconsistent.

Step 2: Confirm operator qualifications. Every person who operates the station must hold any qualification required by the Civil Aviation Safety Regulations 1998, any Manual of Standards, the Civil Aviation Regulations 1988, or any Civil Aviation Order. The licensee should maintain a register of operators and their qualifications, with evidence of currency. For each operator, check the relevant CASA instruments that apply to the type of operation. For example, operating an aeronautical station at a certified aerodrome may require an Aeronautical Radio Operator Certificate of Proficiency or an Air Traffic Control licence. For private operations, a pilot licence with an aeronautical radio endorsement may suffice. The qualifications must be checked against the latest versions of the instruments, which can be found on the Federal Register of Legislation. The licensee should set up a monitoring system for amendments to these instruments.

Step 3: Implement communication restrictions. Ensure that all operators understand the restriction in section 8(1): only communications related to safe and expeditious flight, emergencies, or occupation/industry matters are permitted. Develop clear guidelines or scripts for typical communications. If the operation is exempt (Airservices, CASA, UNICOM, or Certified Air/Ground Radio Service), document the basis for the exemption and train operators accordingly. If not exempt, ensure that no casual or non-essential communications occur. This may require periodic audits of recorded transmissions.

Step 4: Establish call sign procedures. Identify the station's call sign from the licence or the AIP. If using the licence call sign, use that. If using an AIP identifier, verify that the identifier is listed for the station and is current. Ensure that operators transmit the call sign or an alternative clear identification during each transmission or series of transmissions. Develop standard operating procedures for beginning a transmission with the call sign. If using a series of transmissions (e.g., a conversation), repeat the call sign at reasonable intervals or at the start of each series. Use clear pronunciation, preferably using the phonetic alphabet. Avoid abbreviations that might be ambiguous.

Step 5: Manage search and rescue frequencies. If the station is used for search and rescue, operators may use 3,023 kHz, 5,680 kHz, 121.5 MHz, or 123.1 MHz. Maintain logs of when these frequencies are used, the purpose, and the nature of the search and rescue activity. Ensure that the operation is solely for search and rescue; do not use these frequencies for routine administrative or training purposes. If the station is not involved in search and rescue, do not transmit on these frequencies.

Step 6: Monitor external instruments. Because the qualification condition and the call sign definition incorporate external documents as in force from time to time, set up alerts for changes to the AIP, the Civil Aviation Safety Regulations, Manuals of Standards, and Civil Aviation Orders. Subscribe to the Federal Register of Legislation updates or use commercial products.

Step 7: Document compliance. Maintain records of operator qualifications, call sign usage, and any communications that might be challenged. If a communication is borderline under section 8, document the basis (e.g., emergency declaration or industry-related matter). For search and rescue frequency use, keep logs of dates, times, frequencies, and search and rescue activity description. This documentation will be useful in the event of ACMA audit or enforcement action.

Step 8: Train operators. Ensure all operators are trained on the conditions in this determination, including the differences from the 2015 determination. Training should cover the hierarchy of conditions, the need to check the specific licence, and the importance of adherence to communication restrictions. Include practical exercises on call sign identification.

Step 9: Seek legal advice if uncertain. The determination interacts with several external instruments. If there is ambiguity about whether a particular qualification is required or whether a particular communication is permitted, seek advice from a lawyer specialising in communications or aviation law. The exemption for UNICOM and Certified Air/Ground Radio Service requires confirming that the operation meets the definition in the relevant Manual of Standards.

Step 10: Review for new conditions. The ACMA may impose new licence conditions under paragraph 111(1)(a) at any time. The licensee must monitor correspondence from the ACMA and any amendments to the licence. Also, the instrument itself could be amended. Regularly check the Federal Register of Legislation for updated versions of this determination.