Radiocommunications (Licensing and General) Regulations

Statutory Rules 1985 No. 1951

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I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and pursuant to section 4 of the Acts Interpretation Act 1901, hereby make the following Regulations under the Radiocommunications Act 1983.

Dated 15 August 1985.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

M. J. DUFFY

Minister of State for Communications

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PART I—PRELIMINARY

Citation

1. These Regulations may be cited as the Radiocommunications (Licensing and General) Regulations.

Interpretation

2. (1) In these Regulations, unless the contrary intention appears—

“aeronautical mobile service” means a radiocommunications service that is used principally for the purpose of the transmission of messages to and from aircraft;

“aircraft” means—

(a) a machine or apparatus that can derive support in the atmosphere from the reactions of the air or from buoyancy, not being an air-cushion vehicle; or

(b) an airspace vehicle;

“aircraft station” means a station in the aeronautical mobile service, other than a mobile (disaster plan) station, that is installed aboard an aircraft;

“amateur station” means a station—

(a) that employs, for radiocommunication, any frequency included in the frequencies designated in the frequency table as a frequency for use by the amateur service; and

(b) that is used without financial gain and solely for the purpose of self-training, intercommunication and investigations in radiocommunications;

“ambulatory station” means a station that is established for use while in motion, or during halts at unspecified points, on land, on water or in the air;

“AUSSAT receive-only station” means an earth station, other than an earth station referred to in Column 2 of Item 16, 17, 18, 19, 20 or 21 in Schedule 1—

(a) that accesses an Australian satellite; and

(b) in respect of which the Department undertakes co-ordination procedures for the purpose of minimising interference to reception;

“base station” means a land station in the land mobile service established for communication with mobile stations in that service;

“coast station” means a station on land established for the purpose of communicating with ship stations at sea and aircraft stations, being a station an important function of which is the transmission or reception, or the transmission and reception, of messages on behalf of the public;

“coast station, Class A (receive-only)” means a coast station used for receiving messages transmitted by ship stations, being messages transmitted only on very high frequency channels, and not capable of transmitting messages of any kind;

“coast station, Class B (receive-only)” means a coast station used for receiving messages transmitted by ship stations on other channels in addition to, or instead of, very high frequency channels, and not capable of transmitting messages of any kind;

“cordless telephone” means a telephone consisting of—

(a) a fixed base station connected by means of a cord to a switched telephone network; and

(b) one or more handsets none of which is connected by a cord to the fixed base station but by means of which communication may be achieved through the fixed base station with the users of

other telephones in the switched telephone network by the transmission of radio signals between the handset and the fixed base station;

“earth station” means a station located on the surface of the earth or within the major portion of the earth’s atmosphere that is established for the purpose of communicating with—

(a) any earth station by means of any satellite or other object in space; or

(b) any space station;

“earth station, Class C (receive-only)” means an earth station, Class C, used only for receiving messages and not capable of transmitting messages of any kind;

“earth station, Class D (receive-only)” means an earth station, Class D, used only for receiving messages and not capable of transmitting messages of any kind;

“earth station, Class E (receive-only)” means an earth station, Class E, used only for receiving messages and not capable of transmitting messages of any kind;

“exterior paging service” means a radiocommunications service consisting of—

(a) a single transmitter using the 148-150MHz band, other than a transmitter operating as part of a network; and

(b) one or more than one receiver;

“fixed station” means a station on land established for the purpose of communicating between fixed points but does not include an earth station, an outpost station or a receiving land station;

“frequency table” means the publication known as the Australian Table of Frequency Allocations (9kHz-400GHz), Edition of October 1982, published for the Department by the Australian Government Publishing Service;

“Government message” means a message transmitted on behalf of the Government of the Commonwealth or the Administration of a Territory of the Commonwealth;

“harbour” includes any estuary, navigable river, pier, jetty or other work in or at which a ship can obtain shelter or ship or unship goods or passengers;

“high density location” means a location situated—

(a) within 80 kilometres of the General Post Office, Sydney, in the State of New South Wales;

(b) within 30 kilometres of the Post Office, Newcastle, in the State of New South Wales;

(d) within 65 kilometres of the General Post Office, Melbourne, in the State of Victoria;

(e) within 30 kilometres of the Post Office, Geelong, in the State of Victoria;

(f) within 40 kilometres of the General Post Office, Brisbane, in the State of Queensland;

(g) within 30 kilometres of the Post Office, Surfers Paradise, in the State of Queensland;

(h) within 30 kilometres of the General Post Office, Adelaide, in the State of South Australia; or

(i) within 30 kilometres of the General Post Office, Perth, in the State of Western Australia;

“inshore boating service” means a maritime mobile service between limited coast stations and ship stations operating in inshore waters;

“land mobile paging receiver” means a receiving station in the land mobile service—

(a) capable of receiving messages, being paging messages, but not of transmitting messages of any kind; and

(b) suitable for carriage by hand or on the person;

“land mobile service” means a radiocommunications service that is used principally for the purpose of the transmission of messages to, or to and from, ambulatory stations on land, not being—

(a) an exterior paging service;

(b) an interior paging service; or

“land station” means a station that is established at a fixed point on land;

“licensee” means a person who is the holder of a licence;

“low density location” means a location other than a high density location;

“low duty cycle speech”, in relation to a station, means that that station transmits for less than 30 minutes per day on not more than 26 days in any period of 12 months;

“major fixed station” means a receiving land station—

(a) other than an earth station, in respect of which the Department undertakes coordination procedures for the purpose of minimising interference to reception; or

(b) that is an earth station, Class C (receive-only), an earth station, Class D (receive-only) or an earth station, Class E (receive-only);

“maritime mobile service” means a radiocommunications service that is used principally for the transmission of messages to, or to and from, and the reception of messages by, ship stations and coast stations;

“message” includes any correspondence, communication, conversation, information or signal, or any part of any such correspondence, communication, conversation, information or signal, transmitted or received by a station;

“mobile service” means a radiocommunications service between ambulatory stations and either or both of—

(a) land stations; and

(b) other ambulatory stations;

“multipoint distribution station” means a transmitting station that provides a one way radiocommunication of television or broadband data to receiving land stations capable of receiving laser transmissions or to multipoint distribution station receivers located at fixed points;

“multipoint distribution station receiver” means a receiving land station operating on a bandwidth exceeding 8000 kilohertz, being a station that is not capable of receiving laser transmissions;

“multipoint distribution station receiver, Class A” means a multipoint distribution station receiver to which the Department affords protection from interference from radiocommunications transmitters;

“multipoint distribution station receiver, Class B” means a multipoint distribution station receiver other than a multipoint distribution station receiver Class A;

“network” means a network of all of the stations and appliances possessed and operated by a person in the provision of radiocommunications services throughout Australia, where the average of the number of frequencies that are used, or are to be used, in the operation of each particular station and appliance multiplied by the total number of such stations and appliances exceeds 8,000;

“outpost service” means a radiocommunications service—

(a) established to provide radiocommunications for communities in remote localities in which the telecommunications service of subscriber trunk dialling is not provided; and

(b) in the case of a radiocommunications service established in a locality in which the telecommunications service of a manual trunk telephone exchange is provided—available only for communications that relate to—

(i) an emergency that involves—

(a) prejudice to the security or defence of Australia;

(b) a serious threat to the environment; or

(ii) participation in the education program known as the School of the Air;

“outside broadcast television service” means a radiocommunications service established by—

(a) the Australian Broadcasting Corporation established under the Australian Broadcasting Corporation Act 1983;

(b) the Special Broadcasting Service established under the Broadcasting and Television Act 1942;

(c) a person who under that last-mentioned Act is, or is deemed to be, the licensee of a commercial television station; or

(d) a person who is, under section 89a of that Act, admitted to participate in any of the benefits of the licence held by a person referred to in paragraph (c) or to exercise any of the powers or authorities granted by that licence,

for the transmission of vision or sound programs associated with outside events from a movable station to a studio or transmitter for broadcast to the general public;

“public correspondence” means any radiocommunication which any station must, by reason of its being operated as a public service for the convenience of the general public, accept for transmission;

“receiving land station” means a land station, not being a multipoint distribution station receiver, established solely for the reception of radio transmissions from fixed stations;

“remote control station” means a station established at a fixed location for the remote control of a land station that is used for communicating with mobile stations;

“remote control station, Class C” means a remote control station forming part of a trunked land mobile service;

“Secretary” means the person for the time being occupying, or acting in, the office the holder of which is, under the Public Service Act 1922, the Secretary of the Department;

“ship” includes every kind of vessel or floating craft of any size, not being a vessel or floating craft that is permanently moored;

“ship station” means a station that—

(a) is established aboard a ship; and

(b) is used primarily for radiocommunication with land stations and other stations established aboard ships,

not being a disaster station, a marine rescue station or a mobile (disaster plan) station;

“station” means an installation or thing that is, or includes, a radiocommunications transmitter or receiver;

“telemetry service” means a radiocommunications service between a central station and remote stations—

(a) that employs, for transmission purposes, a single frequency exceeding 30 megahertz and an occupied maximum bandwidth not exceeding 16 kilohertz; and

(b) that is used, with or without telecommand facilities, for the purposes of telemetry;

“the Act” means the Radiocommunications Act 1983;

(2) A space satellite owned and operated by AUSSAT Proprietary Limited is declared to be an Australian satellite for the purposes of the Act.

(3) Where, in these Regulations, a reference is made to a standard identified by a number, that reference is a reference to the standard so numbered.

(4) In these Regulations—

(a) a reference to a private message is a reference to a message that is transmitted exclusively—

(i) by a natural person otherwise than for reward or in connection with the operation of a business; or

(ii) by a body corporate, or an unincorporated body, that—

(a) is formed for the purposes of providing recreation or amusement or promoting a charity;

(b) is not carried on for the purpose of profit or gain to its individual members;

(d) prohibits the making of any distribution, whether in money, property or otherwise, to its members; and

(b) a reference to a business message is a reference to a message that is not a message of the kind referred to in paragraph (a).

(5) For the purposes of these Regulations and a licence granted under section 24 of the Act, an expression specified in Column 2 of an item in Schedule 1 has the meaning specified in Column 3 of that item.

PART II—GENERAL

Authorised use of words

3. For the purposes of sub-section 11 (5) of the Act, the following words are authorised:

“This device is intended to be used only outside Australia”.

Fee for examination for the purposes of section 12 of the Act

4. (1) Subject to this regulation, there is payable for an examination for the purposes of section 12 of the Act in respect of a standard specified in Column 2 of an item in Schedule 2 the fee specified in Column 3 of that item.

(2) The fee payable for an examination referred to in sub-regulation (1) in respect of a certificate under section 12 of the Act is payable by the applicant for the certificate not later than 7 days before the time specified for the examination.

(3) Where, after the payment by an applicant pursuant to sub-regulation (2) of a fee for an examination, the applicant does not proceed with the examination, the applicant is entitled to a refund of an amount equal to the amount of the fee less $50.

(4) Where—

(a) an applicant submits a device for examination for the purposes of section 12 of the Act; and

(b) the device is to be examined in respect of more than one standard,

there is payable for the examination—

(c) the amount of the higher or highest fee, as the case requires, applicable to an examination in respect of any one of those standards; and

(d) the amount of one half of the fee applicable to examination in respect of each other of those standards.

Fee for issue or variation of compliance statement certificate

5. (1) A fee of $50 is payable for the issue of a compliance statement certificate.

(2) Subject to sub-regulation (3), a fee of $50 is payable for the variation of a compliance statement certificate.

(3) A fee is not payable under sub-regulation (2) where a variation referred to in that sub-regulation is imposed by the Minister.

Prescribed classes of transmitters

6. For the purposes of the definition of “radiocommunications transmitter” in section 22 of the Act, the following classes of transmitters are prescribed:

(a) the class of transmitters that complies with standard 306; and

(b) those classes of transmitters specified in Column 2 of an item in Schedule 3 that have the capacity to operate only—

(i) on or within, as the case requires, any of the operating frequencies specified in Column 3 of that item, subject to the qualifications (if any) specified in that column of that item; and

(ii) within the parameters specified in relation to operating power in Column 4 of that item.

Declaration as to receivers

7. The following receivers are declared to be receivers for the purposes of Part VII of the Act, namely, receivers that are, or form part of, one of the following:

(a) AUSSAT receive-only stations;

(b) coast stations, Class A (receive-only);

(d) land mobile paging receivers;

(e) earth stations, Class C (receive-only);

(f) earth stations, Class D (receive-only);

(g) earth stations, Class E (receive-only);

(h) multipoint distribution station receivers (Class A);

(i) multipoint distribution station receivers (Class B);

(j) major fixed stations other than major fixed stations of a kind referred to in paragraph (e), (f) or (g).

Licence

8. (1) Subject to sub-regulation (2), a licence shall be issued in a form approved by the Minister.

(2) Where 2 or more licences are to be granted to the same person, the licences may be issued in a combined form.

Display and inspection of licence

9. (1) The holder of a licence shall cause the licence to be displayed in accordance with this regulation.

(2) Subject to sub-regulation (3), a licensee shall, except in the case of a licence referred to in sub-regulation (4), display the licence at the place where the transmitter or receiver in respect of which the licence is granted is situated.

(3) Where a licence, not being a licence referred to in sub-regulation (4)—

(a) is issued in a combined form in accordance with sub-regulation 8 (2); or

(b) is issued in respect of more than one transmitter or receiver,

the original shall be displayed in or at one of the places where a transmitter or receiver in respect of which the licence is granted is situated and a copy at each other such place.

(4) Subject to sub-regulation (5), an inspector may, at any reasonable time, request the licensee in respect of a transmitter that is, or forms part of—

(a) an aircraft station;

(b) a citizen band radio station;

(d) an interior paging service;

(e) a mobile station;

(f) a mobile outpost station; or

(g) a radiodetermination station,

to produce the licence for inspection by that inspector, and the licensee shall produce the licence accordingly.

(5) A licensee referred to in sub-regulation (4) is not obliged to produce the licence to an inspector pursuant to a request made in accordance with that sub-regulation unless, upon making the request, the inspector produces evidence of his authority.

Issue of duplicate

10. (1) Where-

(a) a test permit;

(b) a compliance statement certificate;

(d) a temporary permit;

(e) a transmitter licence; or

(f) a receiver licence,

(in this regulation referred to as “the original instrument”) has been lost or destroyed, the holder of the original instrument may apply to the Minister for the issue to the holder of a duplicate of that original instrument.

(2) Where the original instrument has been lost or destroyed, the Minister may issue to the applicant, upon payment by the applicant of the fee of $5, a duplicate of the original instrument.

Condition for use of transmitter

11. For the purposes of sub-section 25 (1) of the Act, the following condition is prescribed in respect of a transmitter licence, namely, that the licensee shall not, except

(a) where the transmission of a message is in relation to a distress signal or relief operations in connection with natural disasters; or

(b) as authorised by instrument in writing by the Minister or an inspector,

communicate with any station or receiver other than a station or receiver specified, or included in a class of stations or receivers specified, in the licence as a station or receiver or class of stations or receivers with which the licensee, in the operation of any transmitter under the licence, is permitted to communicate.

Installation, &c., of station, service or network

12. (1) An inspector may, in relation to—

(a) the installation and maintenance of a station, service or network; and

(b) any accessory apparatus used, or to be used, in the operation of the station, service or network,

give to a licensee such directions in writing as are reasonably necessary for the operation of that station, service or network so as to avoid interference to radiocommunications, and the licensee shall comply with any such directions accordingly.

(2) A licensee shall not, except-

(a) in accordance with a direction given under sub-regulation (1); or

(b) with the consent given in writing of an inspector,

make any alteration to a station, service or network, or to any accessory apparatus used in the operation of the station; service or network, of a kind that is likely to cause interference to radiocommunications.

(3) Sub-regulation (2) does not apply in the case of an amateur station.

(4) In this regulation, a reference to an inspector shall be read as a reference to an inspector authorised in writing by the Minister for the purposes of this regulation.

PART III—AMATEUR STATIONS

Interpretation

13. In this Part, a reference to an amateur station is a reference to—

(a) an amateur station (unrestricted);

(b) an amateur station (limited);

(d) an amateur station (combined limited and novice).

Conditions for communication by amateur station

14. For the purposes of sub-section 25 (1) of the Act, the following conditions are prescribed in relation to a licence in respect of a transmitter that forms part of an amateur station:

(a) the licensee shall not, when communicating with another amateur station, transmit any messages other than messages of an unimportant character in language relating to experiments, or consisting of remarks of a personal nature;

(b) the licensee shall not, on behalf of a third party, undertake the transmission of messages

(i) that directly or indirectly enable any person to obtain a pecuniary gain or other reward; or

(ii) that relate to the commercial or financial affairs of any person;

(c) the licensee shall not transmit messages to an amateur station in a country other than Australia the government of which has given notice that it objects to the transmission and reception of messages between amateur stations in that country and amateur stations outside that country;

(d) notwithstanding that the government of a country other than Australia has not objected to the transmission and reception of messages between amateur stations in that country and amateur stations outside that country, the licensee shall not, on behalf of a third party, transmit messages to an amateur station in that country unless the government of that country has made a special arrangement with the Government of the Commonwealth with respect to the transmission and reception of messages, on behalf of third parties, between amateur stations in Australia and amateur stations in that country.

Conditions for use of amateur station

15. For the purposes of sub-section 25 (1) of the Act, the following conditions are prescribed in relation to a licence in respect of a transmitter that forms part of an amateur station:

(a) the licensee shall not use the transmitter for financial gain;

(b) the licensee shall not transmit any form of entertainment;

(c) the licensee shall use the transmitter solely for the purpose of self-training, intercommunication and investigations into radiocommunications.

Conditions in relation to operation of amateur station

16. For the purposes of sub-section 25 (1) of the Act, the following conditions are prescribed in relation to a licence in respect of a transmitter that forms part of an amateur station:

(a) the licensee shall ensure that transmissions are by such types of emission, and within such frequency bands, being frequency bands within the frequencies specified in the licence, as the Minister or an inspector determines from time to time;

(b) the licensee shall transmit the call sign of any station being called or communicated with by the station to which the transmitter relates, followed by the call sign of the licensee’s station—

(i) in the case of a single transmission—

(a) at the beginning and at the end of the transmission; and

(b) where the duration of the call sign is more than 10 minutes -at least once during each period of 10 minutes in the course of the transmission; and

(ii) in the case of a series of transmissions between stations that have established communications—at the beginning and at the end of the series of transmissions,

and, where the duration of a series of transmissions is more than 10 minutes, shall in addition transmit the call sign of the licensee’s station at least once during each period of 10 minutes in the course of the series.

(c) the licensee shall not, except for brief tests and adjustments, cause a carrier wave to be emitted from the transmitter on any frequency lower than 50 megahertz unless that wave is subjected to intelligible modulation;

(d) the licensee shall employ in the transmitter such circuits, devices or methods as will ensure freedom from the effects of frequency variation (other than necessary modulation), harmonics, key impacts or other unessential emissions;

(e) the licensee shall take such measures as are reasonably practicable to erect, fix, place and use the transmitter in such a manner as to avoid interference to the efficient and convenient working of other stations.

Condition in relation to control of equipment

17. For the purposes of sub-section 25 (1) of the Act, the following condition is prescribed for a licence in respect of a transmitter that forms part of an amateur station, namely, that the transmitter shall at all times be under the control of the licensee.

PART IV—CITIZEN BAND RADIO STATIONS

Channels

18. For the purposes of sub-section 25 (1) of the Act, the following conditions are prescribed for a licence in respect of a transmitter that forms part of a citizen band radio station:

(a) the licensee shall not, except in cases of emergency, operate that station on a carrier frequency of 27.065, 476.525 or 477.275 megahertz;

(b) the licensee shall not operate that station on a carrier frequency of 27.085, 27.155 or 476.675 megahertz except—

(i) for the purpose of initiating contact with other citizen band radio stations; or

(ii) in cases of emergency, where the carrier frequencies referred to in paragraph (a) are not available,

and, in a case to which sub-paragraph (i) or (ii) applies—

(iii) in the case of a carrier frequency of 27.085 megahertz—for double sideband amplitude modulated transmissions;

(iv) in the case of a carrier frequency of 27.155 megahertz—for single sideband amplitude modulated transmissions employing the lower sideband of that carrier frequency; and

(v) in the case of a carrier frequency of 476.675 megahertz—for angle modulated transmissions.

PART V—MISCELLANEOUS

Prescribed form of warrant

19. The form of warrant for the purposes of section 70 of the Act is the form in Schedule 4.

Prescribed office for the purposes of section 71 of the Act

20. For the purposes of sub-section 71 (9) of the Act, the following offices are prescribed, namely, the offices of clerk and deputy clerk of a court of summary jurisdiction that exercises criminal jurisdiction.

Evidentiary certificates

21. For the purposes of sub-section 84 (1) of the Act, the following qualifications are prescribed, namely, the qualifications required, or that have at any time been required, by a person for the purposes of entry to the Australian Public Service as a Technical Officer.

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SCHEDULE 1 Sub-regulation 2 (5)

SPECIFIED EXPRESSIONS IN RELATION TO TRANSMITTERS

Column 1	Column 2	Column 3
Item	Expression	Description
1	Aeronautical station	Land station in the aeronautical mobile service.
2	Aircraft station, Class A	Aircraft station installed aboard an aircraft that—(a) has not less than 38 passenger seats; or(b) has a maximum take-off weight of not less than 19 tonnes.
3	Aircraft station, Class B	Aircraft station other than an aircraft station, Class A.
4	Amateur station (unrestricted)	An amateur station in the case where the holder of the transmitter licence that relates to the station is a person to whom a certificate of proficiency has been granted in relation to the Amateur Operator’s Examination referred to in regulation 4 of the Radiocommunications (Certificates of Proficiency) Regulations.
5	Amateur station (limited)	An amateur station in the case where the holder of the transmitter licence that relates to the station is a person to whom a certificate of proficiency has been granted in relation to the Limited Amateur

SCHEDULE 1—continued

Column 1	Column 2	Column 3
Item	Expression	Description
		Operator’s Examination referred to in regulation 5 of the Radiocommunications (Certificates of Proficiency) Regulations.
6	Amateur station (novice)	An amateur station in the case where the holder of the transmitter licence that relates to the station is a person to whom a certificate of proficiency has been granted in relation to the Novice Amateur Operator’s Examination referred to in regulation 6 of the Radiocommunications (Certificates of Proficiency) Regulations.
7	Amateur station (combined limited and novice)	An amateur station in the case where the holder of the transmitter licence that relates to the station is a person to whom a certificate of proficiency has been granted in relation to—(a) the Limited Amateur Operator’s Examination referred to in regulation 5; and(b) the Novice Amateur Operator’s Examination referred to in regulation 6,of the Radiocommunications (Certificates of Proficiency) Regulations.
8	AUSSAT service	A service comprising earth stations possessed and operated by AUSSAT Proprietary Limited in the provision of radiocommunications services.
9	Australian satellite service	A service consisting of a space satellite declared by these Regulations to be an Australian satellite for the purposes of the Act.
10	Base station. Class A	A base station other than a base station, Class B.
11	Base station, Class B	A base station that is used for any one or more of the following purposes:(a) low duty cycle speech;(b) telemetry;(c) telecommand.
12	Citizen band radio station	A station that employs, for radiocommunication, any frequency included in the frequencies designated in the frequency table as a frequency for use by citizen band radio stations.
13	Coast station, Class A	A coast station other than a coast station, Class B, that is used for communicating with ship stations on very high frequency channels.
14	Coast station, Class B	A coast station that is used for communicating with ship stations on other channels in addition to, or instead of, very high frequency channels.
15	Disaster station	A station having the exclusive function of providing a radiocommunications service in relation to natural disasters and civil defence activities.
16	Earth station, Australian satellite service	An earth station that is established for the purpose of providing access to an Australian satellite.
17	Earth station, Class A	An earth station, other than an earth station, Australian satellite, capable of carrying not more than one voice channel.
18	Earth station, Class B	An earth station, other than an earth station, Australian satellite, capable of carrying more than one but not more than 12 voice channels.
19	Earth station, Class C	An earth station, other than an earth station, Class A, an earth station, Class B, or an earth station,

SCHEDULE 1—continued

Column 1	Column 2	Column 3
Item	Expression	Description
		Australian satellite service, capable of utilizing not more than one satellite transponder.
20	Earth station, Class D	An earth station, other than an earth station, Australian satellite service, capable of utilizing more than one but not more than 2 satellite transponders.
21	Earth station, Class E	An earth station, other than an earth station, Australian satellite service, capable of utilizing more than 2 satellite transponders.
22	Experimental station	A station (other than an amateur station) that is used solely for—(a) investigation or research into, or instruction in, terrestrial radiocommunications; or(b) demonstrating or testing terrestrial radio-communications equipment.
23	Exterior paging service, Class A	An exterior paging service that includes a transmitter operating in other than a high density location.
24	Exterior paging service, Class B	An exterior paging service that includes a transmitter operating in a high density location.
25	Exterior paging service, Class C	(a) An exterior paging service, Class A, that operates in conjunction with another exterior paging service, Class A; or(b) an exterior paging service, Class B, that operates in conjunction with another exterior paging service, Class B.
26	Fixed station, Class A (business)	A fixed station—(a) that does not use, for transmission purposes, any frequency or frequencies exceeding 30 megahertz; and(b) that is used for the transmission of business messages.
27	Fixed station, Class A (private)	A fixed station—(a) that does not use, for transmission purposes, any frequency or frequencies exceeding 30 megahertz; and(b) that is used solely for the transmission of private messages.
28	Fixed station, Class B (high density location)	A fixed station—(a) that uses, for transmission purposes, a single frequency of not less than 30 megahertz and not more than 10.5 gigahertz;(b) that employs a single voice channel for any one or more of the following purposes:(i) low duty cycle speech;(ii) telemetry;(iii) telecommand; and(c) that is used in a high density location.
29	Fixed station, Class B (low density location)	A fixed station—(a) that uses, for transmission purposes, a single frequency of not less than 30 megahertz and not more than 10.5 gigahertz;(b) that employs a single voice channel for any one or more of the following purposes:(i) low duty cycle speech;(ii) telemetry;(iii) telecommand; and(c) that is used in a low density location.

SCHEDULE 1—continued

Column 1	Column 2	Column 3
Item	Expression	Description
30	Fixed station, Class C (high density location)	A fixed station, other than a fixed station, Class B—(a) that uses, for transmission purposes, any frequency or frequencies exceeding 30 megahertz but not exceeding 10.5 gigahertz; and(b) that is used in a high density location.
31	Fixed station, Class C (low density location)	A fixed station, other than a fixed station, Class B—(a) that uses, for transmission purposes, any frequency or frequencies exceeding 30 megahertz but not exceeding 10 gigahertz; and(b) that is used in a low density location.
32	Fixed station, Class D1 (high density location)	A fixed station—(a) that uses, for transmission purposes, a single frequency that exceeds 10.5 gigahertz but does not exceed 15.35 gigahertz;(b) that uses, for transmission purposes, an occupied bandwidth not exceeding 20 megahertz; and(c) that is used in a high density location.
33	Fixed station, Class D1 (low density location)	A fixed station—(a) that uses, for transmission purposes, a single frequency that exceeds 10.5 gigahertz but does not exceed 15.35 gigahertz;(b) that uses, for transmission purposes, an occupied bandwidth not exceeding 20 megahertz; and(c) that is used in a low density location.
34	Fixed station, Class D2 (high density location)	A fixed station—(a) that uses, for transmission purposes, a single frequency that exceeds 10.5 gigahertz but does not exceed 15.35 gigahertz;(b) that uses, for transmission purposes, an occupied bandwidth exceeding 20 megahertz; and(c) that is used in a high density location.
35	Fixed station, Class D2 (low density location)	A fixed station—(a) that uses, for transmission purposes, a single frequency that exceeds 10.5 gigahertz but does not exceed 15.35 gigahertz;(b) that uses, for transmission purposes, an occupied bandwidth exceeding 20 megahertz; and(c) that is used in a low density location.
36	Fixed station, Class El (high density location)	A fixed station—(a) that uses, for transmission purposes, a single frequency that exceeds 15.35 gigahertz;(b) that uses, for transmission purposes, an occupied bandwidth not exceeding 20 megahertz; and(c) that is used in a high density location.
37	Fixed station, Class El (low density location)	A fixed station—(a) that uses, for transmission purposes, a single frequency that exceeds 15.35 gigahertz;(b) that uses, for transmission purposes, an occupied bandwidth not exceeding 20 megahertz; and(c) that is used in a low density location.

SCHEDULE 1—continued

Column 1	Column 2	Column 3
Item	Expression	Description
38	Fixed station, Class E2 (high density location)	A fixed station—(a) that uses, for transmission purposes, a single frequency that exceeds 15.35 gigahertz;(b) that uses, for transmission purposes, an occupied bandwidth exceeding 20 megahertz; and(c) that is used in a high density location.
39	Fixed station, Class E2 (low density location)	A fixed station—(a) that uses, for transmission purposes, a single frequency that exceeds 15.35 gigahertz;(b) that uses, for transmission purposes, an occupied bandwidth exceeding 20 megahertz; and(c) that is used in a low density location.
40	General station, Class A	A station, being a station not otherwise referred to in this Schedule, that uses, for transmission purposes(a) an occupied bandwidth not exceeding 36 kilohertz; or(b) a transmitter power not exceeding one watt.
41	General station, Class B	A station, being a station not otherwise referred to in this Schedule, that uses, for transmission purposes—(a) an occupied bandwidth not exceeding 500 kilohertz; or(b) a transmitter power not exceeding 10 watts.
42	General station. Class C	A station, being a station not otherwise referred to in this Schedule, that uses, for transmission purposes—(a) an occupied bandwidth not exceeding 3,000 kilohertz; or(b) a transmitter power not exceeding 100 watts.
43	General station, Class D	A station, being a station not otherwise referred toin this Schedule, that uses, for transmissionpurposes—(a) an occupied bandwith not exceeding 10,000 kilohertz; or(b) a transmitter power not exceeding 1,000 watts.
44	General station, Class E	A station, being a station not otherwise referred to in this Schedule, that uses, for transmission purposes—(a) an occupied bandwidth exceeding 10,000 kilohertz; or(b) a transmitter power exceeding 1,000 watts.
45	Handphone station	A station that—(a) comprises equipment that is suitable for carriage by hand or on the person; and(b) employs, as specified in the licence, one or more of the following frequencies: 27,230, 27,240, 27,250, 27,260, 27,270, 27,280, 27,550, 27,560, 27,580, 27,590, 27,620, 27,660, 27,760 kilohertz.
46	Interior paging service	A radiocommunications service—(a) that comprises—(i) a single transmitter; and(ii) one or more receivers suitable for carriage by hand or on the person; and

SCHEDULE 1—continued

Column 1	Column 2	Column 3
Item	Expression	Description
		(b) that is used for communication solely within premises or similar restricted areas.
47	Internal television service	A low-powered radiocommunications service that links parts of a closed-circuit television installation within premises or any similar restricted area.
48	Limited coast station	A coast station (other than a marine rescue station) that is not used—(a) for communicating with aircraft stations; or(b) for the transmission and reception of messages on behalf of the public.
49	Marine rescue station	A station (other than a mobile (disaster plan) station) that—(a) is operated—(i) by a body in relation to which the Minister certifies that the Minister is satisfied that body is prepared to provide a comprehensive emergency radiocommunications service to vessels at sea without discrimination; or(ii) aboard a ship by a person acting on behalf of, or in co-ordination with, such a body;(b) is used primarily for ship-to-shore, shore-to-ship and intership communications;(c) in the case of a station established on land—(i) maintains a listening watch on the frequency 27,880 kilohertz and on either or both of the frequencies 2,182 kilohertz and 156.8 megahertz; and(ii) transmits on the frequency 27,860 kilohertz and—(A) where it maintains a listening watch on the frequency 2,182 kilohertz—transmits on the frequency 2,524 kilohertz; and(B) where it maintains a listening watch on the frequency 156.8 megahertz—transmits on the frequency 156.375 megahertz; and(d) in the case of a station established aboard a ship, operates—(i) on the frequencies 27,860 and 27,880 kilohertz; and(ii) on either or both of the following pairs of frequencies:(A) 2,182 and 2,524 kilohertz;(B) 156.375 and 156.8 megahertz.
50	Mobile (disaster plan) station	An ambulatory station that—(a) is authorised by the Minister to participate in an emergency radiocommunications service that is established or maintained in accordance with an agreement between the Commonwealth and either a State or the Northern Territory, being an agreement declared by the Minister, by notice published in the Gazette, to be an approved agreement for the purposes of this description; and

SCHEDULE 1—continued

Column 1	Column 2	Column 3
Item	Expression	Description
		(b) is also authorised by the Minister to be used as if it were(i) an aircraft station, Class A or an aircraft station, Class B;(ii) a marine rescue station;(iii) a mobile station; or(iv) a ship station.
51	Mobile outpost station	A mobile station that forms part of the outpost service.
52	Mobile station	An ambulatory station other than an ambulatory station of a kind specified in this Schedule.
53	Multipoint distribution station, Class A	A multipoint distribution station employing laser transmissions.
54	Multipoint distribution station, Class B	A multipoint distribution station that does not employ laser transmissions.
55	Multipoint distribution repeater station	A station(a) that is used for the reception and automatic retransmission of radio transmissions emanating from a multipoint distribution station;(b) that employs an effective isotropically radiated power not exceeding 5 watts; and(c) that has a coverage area that does not extend beyond that of the station referred to in paragraph (a);
56	Outpost station	A land station in the outpost service.
57	Outside broadcast television station	A station in the outside broadcast television service.
58	Radiodetermination station	A station that is used for—(a) the determining, in relation to objects, of any of the following parameters; their positions, velocities and other characteristics; and(b) the obtaining of information in relation to those parameters,by means of the propagation properties of radio waves.
59	Repeater station	A station established at a fixed location for the reception of radio signals from amateur stations or citizen band radio stations and for the automatic retransmission of those signals by radio.
60	Remote control station, Class A	A remote control station—(a) that transmits and receives on the same frequency; or(b) that transmits and receives on 2 different frequencies, either of which is the same as the frequency used by the relevant land station to communicate with mobile stations used in connection with that land station.
61	Remote control station, Class B	A remote control station that transmits and receives on different frequencies, each of which is different from the frequency or frequencies used by the relevant land station to communicate with mobile stations used in connection with that land station.

SCHEDULE 1—continued

Column 1	Column 2	Column 3
Item	Expression	Description
62	Ship station, Class A	A ship station, other than a ship station, Class C, used by a member of an organization established to provide an inshore boating service, not being a station that includes a transmitter licensed to transmit public correspondence.
63	Ship station, Class B	A ship station other than a ship station, Class C—(a) that includes a transmitter licensed to transmit public correspondence; or(b) that does not include such a transmitter so licensed and that is not a ship station, Class A, as the case requires.
64	Ship station, Class C	A ship station equipped in accordance with orders made under the Navigation (Orders) Regulations.
65	Telemetry service	A radiocommunications service between a central station and remote stations—(a) that employs, for transmission purposes, a single frequency exceeding 30 megahertz and an occupied maximum bandwidth not exceeding 16 kilohertz; and(b) that is used, with or without telecommand facilities, for the purposes of telemetry;
66	Trunked land mobile service	A radiocommunications system comprised of base stations, mobile stations and associated remote control stations, Class C, in which channels are so interconnected that when a user wishes to communicate with another user, an automatic search of the channels is carried out until an available channel is located for conveying that communication.

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SCHEDULE 2 Regulation 4

FEE FOR EXAMINATION FOR THE PURPOSES OF SECTION 12 OF THE ACT

Column 1	Column 2	Column 3
Item	Standard (s)	Fee
		$
1	306	50
2		250
3		500
4		750

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SCHEDULE 3 Regulation 6

PRESCRIBED CLASSES OF TRANSMITTERS UNDER SECTION 22 OF THE ACT

Column 1	Column 2	Column 3	Column 4
Item	Class of transmitters	Permitted operating frequencies (MHz)	Permitted operating power
1	Low power radio transmitting toys	27.145; 27.095; 40.680	Maximum direct current input to the transmitter not exceeding 250 milliwatts.
2	Low power cordless telephones	(a) base station transmitter-1.725; 1.740; 1.755; 1.770; 1.785; 30.075; 30.125; 30.175; 30.225; 30.275.	(a) Where the base station transmitter operates in the 1.7 MHz band -maximum direct current power input to the transmitter final stage not exceeding 300 milliwatts under any load conditions; and
		(b) handset transmitter 40.025; 40.075; 40.125; 40.175; 40.225; 39.775; 39.825; 39.875; 39.925; 39.975.	(b) where the base station transmitter operates in the 30 MHz band or the handset transmitter operates in the 39 MHz or 40 MHz band -the field strength of a transmission on a carrier frequency not exceeding 96dBuV/m at a distance of 3 metres from the antenna.
3	Low power radio transmitters used for control of models	29. 72 to 30.00 (inclusive) 36.00 to 36.60 (inclusive) 40.66 to 40.70 (inclusive)	The field strength of a transmission on a carrier frequency not exceeding 125dBuV/m at 3 metres from the antenna.
4	Low power transmitters for opening garage doors	225.00 to 267.00 (inclusive) 273.00 to 328.60 (inclusive) 335.40 to 399.90 (inclusive)	The field strength of a transmission on a carrier frequency not exceeding 75dBuV/m at 3 metres from the antenna.
5	Emergency position indicating radio beacons (“EPIRBs”)	121.5; 243.0	The minimum mean field strength of a transmission on a carrier frequency being 105dBuV/m at 10 metres fromthe antenna.
6	Transmitters for the remote control of mechanical devices	26.937 to 27.282 (inclusive); 40.66 to 40.72 (inclusive); 2400 to 2500 (inclusive); 5725 to 5875 (inclusive).	Maximum direct current input to the transmitter not exceeding one watt.
7	Radio-linked microphones	(a) 36.7; 37.1; 37.6 and 40.68, where an emission of each such frequency may be frequency modulated or amplitude modulated and has a maximum bandwidth of 180kHz.(b) 202.1; 202.2; 202.4; 202.5; 202.6; 202.9; 203.3; 203.4; 203.7 and 203.8, where an emission of each such frequency may be frequency modulated only and has a maximum bandwidth of 180kHz.	Maximum direct current input to the transmitter not exceeding 50 milliwatts.

SCHEDULE 3—continued

Column 1	Column 2	Column 3	Column 4
Item	Class of transmitters	Permitted operating frequencies (MHz)	Permitted operating power
		(c) 902.75; 904.00; 905.00; 908.25; 908.50; 909.00; 909.75; 910.75; 911.00; 912.75; 914.00; 914.25; 914.75; 915.75; 916.75; 917.25; 918.50; 919.00; 921.00; 921.50; 921.75; 925.00; 926.00 and 927.25, where an emission on each such frequency may be frequency modulated only and has a maximum bandwidth of 330kHz.
8	Auditory training devices	3.155 to 3.195 (inclusive) 41.55; 41.65; 41.85; 41.95; 42.05; 42.15; 42.25; 42.35; 42.45; 42.55; 42.65; 42.75; 42.85; 42.95; 43.05; 43.15; 43.25; 43.35; 43.45; 173.34; 173.37; 173.40; 173.43; 173.46; 173.49; 173.52	(a) Where the transmitter operates in the 3MHz band—the field of a transmission on a carrier frequency not exceeding 83dBuV/m at 3 metres from the antenna; and(b) where the transmitter operates in the 41, 42, 43 or 173MHz bands—the field strength of a transmission on a carrier frequency not exceeding 78dBuV/m at 3 metres from the antenna.

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SCHEDULE 4 Regulation 19

COMMONWEALTH OF AUSTRALIA

Radiocommunications Act 1983

SEARCH WARRANT UNDER SECTION 70

TO: (full name) , an inspector within the meaning of section 70 of the Radiocommunications Act 1983.

WHEREAS I, (full name), a Magistrate within the meaning of section 70 of that Act, relying on an information on oath that has, in accordance with sub-section (1) of that section, been laid before me in support of the issue of a search warrant in respect of (insert description of the land, premises, vessel, aircraft or vehicle, as the case may be, to which the information relates)

† (and on further information concerning the grounds on which the issue of the warrant is being sought that was given to me (state whether given orally or by affidavit) in accordance with paragraph 70 (2) (a) of that Act,)

am satisfied that there are reasonable grounds for issuing this warrant for the purpose of (here state the purpose for which the warrant is issued including the nature of the offence, for example, preventing the concealment, loss or destruction of ‡ connected with an offence against that Act, namely (nature of offence)):

NOW THEREFORE I, pursuant to sub-section 70 (1) of the Radiocommunications Act 1983, hereby authorise you, with such assistance as you think necessary and if necessary by force—

(a) to enter *upon/*upon or into/the abovementioned §

* at any time of the day or night;/

* between the hours of and ;/

(b) to search the § for things of the abovementioned kind; and

(c) to seize any thing of that kind found *upon/*upon or in/the abovementioned § that you believe on reasonable grounds to be connected with the abovementioned offence.

THIS WARRANT ceases to have effect on (insert date not being later than one month after the date of issue of the warrant).

Issued on 19 .

(Signature and designation of

person issuing warrant)

† Add words within brackets, if case requires.

* Omit if inapplicable.

‡ Insert in blank space a description of the kind of thing or things the seizure of which is to be authorised by the warrant.

§ Insert in blank space “land”, “premises”, “vessel”, “aircraft” or “vehicle”, as the case requires.

NOTE

1. Notified in the Commonwealth of Australia Gazette on 19 August 1985.

Radiocommunications (Licensing and General) Regulations

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Current sections

Radiocommunications (Licensing and General) Regulations

Source text: opening excerpt

1 Radiocommunications (Licensing and General) Regulations