The instrument is short but contains several provisions that can trap users or those advising them if read superficially. The key “gotchas” are precise numeric boundaries, the cumulative nature of conditions, the conditional EME obligation, and the administrative note on ACMA protection.
Lower frequency endpoints are excluded: Section 4(2) provides that a part of the spectrum “includes all frequencies that are greater than but not including the lower frequency, up to and including the higher frequency.” That means a stated band of 36.00-36.6 MHz does not include 36.00 MHz, but does include 36.6 MHz. Practitioners should not assume inclusive lower bounds when checking whether a particular nominal frequency is permitted. For the 29 MHz band defined as 29.72-30 MHz, frequencies must be strictly greater than 29.72 MHz and may equal 30.00 MHz (s 4(1) and s 4(2)).
The EIRP lower bound is exclusive: Section 8(6) requires EIRP to be “greater than 300 mW and equal to or less than 1 W.” The lower bound is exclusive, meaning an EIRP of exactly 300 mW is not authorised under this class licence. This is a technical but important compliance trap: many consumer model radio systems are rated at or below 300 mW; those devices would not fall within the class licence unless their EIRP exceeds 300 mW but stays ≤1 W. Conversely, devices above 1 W EIRP are similarly excluded.
36 MHz band prohibition for landcraft: Section 8(2) expressly forbids operation in the 36 MHz band for model landcraft. That is an absolute prohibition under this class licence; operators of land-based models must use the 29 MHz band if operating under this instrument, subject to the EIRP and interference conditions. Failure to observe that exclusion will mean operation is not authorised by the class licence.
Discrete channel formulas and integer constraints: Operation in the 36 MHz band is not freeform. The instrument requires use of discrete frequencies computed by formulas with integer n ranges (s 8(3)-(5)). For model vessels only the 35.99 + n(0.02) MHz grid with n = 1-30 may be used. For model aircraft either that grid or the 36 + n(0.02) MHz grid with n = 1-29 may be used. The channel spacing is 20 kHz. Attempting to use frequencies not equal to one of the computed values breaches the class licence.
Cumulative obligations: Section 4(3) clarifies that “no condition in this instrument limits any other condition.” Practically this means an operator must comply with every condition concurrently. For example, compliance with EIRP limits does not excuse non-compliance with the ARPANSA basic restrictions if those apply; compliance with channelisation does not excuse causing interference. Breach of any one condition negates compliance under the class licence.
Conditional EME duty: The duty to comply with the ARPANSA Standard’s basic restrictions applies only where equipment rules do not prescribe the EME standard for the device (s 9(1)). If the Radiocommunications Equipment (General) Rules 2021 or a replacing instrument does prescribe an EME standard for the device, that prescription takes precedence and section 9’s ARPANSA check may not apply (s 9 Note). Practitioners must therefore determine whether equipment rules for the specific device specify the EME standard before concluding whether the ARPANSA basic restrictions are the operative requirement.
ACMA protection not afforded: The instrument notes that ACMA will generally not afford protection from interference to radiocommunications involving a device operated under this instrument (s 7 Note 2). Operators should therefore not rely on formal ACMA prioritisation or guaranteed resolution of interference, and should expect that resolving interference may require private reconfiguration (changing channel, power) or compliance with the non-interference obligation rather than regulatory relief.
References to external definitions: The instrument points to the Radiocommunications Equipment (General) Rules 2021 for the definition of “EME standard” and to possible ACMA determinations under the ACMA Act for other definitions (s 4(1) Note 2; s 9(2)). The operative meaning of terms such as EIRP or EME standard may therefore be supplied elsewhere and may change if those other instruments change. That can be a compliance trap if advisers review the class licence in isolation.
No penalty schedule in the instrument: Because the instrument omits penalty clauses, practitioners must consult the Radiocommunications Act for enforcement and penalty details. Treat the class licence obligations as authorising conditions and consult the Act for the consequences of breach.