Radiocommunications Licence Conditions (Aeronautical Licence) Amendment Determination 2006 (No. 1) (Cth)
Radiocommunications Licence Conditions (Aeronautical Licence) Amendment Determination 2006 (No. 1)
The AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY makes this instrument under paragraph 107 (1) (f) of the Radiocommunications Act 1992.
Dated 31st August 2006
CHRIS CHAPMAN
Chairman
LYN MADDOCK
Deputy Chair
Australian Communications and Media Authority
Name of instrument
This instrument is the Radiocommunications Licence Conditions (Aeronautical Licence) Amendment Determination 2006 (No. 1).
Commencement
This instrument commences on the day after it is registered.
Amendment of Radiocommunications Licence Conditions (Aeronautical Licence) Determination No. 1 of 1997
Schedule 1 amends the Radiocommunications Licence Conditions (Aeronautical Licence) Determination No. 1 of 1997.
Schedule 1 Amendments
(section 3)
[1] Section 1, including the note
substitute
Name of Determination
1. This Determination is the Radiocommunications Licence Conditions (Aeronautical Licence) Determination No. 1 of 1997.
[NOTE: This Determination commenced on gazettal in accordance with the Acts Interpretation Act 1901.]
[2] Section 2
omit
This Determination
insert
(1) This Determination
[3] Paragraph 2 (b)
omit
Part 3.
insert
Part 3;
[4] After paragraph 2 (b)
insert
(c) every aeronautical licence (aeronautical assigned system station) is also subject to the conditions in Part 3A.
[5] Section 2
insert
(2) However, if a condition in this Determination is inconsistent with a condition specified in the licence, the condition specified in the licence applies.
[6] Section 3, after definition of “aero club”
insert
“aeronautical assigned system” means a system of one or more associated aeronautical stations operating on an assigned frequency;
“aeronautical assigned system station” means one or more aeronautical stations operating on an assigned aeronautical frequency;
“aeronautical licence (aeronautical assigned system station)” means an aeronautical licence authorising the holder to operate an aeronautical assigned system station;
[7] Section 3, after definition of “aeronautical licence (aeronautical non assigned station)”
insert
“aeronautical station” means a station operating in the aeronautical mobile service:
(a) other than an aircraft station or an earth station; and
(b) whether or not the station is located on an aircraft;
“aircraft station” has the same meaning as in the Regulations;
[8] Section 3, definition of “common traffic advisory frequency”
omit
[9] Section 3, definition of “mandatory traffic advisory frequency”
omit
[10] Section 3, definition of “UNICOM services”
substitute
“UNICOM” means Universal Communications.
[11] Section 3, Note
substitute
[NOTE: For the definitions of other expressions used in this Determination, see the Radiocommunications Act 1992, the Radiocommunications (Interpretation) Determination 2000 and the Radiocommunications Regulations 1993.]
[12] Subsection 6 (1)
substitute
6. (1) The licensee must operate an aeronautical station to allow communications between aeronautical stations only in relation to:
(a) the safe and expeditious conduct of a flight; or
(b)an emergency; or
(c)a matter that relates to the particular occupation or industry in which the aircraft to which the aeronautical station relates is engaged.
[13] Paragraph 6 (2) (c)
substitute
(c) a licensee that operates an aeronautical station providing UNICOM or Certified Air/Ground Radio services.
[14] Section 7
substitute
Communications between an aeronautical station and aircraft station
7. (1) The licensee must operate an aeronautical station to allow communications between an aeronautical station and an aircraft station only in relation to:
(a) the safe and expeditious conduct of a flight; or
(b)an emergency; or
(c)a matter that relates to the particular occupation or industry in which the aircraft station to which the aeronautical station relates is engaged.
(2) However, subsection (1) does not apply to the following licensees:
(a) Airservices Australia;
(b) the Civil Aviation Safety Authority;
(c) a licensee that operates an aeronautical station providing UNICOM or Certified Air/Ground services.
Operator qualifications
7A. A person may operate an aeronautical station only if the person is qualified to operate the station in accordance with the Civil Aviation Regulations and the relevant Civil Aviation Orders.
[15] Section 8, heading
substitute
Station identification
[16] Paragraph 8 (a)
omit
by the SMA; or
insert
by the SMA, the ACA or ACMA; or
[17] After Part 3
insert
Part 3A Conditions for aeronautical licence (aeronautical assigned system station)
Conditions
10A. For paragraph 107 (1) (f) of the Act, every aeronautical licence (aeronautical assigned system station) is subject to the additional conditions in this Part relating to the operation of any aeronautical assigned system station under the licence by the licensee.
Frequencies that may be used
10B. The licensee must not operate an aeronautical assigned system station unless the licensee:
(a) operates the station on a frequency specified in the transmitter licence; or
(b) operates the station on any of the following frequencies for the purposes of search and rescue only:
(i) 3,023 kHz;
(ii) 5,680 kHz;
(iii) 121.5 MHz;
(iv) 123.1 MHz.
[18] Schedule 1, after item 6
insert
| 7 | “Radiocommunications (118 MHz to 137 MHz Amplitude Modulated Equipment ‑ Aeronautical Radio Service) Standard 2002”. Gazetted 8 May 2002 |
[19] Schedule 2, Part 2, item 9
substitute
| 9 | Licensee in relation to an aeronautical non assigned station used solely for the purpose of an airshow | 127.9 | Operation of the aeronautical non assigned station must only employ AM with a necessary bandwidth not exceeding 6 kHz |
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