Radiocommunications Licence Conditions (Aeronautical Licence) Determination No. 1 of 1997 (Cth)
Radiocommunications Licence Conditions (Aeronautical Licence) Determination No. 1 of 1997
as amended
made under paragraph 107 (1) (f) and subsection 179 (1) of the
Radiocommunications Act 1992
This compilation was prepared on 18 November 2011
taking into account amendments up to Radiocommunications Licence Conditions (Aeronautical Licence) Amendment Determination 2011 (No. 1)
Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra
Contents
Part 1Preliminary
1Name of Determination [see Note 1] 3
2Scope 3
3Interpretation 3
Part 2Conditions for every aeronautical licence
4Conditions 4
5Technical performance of an aeronautical station 4
6Communications between aeronautical stations 4
7Communications between an aeronautical station and aircraft station 4
7AOperator qualifications 5
8Station identification 5
Part 3AConditions for aeronautical licence (aeronautical assigned system station)
10AConditions 6
10BFrequencies that may be used 6
Part 4Revocation of technical licence specifications
11Revocation 7
Schedule 1Aeronautical stations: specification documents 8
Notes 9
Part 1 Preliminary
Name of Determination [see Note 1]
This Determination is the Radiocommunications Licence Conditions (Aeronautical Licence) Determination No. 1 of 1997.
Scope
(1) This Determination sets out conditions to which an aeronautical licence is subject in the following manner:
(a) every aeronautical licence is subject to the conditions in Part 2;
(b) every aeronautical licence (aeronautical assigned system station) is also subject to the conditions in Part 3A.
(2) However, if a condition in this Determination is inconsistent with a condition specified in the licence, the condition specified in the licence applies.
Interpretation
In this Determination, unless the contrary intention appears:
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.
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.
licensee means the holder of an aeronautical licence and includes any person authorised by the licensee to operate a station under the licence.
UNICOM means Universal Communications.
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.
Part 2 Conditions for every aeronautical licence
Conditions
For paragraph 107 (1) (f) of the Act, every aeronautical licence is subject to the conditions in this Part relating to the operation of any aeronautical station under the licence by the licensee.
Technical performance of an aeronautical station
(1) An aeronautical station must comply with the requirements of the document mentioned in Schedule 1:
(a) that was published most recently before the station was manufactured or imported into Australia; and
(b) as the document was in force when the station was manufactured or imported.
(2) However, subsection (1) does not apply to an aeronautical station operated by:
(a) Airservices Australia; or
(b) the Civil Aviation Safety Authority.
Communications between aeronautical stations
(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.
(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 Radio services.
Communications between an aeronautical station and aircraft station
(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.
7A Operator qualifications
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.
Station identification
The licensee must operate an aeronautical station using:
(a) the call sign allocated to the station; or
(b) another form of identification that clearly identifies the station.
Note Other requirements, under legislation administered by Airservices Australia or the Civil Aviation Safety Authority, may apply to the licensee in relation to the operation of an aeronautical station.
Part 3A Conditions for aeronautical licence (aeronautical assigned system station)
10A Conditions
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.
10B Frequencies that may be used
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.
Part 4 Revocation of technical licence specifications
Revocation
The following determinations are revoked:
(a) TLS 1/1995 Aeronautical, notified in the Gazette on 15 September 1995;
(b) TLS 2/1995 Aeronautical (Aeronautical Non Assigned), notified in the Gazette on 15 September 1995.
Schedule 1 Aeronautical stations: specification documents
(section 5)
| Column 1 | Column 2 |
| 1 | “Specification for Radio Equipment Employed in Land and Harbour Mobile Radiocommunication Services” (also known as “RB 272”), published by the Department of Communications in November 1980 |
| 2 | “Specification for Radio Equipment Employed in Land Mobile Radiocommunication Services” (also known as “RB 203”), published by the Department of Communications in June 1982 |
| 3 | “Equipment Specification for Land Mobile Services (70‑85 MHz, 92‑94 MHz and Aeronautical Band 118‑136 MHz)” (also known as “DOC 203A”), published by the Department of Transport and Communications in October 1988 |
| 4 | “Equipment Specification for Land and Harbour Mobile Services (70‑85 MHz, 148‑174 MHz and Aeronautical Band 118‑136 MHz)” (also known as “DOC 272A”), published by the Department of Transport and Communications in February 1989 |
| 5 | “Aviation Service (Base and Mobile): Equipment” (also known as “Equipment Compliance Requirement 203A”), published by the Department of Transport and Communications in April 1992 |
| 6 | “Aviation Service (Personal Mobile): Equipment” (also known as “Equipment Compliance Requirement 272A”), published by the Department of Transport and Communications in April 1992 |
| 7 | “Radiocommunications (118 MHz to 137 MHz Amplitude Modulated Equipment – Aeronautical Radio Service) Standard 2002”. Gazetted 8 May 2002 |
Notes to the Radiocommunications Licence Conditions (Aeronautical Licence) Determination No. 1 of 1997
Note 1
The Radiocommunications Licence Conditions (Aeronautical Licence) Determination No. 1 of 1997 (in force under paragraph 107 (1) (f) and subsection 179 (1) of the Radiocommunications Act 1992) as shown in this compilation is amended as indicated in the Tables below.
Table of Instruments
| Title | Date of notification | Date of | Application, saving or |
| Radiocommunications Licence Conditions (Aeronautical Licence) Determination No. 1 of 1997 | 9 Apr 1997 (see Gazette 1997, No. GN14) | 9 Apr 1997 | |
| Radiocommunications Licence Conditions (Aeronautical Licence) Amendment Determination 2006 (No. 1) | 5 Sept 2006 (see F2006L02971) | 6 Sept 2006 | — |
| Radiocommunications Licence Conditions (Aeronautical Licence) Amendment Determination 2011 (No. 1) | 17 Nov 2011 (see F2011L02383) | 18 Nov 2011 | — |
Table of Amendments
| ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted | |
| Provision affected | How affected |
| Part 1 | |
| S. 1......................................... | rs. 2006 No. 1 |
| S. 2......................................... | am. 2006 No. 1; 2011 No. 1 |
| S. 3......................................... | am. 2006 No. 1; 2011 No. 1 |
| Note to s. 3............................ | rs. 2006 No. 1 |
| Part 2 | |
| S. 6......................................... | am. 2006 No. 1 |
| S. 7......................................... | rs. 2006 No. 1 |
| S. 7A....................................... | ad. 2006 No. 1 |
| Heading to s. 8..................... ............................................. | rs. 2006 No. 1 |
| S. 8......................................... ....................................... am | am. 2006 No. 1; 2011 No. 1 |
| Part 3...................................... | rep. 2011 No. 1 |
| Part 3A | |
| Part 3A................................... | ad. 2006 No. 1 |
| S. 10A.................................... | ad. 2006 No. 1 |
| S. 10B.................................... | ad. 2006 No. 1 |
| Schedule 1 | |
| Schedule 1............................ | am. 2006 No. 1 |
| Schedule 2............................ | am. 2006 No. 1 |
| rep. 2011 No. 1 | |
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