Notice under subsection 132(1) of the Radiocommunications Act 1992 - Issue of Radiocommunications (Radio-controlled Models) Class Licence 2015

Administered by Department of Communications and the Arts

Legislation au C2015G00456 In force Gazette

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Gazette

Published by the Commonwealth of Australia

GOVERNMENT NOTICES

AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY


NOTICE UNDER SUBSECTION 132(1) OF THE RADIOCOMMUNICATIONS ACT 1992 - Issue of Radiocommunications (Radio-controlled Models) Class Licence 2015)

Radiocommunications (Radio-controlled Models) Class Licence 2015

The AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY issues this Class Licence under subsection 132 (1) of the Radiocommunications Act 1992.

Dated 27th March 2015

Chris Chapman
[signed]
Member

Richard Bean
[signed]
Member/General Manager

Australian Communications and Media Authority

 

 

1 Name of Class Licence

  This Class Licence is the Radiocommunications (Radio-controlled Models) Class Licence 2015.

2 When Class Licence comes into force

  This Class Licence comes into force on the later of:

 (a) the day after it is registered;

 (b) the day on which it is published in the Gazette.

Note 1   All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003.  See http://www.frli.gov.au.

Note 2   Both (a) and (b) must occur for this Class Licence to come into force.

3 Definitions

  In this Class Licence:

device compliance day, for a radiocommunications device used to control model aircraft, model landcraft or model watercraft, means the most recent of the following days:

 (a) if the radiocommunications device was manufactured in Australia — the day the radiocommunications device was manufactured;

 (b) if the radiocommunications device was manufactured overseas and imported — the day it was imported;

 (c) if the radiocommunications device was altered or modified in a material respect — the day it was altered or modified.

29 MHz band means the frequency band greater than 29.72 MHz and not exceeding 30 MHz.

36 MHz band means the frequency band greater than 36 MHz and not exceeding 36.6 MHz.

Note   In accordance with paragraph 13(1)(b) of the Legislative Instruments Act 2003, terms used in this Determination have the same meaning as in the Radiocommunications Act 1992, unless the contrary intention appears.  In accordance with section 64 of the Australian Communications and Media Authority Act 2005, terms used in this Determination have the meaning given by the Radiocommunications (Interpretation) Determination 2015, unless the contrary intention appears.

4 Revocation

 The Radiocommunications (Radio-controlled Models) Class Licence 2002 [F2005B00234] is revoked.

5 Class Licence

 (1) Subject to sections 6, 7 and 8, this Class Licence authorises any person to operate a radiocommunications device to control model aircraft, model landcraft or model watercraft.

 (2) In sections 6, 7 and 8, radiocommunications device means a radiocommunications device to which this Class Licence applies.

6 Condition — interference

  The operation of a radiocommunications device under this Class Licence must not cause interference to the operation of radiocommunications services.

7 Conditions — 29 MHz band or 36 MHz band

  The operation of a radiocommunications device that operates in the 29 MHz band or 36 MHz band is subject to the following conditions:

 (a) the radiocommunications device must operate on a carrier frequency in the 29 MHz band or the 36 MHz band, with a maximum EIRP greater than 300 milliwatts and not exceeding 1 watt;

 (b) subject to paragraph (d), if the radiocommunications device is operated on a carrier frequency in the 36 MHz band, it may do so only on a carrier frequency obtained by using the formula:

  where n is a whole number that is at least 1 and does not exceed 30;

 (c) a carrier frequency using the formula specified in paragraph (b) may be used only for operation of a radiocommunications device that is used to control model aircraft or model watercraft;

 (d) if a radiocommunications device is used to control model aircraft on a carrier frequency in the 36 MHz band, it may, in addition to being permitted to operate on a carrier frequency using the formula specified in paragraph (b), be operated on a carrier frequency obtained by using the formula:

  where n is a whole number that is at least 1 and does not exceed 29.

8 Standards

 (1) If the device compliance day for a radiocommunications device occurs on or after the day on which this Class Licence comes into force, the radiocommunications device must comply with any standard applicable to it as in force on that day.

Note 1   If an applicable standard mentioned in this section is amended or replaced by another standard following the device compliance day for the radiocommunications device, the radiocommunications device need not comply with the amended or replaced standard.

Note 2   Section 5 of the Radiocommunications Act 1992 defines standard to mean a standard made under section 162 of the Act.

 (2) If the device compliance day for a radiocommunications device occurs in the period:

 (a) commencing on 7 February 2002; and

 (b) ending immediately before the day on which this Class Licence comes into force;

  the radiocommunications device must comply with any standard applicable to it as in force on that day.

Note 1   If an applicable standard mentioned in this section is amended or replaced by another standard following the device compliance day for the radiocommunications device, the radiocommunications device need not comply with the amended or replaced standard. 

Note 2   Section 5 of the Radiocommunications Act 1992 defines standard to mean a standard made under section 162 of the Act.

Note 3 Subsection 8(2) imposes the same requirement on radiocommunications devices that was imposed on devices by section 8 of the Radiocommunications (Radio-controlled Models) Class Licence 2002.

 

Overview

The Radiocommunications Act 1992, enacted by the Parliament of Australia, addresses the need for efficient and safe use of radio spectrum in Australia. The Act establishes a framework for the regulation of radiocommunications, ensuring that the use of radio spectrum is managed effectively and does not interfere with other communications services. One of the mechanisms introduced under this Act is the issuance of Class Licences to facilitate specific types of radiocommunications activities, such as the operation of radio-controlled models. The Radiocommunications (Radio-controlled Models) Class Licence 2015, issued by the Australian Communications and Media Authority (ACMA) under the Act, aims to provide clear and accessible conditions for the use of radio-controlled models, thereby promoting safe and efficient use of radio spectrum in this context. The policy objective of this Licence is to ensure that the operation of radio-controlled models does not cause interference to other radiocommunications services while providing flexibility and convenience to operators of such devices.

Scope and Application

The Radiocommunications (Radio-controlled Models) Class Licence 2015 issued by the Australian Communications and Media Authority (ACMA) applies to any person operating a radiocommunications device for the control of model aircraft, model landcraft, or model watercraft. This Class Licence is applicable throughout the Commonwealth of Australia and comes into effect on the later of its registration or its publication in the Gazette. The Licence revokes the previous Radiocommunications (Radio-controlled Models) Class Licence 2002. It mandates that the operation of such devices must not cause interference to radiocommunications services and must comply with specified conditions and standards for the 29 MHz and 36 MHz bands. Notably, the Class Licence also stipulates that radiocommunications devices must comply with applicable standards as in force on the device compliance day, which is the most recent of the manufacturing, importation, or material modification dates of the device. The Class Licence may be extended or restricted through subordinate instruments, as per the provisions of the Radiocommunications Act 1992.

Key Provisions

The Radiocommunications (Radio-controlled Models) Class Licence 2015 authorises any person to operate a radiocommunications device to control model aircraft, model landcraft, or model watercraft, subject to certain conditions and requirements (section 5). The operation of such devices must not cause interference to other radiocommunications services (section 6). For devices operating in the 29 MHz band or 36 MHz band, specific technical conditions apply, including a limit on the maximum Effective Isotropic Radiated Power (EIRP) and the use of particular carrier frequencies (section 7). These technical parameters ensure that the devices operate without causing undue interference to other radiocommunications services. The Act imposes several obligations on the parties it governs. Firstly, it requires that the operation of radiocommunications devices must not cause interference to other radiocommunications services (section 6). Secondly, for devices operating in the 29 MHz band or 36 MHz band, the devices must adhere to specified technical conditions, including maximum EIRP limits and permissible carrier frequencies (section 7). Additionally, if the device compliance day falls on or after the date the Class Licence comes into force, the device must comply with applicable standards in force on that date (section 8(1)). If the device compliance day is between 7 February 2002 and the date the Class Licence comes into force, the device must comply with applicable standards in force on that day (section 8(2)). Breach of the conditions set out in the Radiocommunications (Radio-controlled Models) Class Licence 2015 may result in civil and criminal consequences. Although the Act does not specify maximum penalties for breaches of the Class Licence, breaches of the Radiocommunications Act 1992 can result in substantial penalties. For example, contravening certain provisions of the Act can lead to fines of up to $222,200 for individuals and $1,111,000 for bodies corporate, as well as imprisonment terms. The severity of the penalties reflects the importance of adhering to the regulatory requirements to prevent interference with other radiocommunications services.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.