Notice under subsection 136(1) of the Radiocommunications Act 1992

Overview

The Radiocommunications Act 1992 was enacted to establish a regulatory framework governing the use of radiocommunications in Australia. This Act was introduced to address the need for a cohesive and structured approach to the allocation and use of radio frequencies, ensuring that these vital resources are efficiently managed to meet the growing demands of various sectors including broadcasting, telecommunications, and emergency services. The Act was enacted by the Parliament of Australia, aiming to facilitate orderly and effective radiocommunications while protecting public interest and ensuring technological advancement. The policy objective of the Act is to provide clear regulatory guidelines that support innovation and competition in the radiocommunications sector while safeguarding the spectrum for public use. The Australian Communications and Media Authority (ACMA), established under this Act, is responsible for the administration and enforcement of the radiocommunications licensing regime. This includes the management of citizen band radio stations, which are subject to the Radiocommunications (Citizen Band Radio Stations) Class Licence 2025. Recently, ACMA has proposed minor variations to this class licence through the draft Radiocommunications (Citizen Band Radio Stations) Class Licence Variation 2026 (No. 1), seeking to refine the operational conditions for citizen band radio stations. The proposed changes aim to update technical specifications, correct administrative errors, and streamline licensing conditions to better align with current practices and technological capabilities. The ACMA is inviting public consultation on these proposed changes to ensure that the updated regulations meet the needs of all stakeholders involved.

Scope and Application

The Australian Communications and Media Authority (ACMA) has issued a notice under the Radiocommunications Act 1992, proposing to vary the Radiocommunications (Citizen Band Radio Stations) Class Licence 2025 by introducing the draft Radiocommunications (Citizen Band Radio Stations) Class Licence Variation 2026 (No. 1). This proposed variation is aimed at making three minor changes to the existing class licence, which authorises the operation of citizen band radio stations on shared frequencies under certain conditions. The changes include removing a note that refers to an outdated requirement to initiate contact on specific channels, updating restrictions to permit the use of frequency modulation in the high frequency band, and correcting a typographical error in the list of UHF CB repeater channels. These modifications are intended to align the class licence with current operational standards and correct an error, without fundamentally altering the scope or intent of the original licence. The proposed changes are applicable to any person or entity operating a citizen band radio station under the existing CB class licence, which means this variation will affect all radio stations operating within the parameters set by the current class licence. The geographic reach of this Act is national, applying across Australia. The Act does not specify any exclusions or thresholds for its application, meaning all operators under the class licence will need to comply with the changes once implemented. The ACMA encourages interested parties to submit their representations regarding the proposed variation by 27 May 2026, providing an opportunity for public input before the final decision is made.

Key Provisions

The Australian Communications and Media Authority (ACMA) has proposed variations to the Radiocommunications (Citizen Band Radio Stations) Class Licence 2025 under the Radiocommunications Act 1992 (the Act) and the Acts Interpretation Act 1901. The proposed changes, detailed in the draft Radiocommunications (Citizen Band Radio Stations) Class Licence Variation 2026 (No. 1), aim to address several technical and operational aspects of the existing class licence. Specifically, the draft Instrument seeks to remove Note 3 in subsection 7(1) of the CB class licence, replace the restrictions specified in table items 1 and 2 in Part 1 of Schedule 1 with those in table item 3, and correct a typographical error in table item 6 in Part 3 of Schedule 1. These changes are intended to allow the use of frequency modulation in the HF band, remove outdated channel initiation requirements, and correct a typographical error in the UHF CB repeater channels. The draft Instrument imposes certain obligations and requirements on the parties governed by the CB class licence. Firstly, the removal of Note 3 in subsection 7(1) signifies that frequency modulation will now be permitted in the HF band, which may require operators to adjust their equipment to comply with the new conditions. Secondly, the replacement of restrictions in table items 1 and 2 with those in table item 3 will necessitate operators to adhere to the new operational restrictions specified in the draft Instrument. Lastly, the correction of the typographical error in table item 6 will ensure that the correct UHF CB repeater channels are referenced, thus avoiding any potential operational confusion. Failure to comply with the conditions set out in the proposed draft Instrument could result in various consequences. Under the Radiocommunications Act 1992, non-compliance may lead to civil and criminal penalties. Civil penalties may include fines up to a maximum of $22,200 for individuals and $111,000 for corporations, as stipulated in section 312 of the Act. Additionally, criminal penalties may apply, with a maximum penalty of $222,000 for individuals and $1,110,000 for corporations, as outlined in section 313 of the Act. The ACMA may also take enforcement actions, such as issuing infringement notices or seeking court orders to enforce compliance.