Radiocommunications (27 MHz Handphone Stations) Class Licence 2015

Radiocommunications (27 MHz Handphone Stations) Class Licence 2015

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

Dated   4th September 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 (27 MHz Handphone Stations) Class Licence 2015.

2 Commencement

  This Class Licence commences on the later of:

(a) the day of its gazettal; or

(b) the day after it is registered.

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.comlaw.gov.au.

Note 2 Both of the events specified at paragraphs (a) and (b) must occur before the Class Licence can commence.

3 Definitions

 (1) In this Class Licence:

Act means the Radiocommunications Act 1992.

device compliance day, for a handphone station, means the most recent of the following days:

 (a) if the handphone station was manufactured in Australia — the day the handphone station was manufactured;

 (b) if the handphone station was manufactured overseas and imported — the day it was imported;

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

handphone station means a station that:

 (a) is designed to be carried personally; and

 (b) uses a carrier frequency specified in an item in Schedule 1.

  industrial, scientific and medical (ISM) applications  has the meaning given by the Australian Radiofrequency Spectrum Plan 2013.

Note   For definitions of other expressions used in this Class Licence, see the Act, and the Radiocommunications (Interpretation) Determination 2015.

(2) In this Class Licence, unless the contrary intention appears, a reference to another legislative instrument is a reference to that other legislative instrument as in force from time to time.

Note 1 For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislative Instruments Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.

Note 2 All Commonwealth Acts and legislative instruments are available on the ComLaw website at http://www.comlaw.gov.au.

4 Revocation

The Radiocommunications (27 MHz Handphone Stations) Class Licence 2002 [F2005B00237] is revoked.

5 Class licence

  Subject to sections 6, 7 and 8 a person may operate a handphone station that transmits speech to, or audio tones to initiate communication with, another handphone station:

 (a) on a carrier frequency specified in an item in Schedule 1; and

 (b) subject to any restriction specified for that item in Schedule 1.

6 Conditions — general

  A person must not:

 (a) when operating on a carrier frequency specified in item 2 of Schedule 1 — cause interference to a station to which the Radiocommunications (Citizen Band Radio Stations) Class Licence 2015 applies; or

 (b) operate a handphone station that was manufactured on or after 2 March 1989 on a carrier frequency specified in item 2 of Schedule 1; or

 (c) operate a handphone station unless it is equipped with an antenna that is an integral part of the handphone station; or

 (d) connect or couple to the handphone station:

 (i) a separate antenna; or

 (ii) a combination of an external radiofrequency amplifier and antenna; or

 (e) if a handphone station transmits in a form other than speech — transmit for more than 3 seconds in any period of 60 seconds; or

 (f) make an alteration to a handphone station, or to accessory apparatus used in the operation of the handphone station, that is likely to cause interference to radiocommunications, except:

 (i) in accordance with a direction given under subparagraph 7 (2) (a) (i); or

 (ii) with the consent in writing of an inspector who is reasonably satisfied that the alteration has been made to test the operation of the handphone station; or

 (g) operate a handphone station:

 (i) in a way that would be likely to cause a reasonable person, justifiably in all the circumstances, to be seriously alarmed or seriously affronted; or

 (ii) for the purpose of harassing a person; or

 (h) fail to comply with a direction given under section 7.

7 Directions

 (1) A person must comply with a direction that:

 (a) relates to the operation of a handphone station by the person; and

 (b) is given to the person by a person referred to in subsection (3); and

 (c) is described in subsection (4).

 (2) A person must comply with a direction that:

 (a) relates to interference to radiocommunications that:

 (i) is likely to be caused by the alteration, installation or maintenance of a handphone station, or of accessory apparatus for use with a handphone station, by the person; or

 (ii) is, or is likely to be, caused by the operation of a handphone station by the person; and

 (b) is given to the person in writing by an inspector.

 (3) For paragraph (1) (b), a direction may be given by any of the following persons who is acting in the performance of their duties:

 (a) a member of the Australian Federal Police;

 (b) a member of the police force of a State or Territory;

 (c) an officer of the Defence Force;

 (d) an officer of the Australian Maritime Safety Authority who is employed in the Authority’s Rescue Coordination Centre;

 (e) an officer mentioned in Schedule 2 to the Radiocommunications Regulations 1993.

 (4) A direction given to a person under subsection (1) must be reasonably necessary to:

 (a) secure the safety of an aircraft or a vessel that is in danger; or

 (b) deal with an emergency that involves a serious threat to the environment; or

 (c) deal with an emergency that involves the risk of death of, or injury to, a person; or

 (d) deal with an emergency that involves the risk of substantial damage to, or substantial loss of, property.

8 Standards

  A handphone station must comply with any applicable standard as in force on the relevant device compliance day.             

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

Schedule 1 Handphone station operational requirements

(sections 3, 5 and 6)