Radiocommunications (Cellular Mobile Telecommunications Devices) Class Licence 2014

Radiocommunications (Cellular Mobile Telecommunications Devices) Class Licence 2014

made under subsection 132(1) of the

Radiocommunications Act 1992

Compilation No. 1

Compilation date:    17 June 2021

Includes amendments up to: F2021L00734

Prepared by the Australian Communications and Media Authority, Melbourne

About this compilation

This compilation

This is a compilation of the Radiocommunications (Cellular Mobile Telecommunications Devices) Class Licence 2014 that shows the text of the law as amended and in force on 17 June 2021 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law.  Any uncommenced amendments affecting the law are accessible on the Federal Register of Legislation (www.legislation.gov.au).  The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes.  For more information on any uncommenced amendments, see the series page on the Federal Register of Legislation for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law.  Accordingly, this compilation does not show the text of the compiled law as modified.  For more information on any modifications, see the series page on the Federal Register of Legislation for the compiled law.

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Part 1 Introductory

1 Name of Class Licence

  This Class Licence is the Radiocommunications (Cellular Mobile Telecommunications Devices) Class Licence 2014.

3 Definitions

  In this Class Licence, unless the context otherwise requires:

Act means the Radiocommunications Act 1992.

ARPANSA Standard means the Radiation Protection Standard for Limiting Exposure to Radiofrequency Fields – 100 kHz to 300 GHz (2021), or any standard published as a replacement of that standard, by the Australian Radiation Protection and Nuclear Safety Agency.

Note: The ARPANSA Standard is available from the Australian Radiation Protection and Nuclear Safety Agency website at www.arpansa.gov.au.

device compliance day, for a radiocommunications device to which this Class Licence applies, means the most recent of the following days:

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

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

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

licensed apparatus means a station in relation to which an apparatus licence is in force.

technical specification means a document mentioned in Schedule 1 of this Class Licence.

Note   For definitions of other expressions used in this Class Licence, see the Act, the Radiocommunications Regulations 1993 and the Radiocommunications (Interpretation) Determination 2000.

3A References to other instruments

 In this Class Licence, unless the contrary intention appears:

 (a) a reference to any other legislative instrument is a reference to that other legislative instrument as in force from time to time; and

 (b) a reference to any other kind of instrument or writing is a reference to that other instrument or writing as in force or in existence 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 Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.

Note 2: All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.

Note 3: See section 314A of the Act.

Part 2 Application of Class Licence

5 Radiocommunications devices affected

 (1) Subject to subsection (2), a station is in the class of radiocommunications devices to which this Class Licence applies if:

  (a) the station is not in an aircraft that is in the air; and

  (b)  the station communicates with a station authorised under a PTS licence.

 (2) The class of radiocommunications devices to which this Class Licence applies does not include a licensed apparatus authorised to operate for a purpose that is substantially the same as the purpose for which, except for this subsection, its operation would be authorised by this Class Licence.

 (3) This Class Licence authorises the operation of a station where:

(a) the station is in an aircraft that is in the air; and

(b) the operation of the station is to communicate only with a station that is:

(i)             on board the aircraft; and

(ii)           authorised by a PTS licence.

Note 1   Under the PTS licence, the station on board the aircraft will only be permitted to operate at a minimum height above ground level as provided in the conditions specified in the licence pursuant to paragraph 107(1)(g) of the Act. Accordingly, the stations authorised by subsection (3) must not be used below those altitudes.

Note 2   Under regulation 309A of the Civil Aviation Regulations 1988, the operator, or pilot in command, of an Australian aircraft may give an instruction, prohibiting or limiting the doing of an act on board the aircraft during flight time in the aircraft. This may include instructions relating to the operation of devices otherwise authorised by this Class Licence.

6 Authorised frequencies

 (1) A radiocommunications device to which this Class Licence applies must be operated only on the frequencies assigned to the station authorised under a PTS licence with which it communicates.

 (2) The radiocommunications device must transmit only on a frequency on which the station authorised under a PTS licence is authorised to receive.

 (3) The radiocommunications device must receive only on a frequency on which the station authorised under a PTS licence is authorised to transmit.

7 Conditions — interference with other communications

  The operation of a radiocommunications device to which this Class Licence applies must not cause interference to a radiocommunications service.

Note 1   Section 197 of the Act imposes a penalty for knowingly or recklessly doing any act or thing likely to:

(a) interfere substantially with radiocommunications; or

(b) otherwise substantially disrupt or disturb radiocommunications

Note 2   A radiocommunications device to which this Class Licence applies will not be afforded protection from interference caused by other radiocommunications services.

8 Conditions —technical specifications applying before commencement of Radiocommunications (Cellular Mobile Telecommunications Devices) Class Licence Variation 2009 (No. 1)

 (1) This section applies to a radiocommunications device to which this Class Licence applies if the device compliance day for the device occurs before 11 February 2009.

 (2) The device must comply with each of the technical specifications mentioned in Schedule 1 that:

 (a) applies to the device; and

(b) was published most recently before the device compliance day for the device.

Note   Some of the technical specifications mentioned in Schedule 1 were published on the same day. The device may be required to comply with each of the specifications.

8A Conditions applying after commencement of Radiocommunications (Cellular Mobile Telecommunications Devices) Class Licence Variation 2009 (No. 1)

 (1) This section applies to a radiocommunications device to which this Class Licence applies if the device compliance day for the device occurs on or after 11 February 2009.

 (2) The device must comply with each requirement of an instrument made under subsection 407 (1) of the Telecommunications Act 1997 that applies to the device on the device compliance day.

 (3) The supplier of the device must have complied with each requirement of an instrument made under subsection 407 (1) of the Telecommunications Act 1997 that applies to the supplier in respect of the device on the device compliance day.

Note   To comply with the conditions in section 8A, the device or its packaging must be labelled by the supplier in accordance with an instrument made under subsection 407 (1) of the Telecommunications Act 1997. The instrument may provide for circumstances in which the instrument does not apply.

9 Conditions — compliance with standards and equipment rules

 (1) A person must not operate a radiocommunications device under this Class Licence unless the device complies with:

(a) if the device compliance day for the device occurs on or after 1 March 2003 but before the commencement of Part 1 of Schedule 4 to the Radiocommunications Legislation Amendment (Reform and Modernisation) Act 2020 – any standard applicable to it, as in force on the device compliance day;

(b) if the device compliance day for the device occurs on or after the day Part 1 of Schedule 4 to the Radiocommunications Legislation Amendment (Reform and Modernisation) Act 2020 commenced – any equipment rules applicable to it, as in force on the device compliance day.

 (2) A person must not operate a radiocommunications device, or a group of radiocommunications devices, under this Class Licence if the electromagnetic energy emitted by the device, or group of devices, exceeds the general public exposure limits specified in the ARPANSA Standard in a place accessible by the public.

 (3) In paragraph (1)(a), standard has the meaning given by section 5 of the Act, as in force immediately before the commencement of Part 1 of Schedule 4 to the Radiocommunications Legislation Amendment (Reform and Modernisation) Act 2020.

Note: Part 1 of Schedule 4 to the Radiocommunications Legislation Amendment (Reform and Modernisation) Act 2020 replaces standards with equipment rules. See also item 42 of that Schedule.

Schedule 1 Technical specifications

(section 8)

Endnotes

Endnote 1 – About the endnotes

The endnotes provide information about this compilation and the compiled law.

Endnote 2 (Abbreviation key) sets out abbreviations that may be used in the endnotes.

Endnote 3 (Legislation history) provides information about each law that has amended (or will amend) the compiled law.  The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

Endnote 4 (Amendment history) provides information about the amendments at the provision (generally section or equivalent) level and includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law. 

It also includes information about any misdescribed amendment (that is, an amendment that does not accurately describe the amendment to be made).  If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.  If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history