EXPLANATORY STATEMENT
Approved by the Australian Communications and Media Authority
Radiocommunications Act 1992
Radiocommunications (Citizen Band Radio Stations) Class Licence Variation 2026 (No.1)
Authority
The Australian Communications and Media Authority (the ACMA) has made the Radiocommunications (Citizen Band Radio Stations) Class Licence Variation 2026 (No.1) (the instrument) under subsection 132(1) of the Radiocommunications Act 1992 (the Act) and subsection 33(3) of the Acts Interpretation Act 1901 (the AIA).
Subsection 132(1) of the Act provides that the ACMA may, by legislative instrument, issue class licences. A class licence authorises any person to operate a radiocommunications device of a specified kind or for a specified purpose, or of a specified kind for a specified purpose.
Subsection 33(3) of the AIA relevantly provides that where an Act confers a power to make a legislative instrument, the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.
Under subsection 136(1) of the Act, before the ACMA varies a class licence, the ACMA must publish a written notice of the ACMA’s intention to vary the class licence and invite representations from interested persons on the proposed variation. Before making the instrument, the ACMA published a notice under section 136 of the Act on 14 April 2026 on the ACMA’s website and in the Gazette.
Under subsection 136(1A) of the Act, if varying a class licence would affect the spectrum allocated or to be allocated by issuing or re-issuing spectrum licences, before varying the class licence, the ACMA must be satisfied that:
- varying the class licence would not result in unacceptable levels of interference to the operation of radiocommunications devices operated, or likely to be operated, under spectrum licences; and
- varying the class licence would be in the public interest.
The ACMA must also consult with all affected spectrum licensees. However, the instrument does not amend a class licence to authorise the operation of radiocommunications devices in such spectrum, and as such does not affect such spectrum.
Under section 137 of the Act, the ACMA must not issue a class licence that is inconsistent with the Australian Radiofrequency Spectrum Plan (2025 Update) 2021 (the spectrum plan) or a frequency band plan. Subsection 9(2) of the spectrum plan provides that any frequency band in the spectrum plan may be used by a device that operates in accordance with a class licence, which includes the Radiocommunications (Citizen Band Radio Stations) Class Licence 2025 (the CB class licence), as varied by the instrument. Subsection 9(5) of the Radiocommunications (Australian Radio Quiet Zone Western Australia) Frequency Band Plan 2023 provides that the frequency bands covered by that instrument may be used for services provided under, and in accordance with, the conditions of a class licence, which includes the CB class licence as varied by the instrument.
Purpose and operation of the instrument
The CB class licence authorises the operation of citizen band (CB) radios (referred to as CB stations in the CB class licence). CB radios are two-way radiocommunications devices used for both personal and business purposes.
The instrument varies the CB class licence to:
- correct errors of a technical nature involving 2 proposals on which the ACMA had consulted previously; and
- correct a typographical error.
In June and July 2025, the ACMA consulted on proposed changes to CB licensing arrangements and the sunsetting of the Radiocommunications (Citizen Band Radio Stations) Class Licence 2015. The proposed changes included:
- authorising the use of frequency modulation in the high frequency (HF) band; and
- removing the requirement to initiate contact on 3 specific channels (HF channels 11 and 16, and ultra high frequency (UHF) channel 11).
The instrument gives effect to those 2 proposals.
The third change is to correct a typographical error in item 6 in Part 3 of Schedule 1 to the CB class licence.
It is generally a requirement of the Act that the operation of all radiocommunications devices within Australia be authorised by a radiocommunications licence.
A class licence is one kind of licence available to authorise the operation of radiocommunications devices. It is an effective and efficient means of spectrum management for services where a limited set of common frequencies is employed, and equipment is operated under a common set of conditions. Such a licence is not issued to an individual user of a device, and no licence fees are payable. Rather, the ACMA issues class licences as legislative instruments, which are registered on the Federal Register of Legislation.
A class licence sets out the conditions under which any person is permitted to operate any device to which the particular class licence applies. Operation of a radiocommunications device is not authorised by a class licence if it is not in accordance with the conditions of the licence (subsection 132(3) of the Act).
Under section 46 of the Act, it is an offence, and subject to a civil penalty, to operate a radiocommunications device otherwise than as authorised by a spectrum licence, apparatus licence or class licence. The Act prescribes the following maximum criminal penalties for a contravention of section 46:
- if the radiocommunications device is a radiocommunications transmitter, and the offender is an individual – imprisonment for 2 years;
- if the radiocommunications device is a radiocommunications transmitter, and the offender is not an individual – 1,500 penalty units (which is $546,000 based on the current penalty unit amount of $364);
- if the radiocommunications device is not a radiocommunications transmitter – 20 penalty units ($7,280).
The Act prescribes the following maximum civil penalties:
- if the radiocommunications device is a radiocommunications transmitter – 300 penalty units ($109,200);
- if the radiocommunications device is not a radiocommunications transmitter – 20 penalty units ($7,280).
It is an offence, and subject to a civil penalty, to possess a radiocommunications device for the purpose of operating the device otherwise than as authorised by a spectrum licence, apparatus licence or class licence (section 47 of the Act). The Act prescribes the same penalties for a contravention of section 47 as those specified for section 46.
A provision-by-provision description of the instrument is set out in the notes at Attachment A.
The instrument is a legislative instrument for the purposes of the Legislation Act 2003 (the LA) and is disallowable. The CB class licence is subject to the sunsetting provisions of the LA.
Documents incorporated by reference
The instrument does not incorporate any documents by reference.
Consultation
Before the instrument was made, the ACMA was satisfied that the consultation undertaken was appropriate and reasonably practicable, in accordance with section 17 of the LA.
Section 136 of the Act requires that, before varying a class licence, the ACMA must cause to be published a written notice outlining the details of the proposed variation and invite interested persons to make representations about it. The notice must be published on the ACMA’s website and in one or more other forms that are readily accessible to the public. The notice must allow for a period of at least one month to be provided for public comment.
On 14 April 2026, the ACMA published a draft of the instrument and explanatory text on its website to explain the reason for the proposed variation, together with a written notice required under subsection 136(1) of the Act. A Gazette notice was also published on the Federal Register of Legislation on the same day. Consultations closed on 27 May 2026.
The ACMA received one submission, which was in favour of the proposed variation.
Statement of compatibility with human rights
Subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011 requires the rule-maker in relation to a legislative instrument to which section 42 (disallowance) of the LA applies to cause a statement of compatibility with human rights to be prepared in respect of that legislative instrument.
The statement of compatibility with human rights set out below has been prepared to meet that requirement.
Overview of the instrument
The instrument varies the CB class licence to correct errors identified in the class licence to give effect to 2 proposals on which the ACMA had consulted in June and July 2025. The proposals were:
- authorising the use of frequency modulation in the HF band
- removing the requirement to initiate contact on 3 specific channels (HF channels 11 and 16 and UHF channel 11).
The instrument also corrects a typographical error in Schedule 1 to the CB class licence.
Human rights implications
The ACMA has assessed whether the instrument is compatible with human rights, being the rights and freedoms recognised or declared by the international instruments listed in subsection 3(1) of the Human Rights (Parliamentary Scrutiny) Act 2011.
Having considered the likely impact of the instrument which merely corrects errors identified in the CB class licence, and the nature of the applicable rights and freedoms, the ACMA has formed the view that the instrument does not engage any of those rights or freedoms.
Conclusion
The instrument is compatible with human rights as it does not raise any human rights issues.
Attachment A
Notes to the Radiocommunications (Citizen Band Radio Stations) Class Licence Variation 2026 (No.1)
Section 1 Name
This section provides for the instrument to be cited as the Radiocommunications (Citizen Band Radio Stations) Class Licence Variation 2026 (No.1).
Section 2 Commencement
This section provides for the instrument to commence at the start of the day after the day it is registered on the Federal Register of Legislation.
The Federal Register of Legislation may be accessed free of charge at www.legislation.gov.au.
Section 3 Authority
This section identifies the provision of the Act that authorises the making of the instrument, namely subsection 132(1) of the Act.
Section 4 Variations
This section provides that the CB class licence is varied as set out in Schedule 1 to the instrument.
Schedule 1–Variations
Radiocommunications (Citizen Band Radio Stations) Class Licence 2025 (F2025L01088)
Item 1
Item 1 repeals a note in subsection 7(1) of the CB class licence. The note specified 3 preferable channels for use in an emergency if the 3 channels specified in subsection 7(1) were not accessible. It was a historical requirement that a CB radio operator initiate contact on one of the 3 preferable channels. As the CB class licence does not include this requirement, the note is removed.
Item 2
Item 2 effectively repeals a historical restriction that applied to HF channel 11, which is no longer intended to apply. This is so that the same modulation types may be used on any channel in the HF band (3 MHz to 30 MHz).
Item 3
Item 3 effectively repeals a historical restriction that applied to HF channel 16, which is no longer intended to apply. This is for the same reason as the change specified in item 2.
Item 4
Item 4 corrects a typographical error so that the item numbers specified (sub-items 56 to 71) refer to the intended channels.