Radiocommunications Licence Conditions (Aeronautical Licence) Determination 2025

EXPLANATORY STATEMENT

Approved by the Australian Communications and Media Authority

Radiocommunications Act 1992

Authority

The Australian Communications and Media Authority (the ACMA) has made the Radiocommunications Licence Conditions (Aeronautical Licence) Determination 2025 (the Aeronautical Licence Determination) under subsection 110A(2) of the Radiocommunications Act 1992 (the Act) and subsection 33(3) of the Acts Interpretation Act 1901 (the AIA).

Subsection 110A(2) of the Act provides that the ACMA may, by legislative instrument, determine that each apparatus licence included in a specified class of apparatus licences is taken to include one or more specified conditions.

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.

Purpose and operation of the instrument

The Aeronautical Licence Determination specifies the conditions that apply to all aeronautical licences. An aeronautical licence is an apparatus licence issued for a station that is not fixed to an aircraft and that is operated on aeronautical frequencies for purposes relating to the operation of an aircraft or airport or aerodrome operations, such as stations operated for air traffic control services or aerodrome radio information services. In relation to an aircraft, it includes a mobile station operated on board the aircraft or on the ground in communication with the aircraft. The conditions imposed include the type of communications permitted, with whom the operator of the station is permitted to communicate, call sign usage and operator qualifications. Several of these conditions support requirements arising from standards and practices established by the International Civil Aviation Organization, and by the Aeronautical Information Publication (AIP) published by Airservices Australia, which includes regulations, procedures and other information pertinent to the conduct of flight in Australia. The conditions are applied to ensure that users are able to communicate effectively with minimum radiocommunications interference.

The Aeronautical Licence Determination revokes and replaces the Radiocommunications Licence Conditions (Aeronautical Licence) Determination 2015 (the 2015 Determination) without making any significant changes to the regulatory arrangements created by the 2015 Determination.

The ACMA has made the Aeronautical Licence Determination because the 2015 Determination was due to ‘sunset’ (that is, to be automatically repealed) on 1 October 2025 under Part 4 of Chapter 3 of the Legislation Act 2003 (the LA). Following a review, informed by a public consultation process described below, the ACMA formed the view that the 2015 Determination was operating effectively and efficiently, and continued to form a necessary and useful part of the legislative framework. Accordingly, the ACMA has remade the 2015 Determination by making the Aeronautical Licence Determination, without any significant changes, so that its on-going effect is preserved.

Generally, the changes to the 2015 Determination that have been included in the Aeronautical Licence Determination fall into one of the following groups:

New definitions have been incorporated and existing definitions revised, to align with the AIP and related legislation.
The condition in section 7A of the 2015 Determination has been amended following advice from the Civil Aviation Safety Authority (CASA). The amendments relate to changes to legislation dealing with CASA, and clarify existing qualification obligations.
To avoid duplication of compliance requirements already imposed by the Act and the Radiocommunications Equipment (General) Rules 2021, section 5 of the 2015 Determination has been omitted.

Operation of a radiocommunications device is not authorised by an apparatus licence (including an aeronautical licence) if it is not in accordance with the conditions of the licence (subsection 97(4) 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 a class licence. The Act prescribes the following maximum penalties for the offence:

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 $495,000 based on the current penalty unit amount of $330);
if the radiocommunications device is not a radiocommunications transmitter – 20 penalty units ($6,600).

The Act prescribes the following maximum civil penalties:

if the radiocommunications device is a radiocommunications transmitter – 300 penalty units ($99,000);
if the radiocommunications device is not a radiocommunications transmitter – 20 penalty units ($6,600).

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 this offence and civil penalty contravention as for the offence and civil penalty contravention in section 46.

In addition, an apparatus licensee, or a person authorised under section 114 of the Act in relation to an apparatus licence, must not contravene a condition of the licence. Contravention is subject to a civil penalty (section 113 of the Act). The Act prescribes a maximum civil penalty of 100 penalty units ($33,000).

A provision-by-provision description of the Aeronautical Licence Determination is set out in the notes at Attachment A.

The Aeronautical Licence Determination is a legislative instrument for the purposes of the LA, and is disallowable. The Aeronautical Licence Determination is subject to the sunsetting provisions in Part 4 of Chapter 3 of the LA.

Documents incorporated by reference

Subsection 314A(1) of the Act provides that an instrument under the Act may make provision in relation to a matter by applying, adopting or incorporating (with or without modifications) provisions of any Act as in force at a particular time, or from time to time. Subsection 314A(2) of the Act provides that an instrument under the Act may make provision in relation to a matter by applying, adopting or incorporating (with or without modifications) matter contained in any other instrument or writing as in force or existing at a particular time, or from time to time.

The Aeronautical Licence Determination incorporates all or part of the following Acts and legislative instruments, as in force from time to time:

Civil Aviation Regulations 1988 (the CAR);
Civil Aviation Safety Regulations 1998 (the CASR);
the Civil Aviation Orders made by CASA under the Civil Aviation Act 1988 (the CAA) and the CAR;
the Manuals of Standards made by CASA under the CASR, including Part 139 (Aerodromes) Manual of Standards 2019.

Each of these Acts and legislative instruments is available, free of charge, from the Federal Register of Legislation at www.legislation.gov.au.

The Aeronautical Licence Determination incorporates part of the AIP, as existing from time to time. The AIP is available, free of charge, from Airservices Australia’s website at www.airservicesaustralia.com.

Consultation

Before the Aeronautical Licence Determination was made, the ACMA was satisfied that consultation was undertaken to the extent appropriate and reasonably practicable, in accordance with section 17 of the LA.

The ACMA published a draft of the Aeronautical Licence Determination and an accompanying consultation paper on the ACMA website on 14 April 2025 for a period of 6 weeks. The consultation paper invited comments on the proposed draft of the Aeronautical Licence Determination. The ACMA used its bulletin subscription service to notify interested stakeholders and the public about the publication. Airservices Australia (Airservices) and CASA were advised of the publication directly.

The ACMA received 1 submission in response to the consultation paper from Airservices, which supported making the Aeronautical Licence Determination as proposed with minor amendments. The ACMA collaborated with both Airservices and CASA during the post-consultation period to ensure the Aeronautical Licence Determination is fit for purpose and relevant to industry. During post-consultation engagement, amendments from both Airservices and CASA that clarified legislative references and the operational use of call signs were made to the Aeronautical Licence Determination.

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 at Attachment B has been prepared to meet that requirement.

Attachment A

Notes to the Radiocommunications Licence Conditions (Aeronautical Licence) Determination 2025

Section 1 Name

This section provides for the Aeronautical Licence Determination to be cited as the Radiocommunications Licence Conditions (Aeronautical Licence) Determination 2025.

Section 2 Commencement

This section provides for the Aeronautical Licence Determination 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 Aeronautical Licence Determination, namely subsection 110A(2) of the Act.

Section 4 Repeal

This section provides that the 2015 Determination is repealed.

Section 5 Interpretation

This section defines a number of key terms used throughout the Aeronautical Licence Determination. A number of other expressions used in the instrument are defined in the Act or by a determination made under subsection 64(1) of the Australian Communications and Media Authority Act 2005.

This section also provides that unless the contrary intention appears, no condition imposed by the Aeronautical Licence Determination limits any other condition so imposed.

Section 6 Reference to other instruments

This section provides that in the Aeronautical Licence Determination, unless the contrary intention appears:

a reference to any other legislative instrument is a reference to that other legislative instrument as in force from time to time; and
a reference to any other kind of instrument is a reference to that other instrument or writing as in force, or existing, from time to time.

Section 7 Application of conditions

Section 7 provides that every aeronautical licence is subject to the conditions of the Aeronautical Licence Determination, except when a condition is specified in the licence under paragraph 107(1)(g) of the Act or imposed on the licence under paragraph 111(1)(a) of the Act and is inconsistent with a condition of the Aeronautical Licence Determination.

However, the condition in section 11 will continue to apply in full, even if a condition is specified in paragraph 107(1)(g) or imposed under paragraph 111(1)(a) of the Act. An aeronautical licence will specify in a condition under those paragraphs the frequencies on which a radiocommunications transmitter may be operated. Section 11 of the Aeronautical Licence Determination specifies additional frequencies for use in particular circumstances, and these are not intended to be limited by the specification of frequencies in the licence itself.

Section 8 Condition – communication between aeronautical assigned system stations

Section 8 provides that an aeronautical assigned system station must be operated to allow communications between aeronautical stations only in relation to specified matters. The section also specifies that this condition does not apply to aeronautical stations operated by Airservices or CASA, or to any licensee that operates an aeronautical station providing UNICOM or Certified Air/Ground Radio services. A Certified Air/Ground Radio Service is an aerodrome-based radio information service.

Section 9 Condition – operator qualifications

Section 9 provides that a person must not operate an aeronautical assigned system station unless the person has been granted a licence, permission, or qualification (however described) as required to operate the station under one of the following:

the CAR;
the CASR;
a Manual of Standards;
a Civil Aviation Order.

Section 10 Condition – use of a call sign

Section 10 requires a person operating an aeronautical assigned system station to identify the station using the call sign specified in the licence for the station or specified in the AIP, or by another form of identification that clearly identifies the station. The AIP is available, free of charge, from Airservices’s website at www.airservicesaustralia.com.

Section 11 Condition – additional frequencies for search and rescue

Section 11 specifies certain frequencies that may be used by a person operating an aeronautical assigned system station for the purpose of search and rescue, regardless of the frequencies specified in the relevant licence.

Attachment B

Statement of compatibility with human rights

Prepared by the Australian Communications and Media Authority under subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011

Radiocommunications Licence Conditions (Aeronautical Licence) Determination 2025

Overview of the instrument

An aeronautical licence is an apparatus licence issued for a station that is not fixed to an aircraft and that is operated on aeronautical frequencies for purposes relating to the operation of an aircraft or airport or aerodrome operations, such as stations operated for air traffic control services or aerodrome radio information services. In relation to an aircraft, it includes a mobile station operated on board the aircraft or on the ground in communication with the aircraft. The conditions imposed include the type of communications permitted, with whom the operator of the station is permitted to communicate, call sign usage and operator qualifications. Several of these conditions support requirements arising from standards and practices established by the International Civil Aviation Organization, and by the Aeronautical Information Publication (AIP) published by Airservices Australia, which includes regulations, procedures and other information pertinent to the conduct of flight in Australia. The conditions are applied to ensure that users are able to communicate effectively with minimum radiocommunications interference. Compliance with the conditions imposed by the Aeronautical Licence Determination helps maintain the safety and integrity of Australia’s aviation communication systems.

Human rights implications

The ACMA has assessed whether the Aeronautical Licence Determination is compatible with human rights and freedoms recognised or declared by the international instruments listed in subsection 3(1) of the Human Rights (Parliamentary Scrutiny) Act 2011 as they apply to Australia.

Article 19 of the International Covenant on Civil and Political Rights provides:

Everyone shall have the right to hold opinions without interference.
Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.
The exercise of the rights provided in paragraph 2 of this article carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as provided by law and are necessary,
1. For respect of the rights or reputations of others;
2. For the protection of national security or of public order (ordre public), or public health or morals.

Having considered the likely impact of the instrument and the nature of the applicable rights and freedoms, the ACMA has formed the view that the Aeronautical Licence Determination engages the right to freedom of expression. This is because the Aeronautical Licence Determination specifies the conditions that apply to communications from stations operated under aeronautical licences, which include restrictions on the type of communications and operating frequencies permitted, and requirements for call sign usage and operator qualifications. These provisions engage the right to freedom of expression as they relate to seeking, imparting and receiving information using a station under an aeronautical licence.

The objective of the Aeronautical Licence Determination is to ensure the integrity of the apparatus licence system, specifically by preventing a person who does not meet specified criteria from being authorised to operate a station under an aeronautical licence, and by confining the use of such stations to specific purposes related to the safety and use of aircraft. Meeting this objective serves to ensure that there is a low risk of interference to communications to and from aircraft, which is vital to ensuring aeronautical safety.

As such, the ACMA has formed the view that the restrictions imposed are permissible because they achieve a legitimate objective mentioned in Article 19 of the International Covenant on Civil and Political Rights, namely air safety. The conditions of the Aeronautical Licence Determination are proportionate because they are limited to the operation of a station under licence and are relevant to maintaining safety of flights in Australia. The restrictions imposed by the Aeronautical Licence Determination are reasonably connected to this safety objective because they limit communications from aeronautical stations to ensure interference from multiple users is minimised. If the Aeronautical Licence Determination did not exist, there would be an increased risk of interference to stations that operate under aeronautical licences for purposes such as air-traffic control, airport fire or maintenance services, and other radiocommunications services. Subsequently, this would reduce aeronautical safety and negatively impact other aviation services.

Conclusion

The Aeronautical Licence Determination is compatible with human rights because the restriction on the freedom of expression is for a legitimate purpose and is reasonable and proportionate to ensure that the integrity of the apparatus licence system is preserved.

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

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