EXPLANATORY STATEMENT
Issued by the authority of the Australian Communications and Media Authority
Radiocommunications Licence Conditions (Aircraft Licence) Determination 2011 (No. 1)
Radiocommunications Act 1992
Purpose
The Radiocommunications Licence Conditions (Aircraft Licence) Determination 2011 (No. 1) (the Determination) revokes and replaces the Radiocommunications Licence Conditions (Aircraft Licence) Determination No. 1 of 1997.
Legislative Provisions
Paragraph 107(1)(f) of the Radiocommunications Act 1992 (the Act) allows the Australian Communications and Media Authority (the ACMA) to determine, by written instrument, conditions applicable to particular types of apparatus licences.
The operation of radiocommunications equipment authorised by an apparatus licence is subject to:
- conditions specified in the Act, including an obligation to comply with the Act;
- a condition that any radiocommunications device operated under the licence must comply with all the standards applicable to it;
- applicable conditions specified in the Radiocommunications Licence Conditions (Apparatus Licence) Determination 2003 and any other determinations made by ACMA under paragraph 107(1)(f) of the Act;
- conditions specified in the licence; and
- any further conditions imposed by ACMA under section 111 of the Act.
Under paragraph 107(1)(f) of the Act, the ACMA may determine, by written instrument, conditions relating to a particular type of apparatus licence. These instruments are known as Licence Conditions Determinations (LCDs). LCDs contain the generic conditions particular to various radiocommunications licence types and licensing options, including details of any common frequencies or frequency bands, permitted power levels, type of communications permitted, persons with whom the licensee is permitted to communicate, callsign usage and any other relevant transmission parameters. Relevantly, conditions are included in the Radiocommunications Licence Conditions (Apparatus Licence) Determination 2003 and the Determination.
Any other conditions which apply to an individual licence but are not included in the LCD, are printed on the licence under the heading ‘Special Conditions’.
A determination made under paragraph 107(1)(f) is a disallowable instrument for the purposes of the Legislative Instruments Act 2003.
Background
The Radiocommunications (Aircraft and Aeronautical Mobile Stations) Class Licence 2006 was issued to revoke and replace the Radiocommunications (Aircraft Station) Class Licence 2001 (the Aircraft Station Class Licence).
Prior to that, the Aircraft Station Class Licence authorised the operation of a range of aeronautical radiocommunications and radionavigation equipment fixed to, or carried on-board, all aircraft including recreational aircraft, which operate on a common group of frequencies except ground-based equipment, which were all apparatus licensed.
Following a review into the licensing framework for aircraft and aeronautical licensing arrangements, the ACMA formed the view that the range of ground-based mobile aeronautical stations, operating on the same common group of aviation frequencies, could logically and practicably be included in a class licence.
Aircraft non assigned apparatus licences have all expired and are no longer issued. A separate aircraft apparatus licence is only issued for a station using individually assigned (that is non-standard) aeronautical frequencies.
Associated amendments will also be made to the Radiocommunications (Interpretation) Determination 2000.
Consultation
In accordance with paragraph 18(2)(a) of the Legislative Instruments Act 2003, consultation is considered unnecessary as the changes are of a minor or machinery nature and do not substantially alter existing arrangements.
Regulatory Impact
The ACMA has undertaken a preliminary assessment in accordance with the requirements of the Office of Best Practice Regulation (OBPR) and determined that a Regulatory Impact Statement (RIS) was not required. The instrument is of a minor or machinery nature and is not expected to have an impact on business, individuals or the economy. For those reasons, an exemption from the need to provide a RIS and Business Cost Calculator Report has been obtained. The OBPR RIS exemption reference number is 12565.
Determination details
Details of the Determination are set out in Attachment 1.
ATTACHMENT 1
Notes about instrument
1) Section 1 Name of Determination
Section 1 provides for the name of the Determination as the Radiocommunications Licence Conditions (Aircraft Licence) Determination 2011 (No. 1).
2) Section 2 Commencement
Section 2 provides that the Determination commences on the day after registration.
3) Section 3 Revocation of Radiocommunications Licence Conditions (Aircraft Licence) Determination No. 1 of 1997
Section 3 revokes the Radiocommunications Licence Conditions (Aircraft Licence) Determination No.1 of 1997.
4) Section 4 Definitions
Section 4 defines terms that are used in the Determination and notes where definitions of other terms used in the Determination may be found.
Section 4 defines “Act”, “aero club” and “licensee”.
5) Section 5 Conditions of Aircraft Licences
Section 5 provides that every aircraft licence is subject to the conditions in sections 6, 7 and 8 relating to the operation of any aircraft station under the licence by the licensee.
6) Section 6 Communications between aircraft station and ground station
Section 6 specifies the conditions that apply to communications between an aircraft station and a ground station.
7) Section 7 Communications between aircraft station and aeronautical station
Section 7 specifies the conditions that apply to communications between an aircraft station and an aeronautical station.
8) Section 8 Station identification
Section 8 provides that a licensee must operate an aircraft station using a call sign allocated to the station or another form of identification that clearly identifies the station.