Radiocommunications Licence Conditions (Aircraft Licence) Determination 2011 (No. 1)

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

Legislation au F2011L02381 Not in force Legislative Instrument

Legislation content

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.

Overview

The Radiocommunications Licence Conditions (Aircraft Licence) Determination 2011 (No. 1), enacted under the authority of the Australian Communications and Media Authority (ACMA) pursuant to the Radiocommunications Act 1992, was introduced to refine and modernise the licensing framework for aircraft and aeronautical mobile stations. This Determination revokes and replaces the Radiocommunications Licence Conditions (Aircraft Licence) Determination No. 1 of 1997, aligning the regulatory conditions with current operational practices and technological advancements in the aviation industry. The ACMA determined that the previous licensing arrangements needed updating to more efficiently manage the use of aviation frequencies, particularly for ground-based mobile aeronautical stations. The policy objective behind this Determination is to ensure that the operation of radiocommunications equipment on aircraft is compliant with statutory requirements and technical standards, facilitating safe and effective communication in the aviation sector. The instrument does not require a Regulatory Impact Statement, as it is deemed to have minimal impact on business or the economy.

Scope and Application

The Radiocommunications Licence Conditions (Aircraft Licence) Determination 2011 (No. 1) applies to all aircraft licences issued under the Radiocommunications Act 1992. It governs the operation of radiocommunications equipment on aircraft, including both fixed and portable devices, which are licensed under the Act. This Determination applies nationally across Australia and is relevant to both commercial and recreational aviation sectors. It revokes the previous Radiocommunications Licence Conditions (Aircraft Licence) Determination No. 1 of 1997 and incorporates updated conditions for the operation of aircraft stations. Notably, it excludes ground-based equipment that falls under the broader Radiocommunications (Aircraft and Aeronautical Mobile Stations) Class Licence 2006. The Determination provides comprehensive conditions for the use of aircraft stations, including details on permissible frequencies, power levels, types of communications, and identification requirements. The Australian Communications and Media Authority (ACMA) has the authority to impose additional conditions on individual licences through the ‘Special Conditions’ section of the licence. This Determination is a disallowable instrument under the Legislative Instruments Act 2003, ensuring that its provisions can be subject to parliamentary scrutiny.

Key Provisions

The Radiocommunications Licence Conditions (Aircraft Licence) Determination 2011 (No. 1) outlines specific conditions that must be adhered to by parties holding aircraft licences under the Radiocommunications Act 1992 (the Act). Section 5 of the Determination stipulates that all aircraft licences are subject to conditions specified in sections 6, 7, and 8. Section 6 addresses the conditions for communications between an aircraft station and a ground station, ensuring compliance with certain standards and protocols. Section 7 details the requirements for communications between an aircraft station and an aeronautical station, while Section 8 mandates that a licensee must use a call sign allocated to the aircraft station or another form of identification that clearly identifies the station. Entities governed by this Determination are obligated to comply with the conditions set forth in sections 6, 7, and 8. These obligations include ensuring that any communications between an aircraft station and ground or aeronautical stations adhere to the specified conditions. Furthermore, licensees must use the designated call sign or other forms of identification as required by Section 8, ensuring clear and unambiguous identification of the station. The Determination also requires adherence to any other conditions specified in the licence itself and any special conditions outlined in the Radiocommunications Licence Conditions (Apparatus Licence) Determination 2003 or other determinations made by the ACMA. Breach of any conditions outlined in the Determination may result in legal consequences. While the Determination does not explicitly state penalties, violations of the Act or any conditions imposed by the ACMA could potentially lead to enforcement actions, including fines or other civil or criminal penalties as prescribed by the Radiocommunications Act 1992. The severity of penalties would depend on the nature and extent of the breach, and could vary based on the specific circumstances of the violation.

Legal classification tags

Area of Law
Communications Law
Instrument
Determination
Concepts
Commencement Provisions
Conditions of Aircraft Licences
Communications between aircraft station and ground station
Communications between aircraft station and aeronautical station

Interactions

Authorises

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.