Radiocommunications Licence Conditions (Aircraft Licence) Determination No. 1 of 1997

Radiocommunications Licence Conditions (Aircraft Licence) Determination No. 1 of 1997

TABLE OF PROVISIONS

Section Page

PART 1—PRELIMINARY

  1. Citation 1

  2. Scope 1

  3. Interpretation 1

PART 2—CONDITIONS FOR EVERY AIRCRAFT LICENCE

  4. Conditions 2

  5. Communications between an aircraft station and ground station 3

  6. Communications between an aircraft station and aeronautical station 3

  7. Call signs 3

PART 3—CONDITIONS FOR AIRCRAFT LICENCE

(AIRCRAFT NON ASSIGNED STATION)

  8. Conditions 3

  9. Frequencies that may be used 4

PART 4—REVOCATION OF TECHNICAL LICENCE SPECIFICATIONS

10. Revocation 4

SCHEDULE

AIRCRAFT NON ASSIGNED STATIONS: OPERATIONAL REQUIREMENTS

 PART 1—OPERATION ON HIGH FREQUENCY

 PART 2—OPERATION ON VERY HIGH FREQUENCY

Commonwealth of Australia

Radiocommunications Act 1992

Radiocommunications Licence Conditions (Aircraft Licence) Determination No. 1 of 1997

I, Christine Mary Goode, Spectrum Manager, acting on behalf of the Spectrum Management Agency, make the following determination under paragraph 107 (1) (f) and subsection 179 (1) of the Radiocommunications Act 1992.

Dated   27 March 1997.

christine m. goode

Spectrum Manager

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PART 1—PRELIMINARY

Citation

 1. This Determination may be cited as Radiocommunications Licence Conditions (Aircraft Licence) Determination No. 1 of 1997.

[NOTE: This Determination commences on gazettal: see Acts Interpretation Act 1901, ss. 46A and 48.]

Scope

 2. This Determination sets out conditions to which an aircraft licence is subject in the following manner:

 (a) every aircraft licence is subject to the conditions in Part 2;

 (b) every aircraft licence (aircraft non assigned station) is also subject to the conditions in Part 3.

Interpretation

 3. In this Determination, unless the contrary intention appears:

“aero club” means a club formed by individuals to participate in activities relating to aircraft other than model aircraft;

“aircraft licence (aircraft non assigned station)” means an aircraft licence authorising the holder to operate an aircraft non assigned station;

“charter organisation” means a person conducting charter operations within the meaning of paragraph 206 (1) (b) of the Civil Aviation Regulations;

“common traffic advisory frequency” (also known as “CTAF”) means a frequency used by pilots to exchange traffic information while flying:

 (a) to or from an aerodrome that does not have an operating control tower; or

 (b) in airspace that is designated airspace for the purposes of regulation 99 of the Civil Aviation Regulations;

“Flight Level 200” means the airspace 20,000 feet above the airspace in which a sensitive altimeter reads zero at standard atmospheric pressure;

“ground station” means an aeronautical station operating on land;

“high level charter organisation” means a charter organisation carrying out charter operations at or above Flight Level 200;

“licensee” means the holder of an aircraft licence and includes any person authorised by the licensee to operate a station under the licence;

“mandatory traffic advisory frequency” (also known as “MTAF”) means a frequency that must be used by pilots to exchange traffic information while flying:

 (a) to or from an aerodrome that does not have an operating control tower; or

 (b) in airspace that is designated airspace for the purposes of regulation 99 of the Civil Aviation Regulations;

“UNICOM services” means Universal Communications stations.

[NOTE:  For the definitions of other expressions used in this Determination, see the Radiocommunications Act 1992, the Radiocommunications (Definitions) Determination No. 2 of 1993 and the Radiocommunications Regulations.]

PART 2—CONDITIONS FOR EVERY AIRCRAFT LICENCE

Conditions

 4. For paragraph 107 (1) (f) of the Act, every aircraft licence is subject to the conditions in this Part relating to the operation of any aircraft station under the licence by the licensee.

Communications between an aircraft station and ground station

 5. If the licensee is a member of an aero club, a flying school or a parachute club, the licensee must not operate an aircraft station to communicate with a ground station unless:

 (a) the ground station is owned and operated by:

 (i) an aero club; or

 (ii) a flying school; or

 (iii) a parachute club; and

 (b) the communication occurs when the aircraft to which the aircraft station relates is engaged on a flight to or from the aerodrome at which the ground station is located.

Communications between an aircraft station and aeronautical station

 6. The licensee must not operate an aircraft station to communicate with an aeronautical station unless the communication relates to:

 (a) the safe and expeditious conduct of flight; or

 (b) an emergency; or

 (c) a matter that relates to the particular occupation or industry in which the aircraft to which the aircraft station relates is engaged.

Call signs

 7. The licensee must operate an aircraft station using:

 (a) the call sign allocated by the SMA; or

 (b) another form of identification that clearly identifies the station.

[NOTE:  Other requirements, under legislation administered by Airservices Australia or the Civil Aviation Safety Authority, may apply to the licensee in relation to the operation of an aircraft station.]

PART 3—CONDITIONS FOR AIRCRAFT LICENCE

(AIRCRAFT NON ASSIGNED STATION)

Conditions

 8. For paragraph 107 (1) (f) of the Act, every aircraft licence (aircraft non assigned station) is subject to the additional conditions in this Part relating to the operation of any aircraft non assigned station under the licence by the licensee.

Frequencies that may be used

 9. The licensee must not operate an aircraft non assigned station unless the licensee:

 (a) is a licensee mentioned in column 2 of an item in the Schedule and operates the station on a carrier frequency mentioned in column 3 of the item in accordance with the conditions specified in column 4 of the item; or

 (b) operates the station on a frequency permitted in an Aeronautical Information Publication issued under section 18 of the Civil Aviation Act 1988; or

 (c) operates the station on any of the following frequencies for the purposes of search and rescue only:

 (i) 2,182 kHz;

 (ii) 3,023 kHz;

 (iii) 4,125 kHz;

 (iv) 5,680 kHz;

 (v) 121.5 MHz;

 (vi) 123.1 MHz;

 (vii) 156.3 MHz;

 (viii) 156.8 MHz.

PART 4—REVOCATION OF TECHNICAL LICENCE SPECIFICATIONS

Revocation

 10. The following Determinations are revoked:

 (a) TLS 3/1995 Aircraft, notified in the Gazette on 15 September 1995;

 (b) TLS 4/1995 Aircraft (Aircraft Non Assigned), notified in the Gazette on 15 September 1995.

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 SCHEDULE Paragraph 9 (a)             

AIRCRAFT NON ASSIGNED STATIONS:

OPERATIONAL REQUIREMENTS

PART 1—OPERATION ON HIGH FREQUENCY

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PART 2—OPERATION ON VERY HIGH FREQUENCY

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