Radiocommunications Licence Conditions (Land Mobile 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 (Land Mobile Licence) Determination 2025 (the Land Mobile LCD) 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

An apparatus licence may be either a transmitter licence or a receiver licence. A land mobile licence is a type of transmitter licence specified by the ACMA in a determination made under section 98 of the Act. The determination made under section 98 is the Radiocommunications (Specified Radiocommunications Receivers and Types of Transmitter Licences and Receiver Licences) Determination 2024. Land mobile licences generally authorise the operation of one or more land mobile stations.

Land mobile services are heavily used by emergency service organisations like police, fire and ambulance services, and for commercial uses such as taxi services. Reliable and uninterrupted access to land mobile services is vital for these organisations.

The purpose of the Land Mobile LCD is to revoke and replace the Radiocommunications Licence Conditions (Land Mobile Licence) Determination 2015 (the Land Mobile LCD 2015) without making any significant changes to the regulatory arrangements created by the Land Mobile LCD 2015.

The ACMA has made the Land Mobile LCD because the Land Mobile LCD 2015 was due to ‘sunset’ (that is, to be automatically repealed) on 1 October 2025 under Part 4 of Chapter 3 of the Legislation Act 2003 (the LA).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 Land Mobile LCD 2015 was operating effectively and efficiently, and continued to form a necessary and useful part of the legislative framework. Accordingly, the ACMA has remade the Land Mobile LCD 2015 by making the Land Mobile LCD. The Land Mobile LCD contains minor and machinery changes to clarify the intended effect and operation of the instrument, and to reflect technological and operational developments in the land mobile service.

The Land Mobile LCD specifies the conditions to which land mobile licences are subject, including in relation to permitted power levels, the permitted use of particular stations, and call signs.

Operation of a radiocommunications device is not authorised by an apparatus licence (including a land mobile 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 as set by the Crimes Act 1914);
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 Land Mobile LCD is set out in the notes at Attachment A.

The Land Mobile LCD is a legislative instrument for the purposes of the LA, and is disallowable.

The Land Mobile LCD 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) matter contained in any Act as in force at a particular time, or as in force 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 as in force or existing from time to time.

The Land Mobile LCD incorporates part of the Radiocommunications (Citizen Band Radio Stations) Class Licence 2025. That legislative instrument is available, free of charge, from the Federal Register of Legislation at www.legislation.gov.au.

Consultation

Before the Land Mobile LCD was made, the ACMA was satisfied that consultation was undertaken to the extent appropriate and reasonably practicable, for the purposes of section 17 of the LA.

From 28 March 2025 to 9 May 2025 the ACMA consulted on a proposal to make the Land Mobile LCD. The ACMA published a consultation paper and a draft of the Land Mobile LCD on its website. The consultation paper sought comments on the ACMA’s proposal to repeal and remake the Land Mobile LCD 2015. The paper explained the nature of, and the reasons for, the minor and machinery changes proposed to clarify the intended effect and operation of the instrument.

The ACMA received no submissions in response to the consultation paper. One submission to a separate and later consultation process on changes to Citizen Band Radio Service arrangements suggested changes to the Land Mobile LCD. These changes either were not made because they would have resulted in too significant a risk of interference, or were already incorporated into the draft Land Mobile LCD.

The ACMA made one change to section 29 of the Land Mobile LCD following the consultation period. This re-introduced a requirement from the Land Mobile LCD 2015 requiring ACMA approval for the operation of transportable CB repeaters in certain circumstances, with amendments to make its operation clearer and better reflect industry and ACMA practice. This change was necessary to continue to allow the ACMA to manage interference concerns.

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 in Attachment B has been prepared to meet that requirement.

Attachment A

Notes to the Radiocommunications Licence Conditions (Land Mobile Licence) Determination 2025

Part 1–Preliminary

Section 1 Name

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

Section 2 Commencement

This section provides for the Land Mobile LCD 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 Land Mobile LCD, namely subsection 110A(2) of the Act.

Section 4 Repeal

This section provides that the Land Mobile LCD 2015 is repealed.

Section 5 Interpretation

This section defines a number of key terms used throughout the Land Mobile LCD.

A number of other expressions used in the Land Mobile LCD are defined in the Act, or by a determination made under subsection 64(1) of the Australian Communications and Media Authority Act 2005.

Section 6 References to other instruments

This section provides that in the Land Mobile LCD, 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 or writing is a reference to that other instrument or writing as in force, or existing, from time to time.

Part 2–Conditions – land mobile licence (paging system station)

Section 7 Application of Part 2

Section 7 provides that every land mobile licence (paging system station) is subject to the conditions in Part 2, 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 that is inconsistent with a condition in Part 2.

Every land mobile licence authorises the operation of land stations and land mobile stations, for communications between each other. A land station is a station that is established at a fixed point on land, and a land mobile station is a station intended to be used while in motion on land, or during halts at unspecified points on land.

A land mobile licence (paging system station) is a land mobile licence that authorises the operation of a paging system station, which is a station operating as a part of a system that uses only paging technology, and that consists of at least one radiocommunications receiver that is usually capable of being carried on a person (a paging receiver).

Section 8 Conditions – operation of exterior paging system transmitters

Section 8 imposes conditions that limit the operation of a radiocommunications transmitter that is in an ‘exterior paging system’. An exterior paging system is, broadly speaking, a system used for paging outdoors (such as the outdoor section of a restaurant). The limitations generally relate to emissions from the transmitter, when operated in various circumstances and conditions.

Section 9 Conditions – supplementary main station in exterior paging system

A paging system may comprise a main station, which is used to transmit to paging receivers, and supplementary main stations, which are used to retransmit radiocommunications transmitted by the main station.

Section 9 imposes conditions that limit the operation of a supplementary main station that is in an exterior paging system. Among other things, the limitations prevent the supplementary main station from causing harmful interference to other radiocommunications, and prevent operation otherwise than to improve the reliability of reception of transmissions made by the exterior paging system’s main station within a 40 kilometre radius of the main station.

Section 10 Conditions – radiocommunications transmitter that is part of an exterior and interior paging system

An exterior paging system may also include an interior paging system (that is, one operated indoors, or in an area the boundary of which minimises the propagation of radio emissions).

Section 10 imposes conditions that limit the operation of a radiocommunications transmitter that is in an ‘interior paging system’ that is a part of an exterior paging system. Among other things, the limitations prevent the transmitter from causing harmful interference to other radiocommunications, and prevent operation otherwise than to improve the service provided by the interior paging system’s main station within a 40 kilometre radius of the main station.

Section 11 Conditions – interior paging system

Section 11 imposes conditions that limit the operation of a radiocommunications transmitter that is in an interior paging system. The limitations prevent the transmitter from causing harmful interference to other radiocommunications, and from emitting outside a location that is specified in the licence.

Section 11 also imposes conditions that limit the operation of a transmitter that is a part of an interior paging system used for ‘two-way’ voice communications (this is commonly referred to as ‘interior paging talkback’). The conditions relate to the maximum equivalent isotropically radiated power (EIRP), necessary bandwidth and transmission frequency of the transmitter.

Part 3–Conditions – land mobile licence (ambulatory station)

Section 12 Application of Part 3

Section 12 provides that every land mobile licence (ambulatory station) is subject to the conditions in Part 3, 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 that is inconsistent with a condition in Part 3.

A land mobile licence (ambulatory station) is a land mobile licence that authorises the operation of an ambulatory station. An ambulatory station is a land mobile station that is principally used for communications with other land mobile stations, but may in some circumstances as set out in the licence be used to communicate with an aircraft station or a maritime ship station.

Section 13 Condition – communication with other stations

Section 13 prohibits a person from operating an ambulatory station otherwise than to communicate with another ambulatory station. (If the relevant licence includes a condition that permits communication with an aircraft station or maritime ship station, that condition will take precedence by operation of section 12.)

Section 14 Condition – time out timer

Section 14 prohibits a person from operating an ambulatory station that includes a time out timer, unless the time out timer is enabled. ‘Time out timer’ is defined in section 5 to mean a function that disables a transmitter after a set time.

Section 15 Conditions – use of call sign

Section 15 provides that the operator of an ambulatory station must use call signs. Different rules apply depending on the frequency used by the ambulatory station.

Section 16 Condition – harmful interference

Section 16 prohibits a person from operating an ambulatory station if its operation causes harmful interference.

Part 4–Conditions – land mobile licence (land mobile system station)

Section 17 Application and interpretation of Part 4

Section 17 provides that every land mobile licence (land mobile system station) is subject to the conditions in Part 4, 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 that is inconsistent with a condition in Part 4.

A land mobile licence (land mobile system station) is a land mobile licence that authorises the operation of a land mobile system station. A land mobile system station is a land station or a land mobile station that is operated as part of a land mobile system. A land mobile system is a system comprising one or more land stations and one or more land mobile stations that are operated under a land mobile licence principally for two-way communications.

Section 18 Condition – time out timer

Section 18 prohibits a person from operating a land mobile system station that includes a time out timer, unless the time out timer is enabled.

Section 19 Conditions – use of call sign

Section 19 provides that the operator of a land mobile system station must use call signs. Different rules apply depending on the frequency used by the land mobile system station.

Section 20 Condition – maximum EIRP

Section 20 imposes a condition limiting the maximum EIRP of a land mobile system station.

Section 21 Conditions – communication with other stations

In a land mobile system, one land station may be the ‘base station’ for the system, which will operate at a location specified in a land mobile licence (land mobile system station).

Section 21 provides that a land mobile station operated in a land mobile system must only communicate with the base station and other stations in the system, and must only transmit on the transmit frequency of the system’s base station or, in some cases, on the receive frequency of the base station.

Section 22 Conditions – supplementary base station

In a land mobile system, supplementary base stations may be used to retransmit radiocommunications transmitted by the base station.

Section 22 imposes conditions that limit the operation of a supplementary base station. Among other things, the limitations prevent the supplementary base station from causing harmful interference to other radiocommunications, and prevent operation otherwise than to improve the service provided by the land mobile system’s base station within a 40 kilometre radius of the base station. The conditions also limit the emissions of a supplementary base station when operated at a communal site (a site with two or more fixed radiocommunications transmitters operate within 200 metres of each other, between 30 MHz and 300 GHz).

Section 23 Conditions – remote control station

A remote control station is a land station that is used to remotely control another land station, causing the other land station to communicate with a land mobile station.

Section 23 imposes conditions that limit the operation of a remote control station. Among other things, the limitations prevent the remote control station from causing harmful interference to other radiocommunications, and require the remote control station not to exceed certain transmitter powers.

Section 23 also provides that a remote control station operated in a land mobile system must only communicate with other land mobile stations in the system, and must only operate on the transmit frequency or receive frequency specified in a land mobile licence (land mobile system station) for a base station.

Section 24 Conditions – bi-directional amplifier station

A bi-directional amplifier station is a land station that is operated as part of a land mobile system for communication indoors, and is capable of being used with a leaker feeder cable. A leaky feeder cable is a specialised cable that carries communications, and also radiates radiocommunications at points along its length.

Section 24 provides that a bi-directional amplifier station must not be used except where the station complies with certain power levels and modification requirements. Some of these conditions are dependent on the system’s proximity to the General Post Office of Adelaide, Brisbane, Melbourne, Perth or Sydney.

Part 5– Conditions – land mobile licence (CB repeater station)

Section 25 Application of Part 6

Section 25 provides that every land mobile licence (CB repeater station) is subject to the conditions in Part 5, 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 that is inconsistent with a condition in Part 5.

A land mobile licence (CB repeater station) is a land mobile licence that authorises the operation of a CB repeater station. A CB repeater station is a station operating from a fixed location for the reception and automatic re-transmission of radio signals from CB stations. CB stations are stations operated on frequencies specified in the Radiocommunications (Citizen Band Radio Stations) Class Licence 2025.

Section 26 Conditions – operation of station

Section 26 imposes a condition requiring a CB repeater station only to receive and re-transmit signals transmitted from other stations, or that identify the CB repeater station. It also imposes a condition requiring the CB repeater station to incorporate a function to prevent the station from transmitting, unless it has received a signal from another station or is identifying itself.

Section 27 Condition – station must be available

Section 27 provides that a person must not operate a CB repeater station using a continuous tone coded squelch system or a digital coded squelch system to limit access to a station. A squelch system is a system that suppresses reception of a signal other than a specified signal.

Section 28 Condition – continuous operation

Section 28 provides that a person must operate a CB repeater station to provide a continuously available retransmission service to a person who operates a CB station, unless the CB repeater station malfunctions or is causing harmful interference to a service provided by another station, in which cases operation of the station is prohibited.

Section 29 Conditions – transportable CB repeater stations

Section 29 imposes conditions on the operation of transportable CB repeater stations.

The section defines a ‘transportable CB repeater station’ to be a CB repeater station that is operated within an area specified in the land mobile licence that authorises its operation (that is, not at a particular location), allowing for the station’s deployment within that area. For example a transportable CB repeater can be licensed to be used throughout a state or Australia wide, and can be deployed as needed, such as when fixed infrastructure is damaged (e.g. during a natural disaster).

Subsection 29(1) provides that a transportable CB repeater station must not cause harmful interference.

Subsection 29(2) provides that a transportable CB repeater station must not be operated within a ‘specified distance’ of another CB repeater station that is not a transportable CB repeater station, unless subsection (3) applies.

Subsection 29(3) applies where both the other CB repeater station is not operating and the ACMA has, by written instrument, approved the operation of the transportable CB repeater station by a person at a particular location within the specified distance of the other CB repeater station.

The Land Mobile LCD 2015 included a provision prohibiting the operation of a transportable CB repeater station at a location unless the operator had obtained the ACMA’s approval to operate at that location. The provisions were intended to give the ACMA the ability to manage potential interference from the movement of transportable CB repeaters.

The ACMA had consulted on a version of the condition in subsection 29(2), where the operation of a transportable CB repeater station was prohibited within the specified distance of the other CB repeater station, if the other CB repeater station was operational. Although the ACMA did not receive any submissions in response to its consultation, it has decided to reintroduce and clarify the scope of the exception, as it provides the opportunity for the ACMA to assess whether the use of the transportable CB repeater station would cause interference with other nearby radiocommunications devices, and allows for the use of transportable CB repeater stations when other CB repeater stations stop operating (such as during a natural disaster).

In doing so, the ACMA considered that changing this provision made it consistent with how industry had been operating in practice, thereby having no practical impact on affected stakeholders as well as balancing the objectives of the Act in managing interference.

The power for the ACMA to give the approval for the purposes of subsection 29(3) is included at subsection 29(4). Since the approval is provided by the ACMA giving a written instrument to the person, subsection 33(3) of the AIA applies, and allows for the ACMA to vary or revoke the approval.

When considering whether to give approval under subsection 29(4), the ACMA expects usually to have regard to the following matters:

the risk of interference to other radiocommunications devices;
the proximity of the location to any other CB repeater stations;
whether the circumstances warrant such approval to operate a transportable CB repeater at a particular location, including the duration a person intends to operate the station at that location;
whether any potentially affected persons have been consulted;
whether any other CB repeater stations near the location are operating or may operate;
any other matters the ACMA considers relevant (including past or current compliance action).

The decision whether to give approval under subsection 29(4) is not subject to merits review. Both paragraphs 29(3)(a) and (b) must apply for a person to have the benefit of subsection 29(3), and paragraph 29(3)(a) requires the other CB repeater station not to be operating. It is intended that the transportable CB repeater station will operate in accordance with subsection 29(3) only, until the fixed CB repeater station recommences operating, which will generally be for a short period of time (and see the condition in section 28 for an obligation to operate a fixed CB repeater station continuously). Consistently with the Administrative Review Council’s document ‘What decisions should be subject to merit review?’ (published in 1999 and available from the Attorney-General’s Department website at www.ag.gov.au), it is not practical to make provision for merits review, as there would usually be no appropriate remedy for a person where a different decision is given later, after the other CB repeater station has recommenced operating.

Section 30 Condition – no charge for use

Section 30 provides that a person must not impose any charge or penalty, or ask for payment, for the use of a CB repeater station to re-transmit a communication.

Section 31 Condition – use of call sign

Section 31 provides that call signs must be used when operating a CB repeater station, in the way set out in the section.

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 (Land Mobile Licence) Determination 2025

Overview of the instrument

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

Subsection 110(A) 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.

Land mobile licences generally authorise the operation of one or more land mobile stations. Land mobile services are heavily used by emergency service organisations like police, fire and ambulance services, and for commercial uses such as taxi services. Reliable and uninterrupted access to land mobile services is vital for these organisations.

The ACMA has made the Land Mobile LCD because the Land Mobile LCD 2015 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 the ACMA formed the view that the Land Mobile LCD 2015 was operating effectively and efficiently, and continued to form a necessary and useful part of the legislative framework. Accordingly, the ACMA has remade the Land Mobile LCD 2015 by making the Land Mobile LCD, without any significant changes, so that its on-going effect is preserved. The Land Mobile LCD contains minor and machinery changes to clarify the intended effect and operation of the instrument, and to reflect technological and operational developments in the land mobile service.

The Land Mobile LCD specifies the conditions to which land mobile licences are subject, including details of assigned frequencies or frequency bands, and permitted power levels.

Human rights implications

The ACMA has assessed whether the Land Mobile LCD 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 as they apply to Australia.

Article 19 of the International Covenant on Civil and Political Rights (ICCPR) 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 of public health or morals.

Having considered the likely impact of the Land Mobile LCD and the nature of the applicable rights and freedoms, the ACMA has formed the view that the Land Mobile LCD engages the freedom of expression. This is because the Land Mobile LCD specifies the conditions that apply to land stations and land mobile stations operated under land mobile licences and includes restrictions on such things as power levels, operating frequencies and call sign usage. These provisions engage the right to freedom of expression as they relate to sharing and receiving information using a land station or land mobile station.

The restrictions imposed are permissible because they achieve a legitimate objective, and are reasonable, necessary and proportionate to achieving that objective. The object of the Act is to promote the long-term public interest derived from the efficient use of the radiofrequency spectrum. To avoid interference between multiple users, operation of a radiocommunications device (or possession of equipment for the purposes of operation of a radiocommunication device) must be licensed under the Act. One objective of licensing is to ensure that interference between users of radiofrequency spectrum is minimised, thereby ensuring individuals have greater access to freedom of expression when using the radiofrequency spectrum to communicate.

The objective of the Land Mobile LCD is to enable the operation of land mobile systems while minimising potential interference with other radiocommunications devices using the radiofrequency spectrum.

The ACMA considers the restrictions imposed to be reasonable as the Land Mobile LCD sets out the conditions (including technical considerations) for the operation of land mobile stations that allow them to operate without interference to one another or other radiocommunications devices.

The restrictions imposed are reasonably necessary and rationally connected to the object of managing interference. If the Land Mobile LCD did not exist, there would be an increased risk of interference to stations that operate under land mobile licences for purposes such as emergency services. This would reduce overall spectrum efficiency and could negatively impact communications during emergencies or commercial operations that use land mobile to communicate, thus negatively impacting the long-term public interest.

The restrictions imposed are proportionate as there are no other ways to facilitate broader public use of spectrum (per the object of the Act) in a manner that both promotes an individual’s use and minimises the risk of that individual impeding on another individual’s use. The restrictions in the Land Mobile LCD address the tension between these two aspects by allowing an individual sufficient scope to use spectrum to exercise their freedom of expression without impeding on another’s.

The restrictions imposed are also proportionate as the means adopted in the Land Mobile LCD are no more restrictive than required to achieve the object of managing interference. The technical and other requirements set out in the Land Mobile LCD are adapted to the type of service being operated (paging system, ambulatory, or CB repeater station). They facilitate the use of land mobile stations in a manner that both promotes an individual’s use while minimising the risk of that individual interfering with others’ use of the spectrum, either through use of a land mobile station or another apparatus. There are currently over 80,000 land mobile licences in Australia, making it the most issued apparatus licence type. With such a large number of users, potentially within close proximity to one another, frequency coordination becomes a key priority to managing interference and ensuring continuity of service.

In line with article 19(3)(b) of the ICCPR, the restrictions imposed by the Land Mobile LCD on the freedom of expression are provided for by law and necessary to protect public order and public health. Land mobile services enable critical communication services, such as those used by emergency service organisations including police, fire and ambulance services. Without these restrictions, communications for emergency services personnel would be impacted by interference, thus affecting public order and public health.

Conclusion

The Land Mobile LCD is compatible with human rights because the restriction on the freedom of expression is for a legitimate purpose and is reasonable, necessary and proportionate to managing interference to radiocommunications devices and ensuring they can operate effectively.

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

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