Radiocommunications (Overseas Amateurs Visiting Australia) Class Licence Variation 2012 (No. 1)
Radiocommunications Act 1992
The AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY makes this Variation under section 134 of the Radiocommunications Act 1992.
Dated 21 December 2012
Richard Bean
[Signed]
Member
Giles Tanner
[signed]
General Manager / Member
Australian Communications and Media Authority
1 Name of Variation
This Notice is the Radiocommunications (Overseas Amateurs Visiting Australia) Class Licence Variation 2012 (No. 1).
2 Commencement
This Variation commences on the later of:
(a) 1 January 2013; or
(b) the day on which it is published in the Gazette.
Note 1 All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.
Note 2 The effect of section 134 of the Radiocommunications Act 1992 is that this Variation must be published in the Gazette before it commences.
3 Variation of Radiocommunications (Overseas Amateurs Visiting Australia) Class Licence 2008
Schedule 1 varies the Radiocommunications (Overseas Amateurs Visiting Australia) Class Licence 2008.
Schedule 1 Variations
(section 3)
[1] Subection 3 (1)
insert
Exmouth Non Directional Beacon Area means an area that is within Australia being part of the geographic area described by a circle with a radius of 1000 kilometres whose centre is located at latitude 21 26 7 south, longitude 114 3 57 east.
[2] Subsection 3 (1), definition of Melbourne Area, including the note
omit
[3] Subsection 3 (1), definition of Perth Area, including the note
omit
[4] Subsection 3 (1), definition of Sydney Area, including the note
omit
[5] Subsection 3 (1)
insert
Timor Non Directional Beacon Area means an area that is within Australia being part of the geographic area described by a circle with a radius of 2000 kilometres whose centre is located at latitude 10 37 21 south, longitude 126 2 0 east.
[6] After section 24A
insert
24B Operation in the frequency band 472 kHz to 479 kHz
An amateur station must not be operated in the frequency band 472 kHz to 479 kHz using a radiated power of more than 5 watts pX EIRP.
[7] Table 1A, item 1A, column 2
substitute
135.7 kHz–137.8kHz [see section 24A]
472 kHz–479 kHz [see section 24B]
[8] Table 1A, item 4, column 2
omit
420.000 MHz–450.000 MHz
substitute
430.000 MHz–450.000 MHz
[9] Table 1B
substitute
Table 1B Excluded frequency ranges
(section 20)
Item | Area of operation | Excluded frequency range |
1 2 | Timor Non Directional Beacon Area Exmouth Non Directional Beacon Area | 472 kHz–479 kHz 472 kHz–479 kHz |
[10] Table 2, item 1, column 2
substitute
472 kHz–479 kHz
3.500 MHz–3.700 MHz
7.000 MHz–7.300 MHz
14.000 MHz–14.350 MHz
21.000 MHz–21.450 MHz
[11] Section 38
substitute
38 Permitted frequency bands
An amateur station must only be operated on a frequency that is in a frequency band mentioned in an item in Table 4A.
[12] Table 4A, item 2, column 2
omit
420.000 MHz–450.000 MHz
substitute
430.000 MHz–450.000 MHz
[13] Table 4B
omit
Overview
The Radiocommunications (Overseas Amateurs Visiting Australia) Class Licence Variation 2012 (No. 1) was enacted to address certain regulatory gaps in the Radiocommunications (Overseas Amateurs Visiting Australia) Class Licence 2008. This variation was made by the Australian Communications and Media Authority (ACMA) under section 134 of the Radiocommunications Act 1992. The primary objective of this variation is to enhance the regulatory framework for amateur radio operators visiting Australia by specifying more detailed geographic areas and operational restrictions, particularly around beacon areas and frequency bands. It aims to ensure that amateur radio operations are conducted within safe and regulated parameters to avoid interference with other communication services. This legislative instrument commenced on the later of 1 January 2013 or the date of its publication in the Gazette, ensuring that the new provisions are effectively implemented and known to all relevant parties.
Scope and Application
The Radiocommunications (Overseas Amateurs Visiting Australia) Class Licence Variation 2012 (No. 1) is a legislative instrument made under section 134 of the Radiocommunications Act 1992 by the Australian Communications and Media Authority (ACMA). It applies to overseas amateur radio operators visiting Australia, modifying the Radiocommunications (Overseas Amateurs Visiting Australia) Class Licence 2008. This variation sets specific conditions for the use of amateur radio equipment by overseas amateurs within designated areas in Australia, particularly focusing on the frequency bands and power levels that can be used. The variation defines specific geographic areas such as the Exmouth and Timor Non Directional Beacon Areas and imposes restrictions on the use of certain frequency bands, including a limit on the radiated power of amateur stations in the frequency band 472 kHz to 479 kHz to no more than 5 watts pX EIRP. The variation also adjusts the permitted frequency bands and excludes certain frequency ranges to ensure compliance with national radiocommunication regulations.
This variation has a national jurisdictional reach as it applies across Australia, and it is applicable to all overseas amateur radio operators visiting the country. The variation does not specify any exclusions or thresholds but instead modifies existing conditions in the Radiocommunications (Overseas Amateurs Visiting Australia) Class Licence 2008. The application and enforcement of this variation may be further extended or detailed through subordinate instruments issued by the ACMA. The variation came into effect on 1 January 2013 or the date of its publication in the Gazette, whichever is later.
Key Provisions
The main provisions of the Radiocommunications (Overseas Amateurs Visiting Australia) Class Licence Variation 2012 (No. 1) concern the frequency bands and power limits for amateur radio operations in Australia. Section 24B specifically mandates that amateur stations must not operate in the frequency band 472 kHz to 479 kHz with a radiated power exceeding 5 watts pX EIRP. Additionally, the variation introduces new definitions and modifies existing ones related to geographical areas, such as the Exmouth and Timor Non Directional Beacon Areas. Furthermore, the variation updates frequency ranges and power limits, affecting the operation of amateur stations within these areas.
Under this Act, parties or entities governed by the variation are required to adhere to the updated definitions, frequency bands, and power limits. This includes ensuring that amateur stations are operated within the specified frequency ranges and do not exceed the stipulated power limits. The variation also mandates that operations in specific areas, such as the Exmouth and Timor Non Directional Beacon Areas, comply with the new frequency exclusions. Compliance with these stipulations is necessary for all amateur radio operators visiting Australia.
Breaches of the provisions outlined in the variation can lead to civil or criminal consequences. Specifically, operating an amateur station in violation of the specified frequency bands or power limits can result in penalties. Although the maximum penalties are not explicitly stated in the variation, penalties for similar breaches under the Radiocommunications Act 1992 can be significant. These penalties may include fines or other legal actions as determined by the Australian Communications and Media Authority. The severity of the penalty can depend on the extent of the breach and any associated harm caused by non-compliance.