Radiocommunications (Radio-controlled Models) Class Licence 2015

Radiocommunications (Radio-controlled Models) Class Licence 2015

made under subsection 132(1) of the

Radiocommunications Act 1992

Compilation No. 1

Compilation date:    17 June 2021

Includes amendments up to: F2021L00734

Prepared by the Australian Communications and Media Authority, Melbourne

About this compilation

This compilation

This is a compilation of the Radiocommunications (Radio-controlled Models) Class Licence 2015 that shows the text of the law as amended and in force on 17 June 2021 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law.  Any uncommenced amendments affecting the law are accessible on the Federal Register of Legislation (www.legislation.gov.au).  The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes.  For more information on any uncommenced amendments, see the series page on the Federal Register of Legislation for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law.  Accordingly, this compilation does not show the text of the compiled law as modified.  For more information on any modifications, see the series page on the Federal Register of Legislation for the compiled law.

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

1 Name of Class Licence

  This Class Licence is the Radiocommunications (Radio-controlled Models) Class Licence 2015.

3 Definitions

  In this Class Licence:

ARPANSA Standard means the Radiation Protection Standard for Limiting Exposure to Radiofrequency Fields – 100 kHz to 300 GHz (2021), or any standard published as a replacement of that standard, by the Australian Radiation Protection and Nuclear Safety Agency.

Note: The ARPANSA Standard is available from the Australian Radiation Protection and Nuclear Safety Agency website at www.arpansa.gov.au.

device compliance day, for a radiocommunications device used to control model aircraft, model landcraft or model watercraft, means the most recent of the following days:

 (a) if the radiocommunications device was manufactured in Australia — the day the radiocommunications device was manufactured;

 (b) if the radiocommunications device was manufactured overseas and imported — the day it was imported;

 (c) if the radiocommunications device was altered or modified in a material respect — the day it was altered or modified.

29 MHz band means the frequency band greater than 29.72 MHz and not exceeding 30 MHz.

36 MHz band means the frequency band greater than 36 MHz and not exceeding 36.6 MHz.

Note   In accordance with paragraph 13(1)(b) of the Legislative Instruments Act 2003, terms used in this Determination have the same meaning as in the Radiocommunications Act 1992, unless the contrary intention appears.  In accordance with section 64 of the Australian Communications and Media Authority Act 2005, terms used in this Determination have the meaning given by the Radiocommunications (Interpretation) Determination 2015, unless the contrary intention appears.

3A References to other instruments

In this Class Licence, unless the contrary intention appears:

 (a) a reference to any other legislative instrument is a reference to that other legislative instrument as in force from time to time; and

 (b) a reference to any other kind of instrument or writing is a reference to that other instrument or writing as in force or in existence from time to time.

Note 1: For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.

Note 2: All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.

Note 3: See section 314A of the Act.

5 Class Licence

 (1) Subject to sections 6, 7 and 8, this Class Licence authorises any person to operate a radiocommunications device to control model aircraft, model landcraft or model watercraft.

 (2) In sections 6, 7 and 8, radiocommunications device means a radiocommunications device to which this Class Licence applies.

6 Condition — interference

  The operation of a radiocommunications device under this Class Licence must not cause interference to the operation of radiocommunications services.

7 Conditions — 29 MHz band or 36 MHz band

  The operation of a radiocommunications device that operates in the 29 MHz band or 36 MHz band is subject to the following conditions:

 (a) the radiocommunications device must operate on a carrier frequency in the 29 MHz band or the 36 MHz band, with a maximum EIRP greater than 300 milliwatts and not exceeding 1 watt;

 (b) subject to paragraph (d), if the radiocommunications device is operated on a carrier frequency in the 36 MHz band, it may do so only on a carrier frequency obtained by using the formula:

  where n is a whole number that is at least 1 and does not exceed 30;

 (c) a carrier frequency using the formula specified in paragraph (b) may be used only for operation of a radiocommunications device that is used to control model aircraft or model watercraft;

 (d) if a radiocommunications device is used to control model aircraft on a carrier frequency in the 36 MHz band, it may, in addition to being permitted to operate on a carrier frequency using the formula specified in paragraph (b), be operated on a carrier frequency obtained by using the formula:

  where n is a whole number that is at least 1 and does not exceed 29.

8 Conditions – compliance with standards and equipment rules

(1) A person must not operate a radiocommunications device under this Class Licence unless the device complies with:

 (a) if the device compliance day for the device occurs before the commencement of Part 1 of Schedule 4 to the Radiocommunications Legislation Amendment (Reform and Modernisation) Act 2020 – any standard applicable to it, as in force on the device compliance day;

 (b) if the device compliance day for the device occurs on or after the day Part 1 of Schedule 4 to the Radiocommunications Legislation Amendment (Reform and Modernisation) Act 2020 commenced – any equipment rules applicable to it, as in force on the device compliance day.

(2) A person must not operate a radiocommunications device, or group of radiocommunications devices, under this Class Licence if the electromagnetic energy emitted by the device, or group of devices, exceeds the general public exposure limits specified in the ARPANSA Standard in a place accessible by the public.

(3) In paragraph (1)(a), standard has the meaning given by section 5 of the Act, as in force immediately before the commencement of Part 1 of Schedule 4 to the Radiocommunications Legislation Amendment (Reform and Modernisation) Act 2020.

Note: Part 1 of Schedule 4 to the Radiocommunications Legislation Amendment (Reform and Modernisation) Act 2020 replaces standards with equipment rules. See also item 42 of that Schedule.

Endnotes

Endnote 1 – About the endnotes

The endnotes provide information about this compilation and the compiled law.

Endnote 2 (Abbreviation key) sets out abbreviations that may be used in the endnotes.

Endnote 3 (Legislation history) provides information about each law that has amended (or will amend) the compiled law.  The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

Endnote 4 (Amendment history) provides information about the amendments at the provision (generally section or equivalent) level and includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law. 

It also includes information about any misdescribed amendment (that is, an amendment that does not accurately describe the amendment to be made).  If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.  If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history