EXPLANATORY STATEMENT
Approved by the Australian Communications and Media Authority
Radiocommunications Act 1992
Radiocommunications (Radio-controlled Models) Class Licence 2025
Authority
The Australian Communications and Media Authority (the ACMA) has made the Radiocommunications (Radio-controlled Models) Class Licence 2025 (the instrument) under section 132 of the Radiocommunications Act 1992 (the Act).
Under section 132 of the Act, the ACMA may, by legislative instrument, issue class licences. A class licence authorises any person to operate a radiocommunications device of a specified kind, or for a specified purpose, or of a specified kind for a specified purpose. Section 133 of the Act provides that the ACMA may include in a class licence such conditions as it thinks fit.
Under section 137 of the Act, the ACMA must not issue a class licence that is inconsistent with the Australian Radiofrequency Spectrum Plan 2021 (the spectrum plan) or a frequency band plan. Subsection 9(2) of the spectrum plan provides that any frequency band specified in the spectrum plan may be used by a device that operates in accordance with a class licence, which includes the instrument. Subsection 9(5) of the Radiocommunications (Australian Radio Quiet Zone Western Australia) Frequency Band Plan 2023 provides that the frequency bands covered by that band plan may be used for services provided under, and in accordance with, the conditions of a class licence, which includes the instrument.
The instrument is therefore consistent with the spectrum plan and all relevant frequency band plans.
Under section 138 of the Act, the ACMA must not issue a class licence that authorises the operation of radiocommunications devices at frequencies that are within a part of the spectrum covered by a spectrum licence or a marketing plan unless it is satisfied that issuing the class licence would not result in unacceptable levels of interference to the operation of radiocommunications devices operated, or likely to be operated, under spectrum licences and issuing the class licence would be in the public interest.
The ACMA must also consult with all affected spectrum licensees.
The instrument does not authorise the operation of radiocommunications devices on frequencies that are covered by spectrum licences or a marketing plan.
Purpose and operation of the instrument
The instrument is intended to authorise the operation of radiocommunications devices to control model aircraft, model landcraft and model vessels.
The instrument replaces the Radiocommunications (Radio-controlled Models) Class Licence 2015 (the 2015 instrument). The 2015 instrument was due to ‘sunset’ on 1 October 2025 under Part 4 of Chapter 3 of the Legislation Act 2003 (the LA). The instrument replicates the existing purpose and practical effect of the 2015 instrument with some minor changes.
It is a general requirement of the Act that the operation of all radiocommunication devices within Australia be authorised by a licence. A class licence is a type of licence available that authorises the operation of radiocommunications devices. It is an effective and efficient means of spectrum management for services where a limited set of common frequencies is employed, and equipment is operated under a common set of conditions. A class licence is not issued to a particular user and does not involve payment of licence tax or charges.
Operation of a radiocommunications device is not authorised by a class licence (including the instrument) if it is not in accordance with the conditions of the licence (subsection 132(3) 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);
- 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.
The instrument is set to commence on 1 October 2025, to allow its provisions and consequential amendments to the Radiocommunications Equipment (General) Rules 2021 (the Equipment Rules) to take effect on the same day.
Several expressions used in the 2015 instrument that were defined in section 3 of it are now defined in the Radiocommunications (Interpretation) Determination 2025 (the Interpretation Determination) which applies to the instrument. Accordingly, these definitions are not included in the instrument.
In addition, the condition requiring compliance with standards and equipment rules that was in section 8 of the 2015 instrument have been removed. This is because the requirement is now covered by the Equipment Rules and removal assists in eliminating unnecessary duplication and to avoid any risk of a person being penalised twice for the same act or omission.
A provision-by-provision description of the instrument is set out in the notes at Attachment A.
The instrument is a legislative instrument for the purposes of the LA, is disallowable, and is subject to the sunsetting provisions in Part 4 of Chapter 3 of the LA.
Documents incorporated by reference
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 from time to time.
The instrument incorporates by reference the Equipment Rules, as in force from time to time.
The instrument also incorporates by reference the Radiation Protection Standard for Limiting Exposure to Radiofrequency Fields – 100 kHz to 300 GHz (2021) (the ARPANSA Standard), which is available, free of charge, from the Australian Radiation Protection and Nuclear Safety Agency website at www.arpansa.gov.au.
Consultation
Before the instrument was made, the ACMA was satisfied that consultation was undertaken appropriately and in a way that was reasonably practicable, in accordance with section 17 of the LA.
On 14 April 2025, the ACMA commenced consultation on a proposal to remake the 2015 instrument. The ACMA also published a draft of the instrument and a consultation paper to invite comments on the proposal on the ACMA website. An e-bulletin was released on 14 April 2025 to advertise the consultation.
The ACMA did not receive any submissions in response to the consultation process.
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 below has been prepared to meet that requirement.
Overview of the instrument
The ACMA has made the instrument under section 132 of the Act.
The instrument authorises the operation of radiocommunications devices used for the radio control of model aircraft, model landcraft and model vessels under set conditions. It imposes conditions about operating and technical requirements for operating devices used for radio-controlled model equipment, to prevent that operation from causing interference to radiocommunications.
This instrument allows hobbyist use of radiocommunications devices to control model aircraft, model landcraft or model vessels without impeding the ability of others to use the spectrum.
Human rights implications
The ACMA has assessed whether the instrument 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.
Having considered the likely impact of the instrument and the nature of the applicable rights and freedoms, the ACMA has formed the view that the instrument does not engage any of those rights or freedoms.
Conclusion
The instrument is compatible with human rights as it does not raise any human rights issues.
Attachment A
Notes to the Radiocommunications (Radio-controlled Models) Class Licence 2025
Section 1 Name
This section provides for the instrument to be cited as the Radiocommunications (Radio-controlled Models) Class Licence 2025.
Section 2 Commencement
This section provides for the instrument to commence at the start of 1 October 2025.
Section 3 Authority
This section identifies the provision of the Act that authorises the making of the instrument, namely section 132 of the Act.
Section 4 Interpretation
This section defines a number of expressions used throughout the instrument.
It also provides that a reference to a part of the spectrum or a frequency band includes all frequencies that are greater than, but not including, the lower frequency, up to and including the higher frequency.
A number of other expressions used in the instrument are defined in the Act or in the Interpretation Determination.
Section 5 References to other instruments
This section provides that in the instrument, 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 is a reference to that other instrument as in force, or existing, from time to time.
Section 6 Class licence
This section provides that the instrument authorises any person to operate a radiocommunications device to control a model aircraft, a model landcraft or a model vessel.
Section 7 Condition – interference
This section provides that the operation of a radiocommunications device under the instrument must not cause interference to radiocommunications.
Section 8 Conditions – use of 29 MHz band or 36 MHz band, and EIRP range
This section sets out the conditions for authorised operation of a radiocommunications device under the instrument. The conditions specify the permitted frequency ranges and minimum and maximum equivalent isotropic radiated power (EIRP) limits, when operating in the 29 MHz or 36 MHz frequency band.
Section 9 Condition – compliance with ARPANSA Standard
This section sets out the limitations on the amount of electromagnetic energy (EME) that a radiocommunications device operated under the instrument is permitted to emit. This ensures radio-controlled model equipment not covered by the EME requirements under Schedule 4 to the Equipment Rules is required to comply with the general public exposure limits in the ARPANSA Standard.