Radiocommunications Licence Conditions (Aeronautical Licence) Determination 2025

This is the Radiocommunications Licence Conditions (Aeronautical Licence) Determination 2025.

This instrument commences at the start of the day after the day it is registered on the Federal Register of Legislation.

Note: The Federal Register of Legislation is available, free of charge, at www.legislation.gov.au.

This instrument is made under subsection 110A(2) of the Act.

The Radiocommunications Licence Conditions (Aeronautical Licence) Determination 2015 (F2015L00495) is repealed.

In this instrument, unless the contrary intention appears:

aeronautical assigned system station means an aeronautical station that operates on an aeronautical frequency on an assigned basis.

aeronautical licence (aeronautical assigned system station) means an aeronautical licence that authorises the operation of an aeronautical assigned system station.

Note: At the time this instrument was made, the only aeronautical licences were aeronautical licences (aeronautical assigned system station). The ACMA does not intend to issue any other kind of aeronautical licence.

AIP means the Aeronautical Information Publication published by Airservices Australia.

Note: The AIP is available, free of charge, from Airservices Australia’s website at www.airservicesaustralia.com.

Certified Air/Ground Radio Service has the meaning given by the Civil Aviation Safety Regulations 1998.

UNICOM (short for Universal Communications) has the meaning given by Part 139 (Aerodromes) Manual of Standards 2019.

Note 1: Part 139 (Aerodromes) Manual of Standards 2019 is available, free of charge, from the Federal Register of Legislation at www.legislation.gov.au.

Note 2: A number of other expressions used in this instrument are defined in the Act, including the following:

ACMA;

aircraft;

frequency band;

operate;

radiocommunications receiver;

radiocommunications transmitter;

spectrum;

transmitter licence.

Note 3: Other expressions used in this instrument may be defined in a determination, made under subsection 64(1) of the Australian Communications and Media Authority Act 2005, that applies to this instrument, including:

Act;

aeronautical frequency;

aeronautical licence;

aeronautical station;

assigned basis;

communication;

station.

In this instrument, unless the contrary intention appears, a reference to a station is taken to be a reference to each radiocommunications transmitter that forms part of the station.

Note: A station is an installation or thing that is, or includes, one or more radiocommunications transmitters, one or more radiocommunications receivers, or both one or more radiocommunications transmitters and one or more radiocommunications receivers. This instrument imposes licence conditions on aeronautical licences, which are a type of transmitter licence, so this instrument is primarily concerned with transmitter licences and the radiocommunications transmitters whose operation is authorised by those licences. However, the operation of some conditions in relation to some aeronautical licences may depend on particular radiocommunications receivers.

In this instrument, unless the contrary intention appears, a reference to a part of the spectrum or frequency band includes all frequencies that are greater than but not including the lower frequency, up to and including the higher frequency.

Note: This means the lower number in the reference to the part of the spectrum or frequency band is not included in the part or band.

Unless the contrary intention appears, no condition in this instrument limits any other condition in this instrument.

In this 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 or writing is a reference to that other instrument or writing as in force, or existing, 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.

Every aeronautical licence (aeronautical assigned system station) is subject to the conditions in:

sections 8 to 10 (subject to subsection (2)); and

section 11.

Note: Legislation that relates to Airservices Australia or the Civil Aviation Safety Authority may impose other requirements on the operation of a station under an aeronautical licence (aeronautical assigned system station).

If:

a condition is specified in an aeronautical licence (aeronautical assigned system station) under paragraph 107(1)(g) of the Act, or imposed on the licence under paragraph 111(1)(a) of the Act; and

that condition is inconsistent with a condition specified in sections 8 to 10;

then, to the extent of any inconsistency, the condition mentioned in paragraph (a) prevails.

Subject to subsection (2), a person must not operate an aeronautical assigned system station that relates to an aircraft (the relevant aircraft) to communicate with an aeronautical station otherwise than in relation to:

the safe and expeditious conduct of a flight; or

an emergency; or

if the relevant aircraft is engaged in a particular occupation or industry – a matter that relates to that occupation or industry.

Subsection (1) does not apply in relation to the operation of an aeronautical assigned system station by:

Airservices Australia; or

the Civil Aviation Safety Authority; or

a person who operates the station to provide UNICOM or a Certified Air/Ground Radio Service.

A person must not operate an aeronautical assigned system station unless:

if the Civil Aviation Safety Regulations 1998 impose a requirement that the person must have a qualification to operate the station – the person has that qualification;

if a Manual of Standards provides that a person must have a qualification to be granted a licence or permission (however described) under the Civil Aviation Act 1988 or the Civil Aviation Safety Regulations 1998 that would authorise the person to operate the station for the purposes of that Act or those regulations – the person has that qualification;

if the Civil Aviation Regulations 1988 provide that a person must have a qualification to be granted a licence or permission (however described) under those regulations or the Civil Aviation Act 1988 that would authorise the person to operate the station for the purposes of those regulations or that Act – the person has that qualification;

if a Civil Aviation Order provides that a person must have a qualification to be granted a licence or permission (however described) under the Civil Aviation Act 1988 or the Civil Aviation Regulations 1988 that would authorise the person to operate the station for the purposes of that Act or those regulations – the person has that qualification.

Note: The Manuals of Standards and Civil Aviation Orders are legislative instruments. The Acts and legislative instruments mentioned in section 9 are available, free of charge, from the Federal Register of Legislation at www.legislation.gov.au.

A person must not operate an aeronautical assigned system station unless the person transmits:

the station’s call sign; or

another form of identification that clearly identifies the station;

during each transmission, or each series of transmissions, made by the person.

In this section, call sign, for a station, means:

the call sign specified for the station in the aeronautical licence (aeronautical assigned system station) that authorises the operation of the station; or

an identifier that relates to the station, as specified in the AIP.

A person may operate an aeronautical assigned system station under an aeronautical licence (aeronautical assigned system station) on a frequency specified in subsection (2) (whether or not the licence, but for this section, would authorise the operation of the station on that frequency), if the operation of the station is solely for the purpose of search and rescue.

For the purposes of subsection (1), the following frequencies are specified:

3,023 kHz;

5,680 kHz;

121.5 MHz;

123.1 MHz.