Radiocommunications (Overseas Amateurs Visiting Australia) Class Licence 2015

Radiocommunications Act 1992

The AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY makes this Class Licence under section 132 of the Radiocommunications Act 1992.

Dated: 29 June 2015

Richard Bean
[signed]
Member

Brendan Byrne
[signed]
Member /General Manager

Australian Communications and Media Authority

Part 1 Preliminary

1 Name of Class Licence

  This Class Licence is the Radiocommunications (Overseas Amateurs Visiting Australia) Class Licence 2015.

2 Commencement

This Class Licences commences on the later of:

 (a) the day after it is registered; or

 (b) the day on which it is published in the Gazette.

Note 1   All legislative instruments must be registered on the Federal Register of Legislative Instruments required to be maintained under the Legislative Instruments Act 2003.

Note 2   Both (a) and (b) must occur for this Class Licence to commence.

2A Revocation

The Radiocommunications (Overseas Amateurs Visiting Australia) Class Licence 2008 [F2008L00376] is revoked.

3 Interpretation

 (1) In this Class Licence, unless the contrary intention appears:

ASMG means the Australian Spectrum Map Grid 2012, published by the ACMA and existing from time to time.

Note The ASMG can be accessed on the ACMA website:  http://www.acma.gov.au.

ASMG block means a grouping of ASMG cells, identified by an HCIS identifier.

Note In the ASMG, these blocks are identified by the terms HCIS Levels 2, 3 and 4.

ASMG cell means a five minute of arc square cell in the ASMG, identified by an HCIS identifier.

Note In the ASMG, these cells are identified by the term HCIS Level 1.

Australia, when used in a geographical sense, includes the external Territories.

Australian resident means:

 (a) a person who holds a permanent visa (as defined in the Migration Act 1958) that is in effect;

 (b) a New Zealand citizen who is usually resident in Australia and who holds a special category visa (as defined in the Migration Act 1958) that is in effect; or

 (c) any other person who is usually resident in Australia and whose continued presence in Australia is not subject to a limitation as to time imposed by law.

authorised officer means:

 (a) a member of the Australian Federal Police;

 (b) a member of the police force of a State or Territory;

 (c) a Defence Force officer;

 (d) an Australian Maritime Safety Authority officer employed in the Rescue Coordination Centre of Australian Search and Rescue (also known as ‘AusSAR’); or

 (e) any officer specified in Schedule 5;

acting in the course of his or her duties.

call sign, in relation to a person, means the call sign mentioned in paragraph 6(2)(e) for the person.

emergency services means services provided by an organisation established in a State or Territory, or by the Commonwealth, for purposes that include the provision of services during an emergency.

emission mode has the meaning given by Schedule 1.

Note Schedule 1 sets out the symbols used to describe the components of each emission mode, and is based on information in Section III of Article 2 (Designation of Emission) of the Radio Regulations.

HCIS identifier means a unique identifier used to describe a geographic area in the ASMG.

manually operated morse key means:

 (a) a straight or up‑and‑down morse key; or

 (b) a manually operated mechanical automatic or semi‑automatic ‘bug’ style morse key;

but does not include a key that is part of a keyboard.

necessary bandwidth, for a class of emission that is subject to specified conditions, means the minimum frequency band required to ensure the transmission of information at the rate, and with the quality, required by those conditions.

non-operating action has the meaning given in subsection (1A).

operate has the meaning given in subsection (1A).

public telecommunications network means a telecommunications network used to supply a carriage service to the public.

pX means peak envelope power.

pY means mean power.

qualified person has the meaning given in subsection 6 (2).

Tables of Equivalent Qualifications and Licences means the tables of equivalent qualifications and licences on the “Overseas Amateurs Visiting Australia” page of the ACMA website at http://www.acma.gov.au.

Timor Non Directional Beacon Area means the geographic area that is within that part of the circle, specified below, that is within Australia:

the circle with a radius of 2000 kilometres whose centre is located at latitude 10 37 21 south, longitude 126 2 0 east.

Note 1 In accordance with paragraph 13(1)(b) of the Legislative Instruments Act 2003, other expressions in this Class Licence have the same meaning as in the Act, including:

• ACMA (see section 5)
• frequency band (see section 5)
• inspector (see section 267)
• radio emission (see section 8)
• radiocommunication (see section 6)
• radiocommunications device (see section 7)
• spectrum plan (see section 5)
• transmitter (see section 8)

Note 2 In accordance with section 64 of the Australian Communications and Media Authority Act 2005, other expressions in this Class Licence have the same meaning as in the Radiocommunications (Interpretation) Determination 2015, including:

• Act (see section 4)
• amateur licence (see Schedule 1)
• amateur repeater station (see Schedule 1)
• amateur station (see Schedule 1)
• carriage service (see Schedule 1)
• communication (see Schedule 1)
• EIRP (see Schedule 1)
• harmful interference (see Schedule 1)
• intercommunication (see Schedule 1)
• PMTS Class B licence (see Schedule 1)
• Radio Regulations (see Schedule 1)
• spurious emissions (see Schedule 1)
• telecommunications network (see Schedule 1)

 (1A) In this Class Licence, unless the contrary intention appears, operate, in relation to a station, means take an action to control the operation of a the station or a transmitter that is part of the station, other than an action (non-operating action):

 (a) taken by a person who is not a qualified person; and

 (b) consisting of:

 (i) the activation, by use of a switch or voice, of a microphone connected to a transmitter, where:

(A) the action occurs in the presence of, and under the supervision of, a qualified person mentioned in section 19 or section 26; and

(B) the action causes the transmitter only to transmit or cease to transmit; and

(C) all other control of the transmitter is by a qualified person mentioned in section 19 or section 26; or

 (ii) the activation, by use of a switch or voice, of a microphone connected to a transmitter through a public telecommunications network, where the action causes the transmitter only to transmit or cease to transmit; or

 (iii) the control of the transmitter of a station which receives radio signals from a second amateur station and automatically retransmits those signals by radio, where the action:

(A) occurs at the second station; and

(B) causes the retransmitting station’s transmitter only to transmit or cease to transmit; or

 (iv) the control of the transmitter of a station which receives signals from a second amateur station through a public telecommunications network and automatically retransmits those signals by radio, where the action:

(A) occurs at the second station; and

(B) causes the retransmitting station’s transmitter only to transmit or cease to transmit.

 (1B) A public telecommunications network is taken to be used to supply a carriage service to the public if the circumstances set out in section 44 of the Telecommunications Act 1997 apply to a network unit (within the meaning given by Part 2 of the Telecommunications Act 1997) in the network.

Note Section 44 of the Telecommunications Act 1997 sets out the circumstances in which a network unit is taken to be used to supply a carriage service to the public for the purposes of section 42 of that Act.

 (2) Unless the contrary intention appears, in this Class Licence, a frequency band described using two frequencies starts immediately above the lower frequency and ends at the higher frequency.

 (3) In this Class Licence, latitude and longitude are measured with reference to the geodetic datum designated as the “Australian Geodetic Datum (AGD66)” gazetted in the Gazette on 6 October 1966.

Note More information on the Australian Geodetic Datum is available from the Geoscience Australia website:  http://www.ga.gov.au.

 (4) A reference in this Class Licence to an instrument or writing is to that instrument or writing as in force or existing from time to time.

Note See section 314A of the Act for the power to incorporate instruments and writings as in force or existing from time to time.

Part 2 Class Licence

4 Class Licence — what is permitted?

 (1) This Class Licence authorises a person mentioned in section 6 to operate an amateur station if the person operates the amateur station in accordance with the conditions of this Class Licence.

 (2) This Class Licence also authorises any person to take a non-operating action in relation to an amateur station.

Part 3 Conditions

Division 1 Conditions applying to all stations operated under this Class Licence

5 Operation subject to conditions

  For section 133 of the Act, operation of an amateur station under this Class Licence is subject to all of the conditions set out in this Division.

6 Who may operate under this Class Licence?

 (1) A person must not operate an amateur station unless the person is a qualified person.

 (2) A person is a qualified person if the person:

 (a) is visiting Australia from another country; and

 (b) is not an Australian resident; and

 (c) has not been in Australia for more than 90 continuous days since entering Australia; and

 (d) holds:

 (i) an amateur licence, issued by the administration of another country, that has been recognised by the ACMA for the purpose of operating the amateur station in Australia; or

 (ii) an amateur qualification, issued by the administration of another country, that has been recognised by the ACMA for the purpose of operating the amateur station in Australia; and

 (e) has been issued with a call sign by the administration of the country that:

 (i) issued the amateur licence mentioned in subparagraph 6 (2) (d) (i); or

 (ii) issued the amateur qualification mentioned in subparagraph 6 (2) (d) (ii).

 (3) For subparagraphs 6 (2) (d) (i) and 6 (2) (d) (ii), an amateur licence or amateur qualification is recognised by the ACMA if it is listed in:

 (a) Table C (i); or

 (b) Table C (ii); or

 (c) Table C (iii); or

 (d) Table C (iv); or

 (e) Table C (v);

of the Tables of Equivalent Qualifications and Licences.

7 Production of evidence — length of stay and qualifications

 (1) If a person who is operating, or has operated, an amateur station is asked by an inspector to produce evidence of the following:

 (a) that the person entered Australia less than 90 days before operating the station;

 (b) that the person holds, or held at the relevant time, an amateur licence or amateur qualification:

 (i) of a type mentioned in paragraph 6 (2)(d); and

 (ii) relied upon by the person when operating the station;

  the person must produce the evidence.

 (2) If an inspector makes a request mentioned in subsection (1), the person is not authorised to operate an amateur station under this Class Licence.

 (3) Subsection (2) ceases to apply when the person produces the evidence to the inspector in response to the request.

8 Communication by an amateur station

 (1) An amateur station must not be operated under this Class Licence to transmit a message solicited from another person unless the message relates to a disaster.

 (2) An amateur station must not be operated to transmit a message on behalf of another person:

 (a) enabling any person to obtain a financial gain or other reward, directly or indirectly; or

 (b) relating to the commercial or financial affairs of any person.

 (3) An amateur station must not be operated to transmit a message to an amateur station in a foreign country if the purpose of the transmission would be inconsistent with the table of frequency band allocations in the spectrum plan or a footnote to that table.

Note Subject to the conditions in subsections (2) and (3), an amateur station operated under this Class Licence may be used to transmit messages on behalf of a third party to another amateur station including an amateur station in another country.  The laws of that country may apply to the operation of the amateur station in respect of that transmission.

 (4) An amateur station must not be operated:

 (a) in a way that would be likely to cause a reasonable person, justifiably in all the circumstances, to be seriously alarmed or seriously affronted; or

 (b) for the purpose of harassing a person.

9 Use of an amateur station

 (1) An amateur station must not be operated:

 (a) for any purpose other than the following:

 (i) self training in radiocommunications; or

 (ii) intercommunication; or

 (iii) technical investigations into radiocommunications; or

 (iv) transmitting news and information services related to the operation of amateur stations, as a means of facilitating intercommunication;

 (b) for financial gain or for the purpose of obtaining financial gain;

 (c) to transmit:

 (i) a message that is, or includes, an advertisement; or

 (ii) any form of entertainment.

 (2) An amateur station must not be operated as an amateur beacon station.

Note An amateur beacon station is an amateur station used solely for the purpose of identifying propagation conditions between the location of the station and other locations. An amateur beacon station may be authorised under an apparatus licence. Apparatus licences are issued under a process outlined in Part 3.3 of the Act.

 (3) An amateur station must not be operated as an amateur repeater station.

 (4) An amateur station must not be operated solely or principally for:

 (a) the automatic reception of signals from a public telecommunications network; or

 (b) the automatic retransmission by radiocommunications of such signals.

Note Such automatic reception and automatic retransmission means that a station is operating as an amateur repeater station. An amateur repeater station may be authorised under an apparatus licence. Apparatus licences are issued under a process outlined in Part 3.3 of the Act.

10 Interference

 (1) An amateur station must not be operated if its operation causes harmful interference to radiocommunications.

 (2) An amateur station must not be operated if its operation causes interference to radiocommunications because of transmissions that:

 (a) vary from a frequency on which the station is authorised to operate; or

 (b) have key impact emissions as a side‑effect of Morse code transmission; or

 (c) contain harmonics; or

 (d) cause an emission outside the necessary bandwidth of the transmission.

 (3) As far as is reasonably practicable, an amateur station must not be operated unless it is erected, fixed, placed and used in a way that avoids interference to the efficient and convenient working of other stations.

 (4) An amateur station must not be operated if its emissions include spurious emissions not attenuated below the power of the wanted emission supplied to the antenna transmission line:

 (a) on frequencies less than 30 MHz — by the lesser of:

 (i) 43 + 10 log(PEP)dB; or

 (ii) 50 dB; and

 (b) on frequencies equal to or greater than 30 MHz — by the lesser of:

 (i) 43 + 10 log(P)dB; or

 (ii) 70 dB.

 (5) In subsection (4):

P means mean power in watts supplied to the antenna transmission line.

PEP means peak envelope power in watts supplied to the antenna transmission line.

11 Use of call signs

 (1) An amateur station must not be operated unless a qualified person operating the station identifies the station by using the person’s call sign preceded by the letters VK.

 (2) Subject to subsection (4), if an amateur station is being operated to make a single transmission, the qualified person must:

 (a) transmit the call sign of any station being called or communicated with, followed by the person’s call sign, followed by the word ‘portable’, and followed by the location of the person’s amateur station; and

 (b) transmit the information mentioned in paragraph (a) by voice (using the English language), by visual image or by an internationally recognised code:

 (i) at the beginning of the transmission;

 (ii) at the end of the transmission; and

 (iii) for a transmission that lasts more than 10 minutes — at least once during each period of 10 minutes, or part thereof, in the transmission.

 (3) Subject to subsection (4), if an amateur station is being operated to make a series of transmissions to a station with which communications have been established, the qualified person must:

 (a) transmit the call sign of any station being called or communicated with, followed by the person’s call sign, followed by the word ‘portable’, and followed by the location of the person; and

 (b) transmit the information mentioned in paragraph (a) by voice (using the English language), by visual image or by an internationally recognised code:

 (i) at the beginning of the series of transmissions;

 (ii) at the end of the series of transmissions; and

 (iii) for a series that lasts more than 10 minutes — at least once during each period of 10 minutes, or part thereof, in the series.

 (4) If:

 (a) there are two or more qualified persons participating in emergency services operations or training exercises for emergency services; and

 (b) two or more of those persons are operating stations (the group of stations) for the purposes of those operations or exercises;

  for transmissions relating to those operations or exercises:

 (c) a qualified person operating an amateur station in the group of stations must ensure that arrangements are in place for at least one person operating a station in that group of stations to transmit the call signs of each person operating a station in the group; and

 (d) each of the call signs must be transmitted by voice (using the English language), by visual image or by an internationally recognised code:

 (i) at the beginning of a transmission or a series of transmissions;

 (ii) at the end of a transmission or a series of transmissions; and

 (iii) for a transmission or series of transmissions that lasts more than 30 minutes — at least once during each period of 30 minutes, or part thereof, of the transmission or series of transmissions.

12 Transmission of carrier waves and encoded signals

 (1) An amateur station must not be operated unless:

 (a) the content of the signal is intelligible; or

 (b) if the content of the signal is unintelligible – the signal is transmitted for the purposes of conducting a brief test or making an adjustment to the station.

 (2) An amateur station must not be operated to transmit a signal encoded so that the meaning of the signal is unclear, unless the signal is sent during intercommunication for the purpose of emergency services operations or training exercises related to emergency services.

13 Retransmission of other amateur stations’ transmissions

  An amateur station (the first station) must not be operated to retransmit the transmissions of another amateur station (the second station) unless:

 (a) the qualified person operating the first station obtains consent to retransmit the transmission from the person operating the second amateur station; and

 (b) as part of the transmission the qualified person:

 (i) transmits the call sign of the person operating the second amateur station at the beginning and the end of the transmission; and

 (ii) indicates that it is primarily a retransmission of a transmission of another amateur station.

14 Control of equipment at an amateur station

  An amateur station must not be operated unless the qualified person operating it is in attendance at the site of the amateur station.

15 Transmission on authorised frequency bands

 (1) An amateur station (the first station) must not be operated to transmit a signal to another amateur station, through an amateur repeater station, unless the person operating the first station is otherwise permitted by this Class Licence to transmit on the repeater output of the amateur repeater station.

 (2) An amateur station (the first station) must not be operated to transmit a signal to another amateur station, through two or more amateur repeater stations (interim stations) that make transmissions that are capable of being received by one or more of the interim stations, unless the person operating the first station is otherwise permitted by this Class Licence to transmit on the repeater output of the interim stations.

 (3) An amateur station (the first station) must not be operated to transmit a signal to a second amateur station, through a third amateur station that is not an amateur repeater station, unless the person operating the first station is otherwise permitted by this Class Licence to transmit on the transmission frequencies of the third amateur station.

 (4) An amateur station (the first station) must not be operated to transmit a signal to another amateur station, through two or more amateur stations that are not amateur repeater stations (interim stations), unless the person operating the first station is otherwise permitted by this Class Licence to transmit on the repeater outputs of each of the interim stations.

16 Connection to a public telecommunications network

 (1) An amateur station must not be connected, directly or indirectly, to a public telecommunications network unless the qualified person operating the amateur station takes reasonable measures to ensure that only persons who have a qualification or licence appropriate for operating the station can access the station to transmit a signal to another amateur station.

 (2) If:

 (a) a person is using a thing (the item) that is connected to a public telecommunications network; and

 (b) a qualified person connects the item to an amateur station;

the qualified person must advise the person using the item:

 (a) that the person’s communications may be overheard or received by other persons; and

 (b) to disconnect the item if the person does not wish to continue with the connection to the station.

Note It is an offence, under subsection 7 (1) of the Telecommunications (Interception and Access) Act 1979, to intercept a communication passing over a telecommunications system. Under subsection 6 (1) of that Act, interception of a communication passing over a telecommunications system consists of listening to or recording, by any means, such a communication in its passage over that telecommunications system without the knowledge of the person making the communication.  Under subsection 5 (1) of that Act, a “telecommunications system” is that part of a telecommunications network that is within Australia.

17 Directions from inspectors and other officers

 (1) If an inspector issues a qualified person a written direction that relates to interference to radiocommunications caused or likely to be caused by:

 (a) the adjustment, installation or maintenance of an amateur station, or of accessory apparatus for use with an amateur station, by the person; or

 (b) the operation of an amateur station by the person;

the qualified person must comply with the direction.

 (2) If an authorised officer gives a person a direction in relation to a station that is reasonably necessary to:

 (a) ensure the safety of an aircraft or vessel that is in danger; or

 (b) deal with an emergency involving a serious threat to the environment; or

 (c) deal with an emergency involving a risk of death or injury to a person; or

 (d) deal with an emergency involving the risk of substantial damage to, or substantial loss of, property;

a qualified person operating the station must comply with the direction.

18 Category of station under other Divisions

  An amateur station must not be operated unless it is operated in accordance with all of the applicable conditions specified in one of the other Divisions of this Part.

Division 2 Additional conditions — station operated by a person with a qualification or licence listed in Table C (i) of the Tables of Equivalent Qualifications and Licences

19 Operation subject to conditions — qualification or licence listed in Table C (i)

  For section 133 of the Act, operation of an amateur station under this Class Licence is subject to the conditions set out in this Division if that operation is by a person who holds a qualification or licence listed in Table C (i) of the Tables of Equivalent Qualifications and Licences.

20 Permitted frequency bands

  An amateur station must only be operated on a frequency that is:

 (a) within a frequency band mentioned in column 1 of an item in Table 1A; and

 (b) if a transmission made using the station would occur in an area specified in column 1 of an item in Table 1B – not within the frequency range specified in column 2 of the item.

21 Permitted emission modes

  An amateur station must not be operated on a frequency in a frequency band mentioned in column 1 of an item in Table 1A unless:

 (a) the station is operated using an emission mode mentioned in column 2 of the item; and

 (b) the transmission remains entirely within that frequency.

Table 1A Permitted frequencies and emission modes

(sections 20 and 21)

Table 1B Excluded frequency ranges

 (section 20)

22 Operation in the frequency band 50 MHz to 52 MHz

 (1) This section applies to the operation of an amateur station in the frequency band 50.000 MHz to 52.000 MHz (the 50-52 MHz band).

 (2) An amateur station must not be operated if it causes interference to the reception of the transmissions of a service that is specified to be a primary service for the 50-52 MHz band in the spectrum plan.

22A Operating an amateur station in the frequency bands 3.400 GHz to 3.425 GHz or 3.4925 GHz to 3.5425 GHz

  If a qualified person operates an amateur advanced station in the frequency band 3.400 GHz to 3.425 GHz, or the frequency band 3.4925 GHz to 3.5425 GHz, the person must not operate the station in an ASMG block specified in Schedule 1A if a PMTS Class B licence authorises the use of a transmitter in that block.

Note The Register of Radiocommunications Licences established under section 143 of the Act includes details of all apparatus licences issued, including PMTS Class B licences.  The ACMA may also publish information about PMTS Class B licences operated in these bands on the amateur licence pages of its website:  http://www.acma.gov.au.

23 Operation in the frequency bands 3.425 GHz to 3.4425 GHz or 3.475 GHz to 3.4925 GHz

  An amateur station must not be operated in the frequency band 3.425 GHz to 3.4425 GHz, or the frequency band 3.475 GHz to 3.4925 GHz, in a designated area described in Schedule 2.

24 Operation in the frequency bands 3.4425 GHz to 3.475 GHz or 3.5425 GHz to 3.575 GHz

  An amateur station must not be operated in the frequency band 3.4425 GHz to 3.475 GHz, or the frequency band 3.5425 GHz to 3.575 GHz, in a designated area described in Schedule 3.

24A Operation in the frequency band 135.7 kHz to 137.8 kHz

  An amateur station must not be operated in the frequency band 135.7 kHz to 137.8 kHz if an antenna is used with, or as part of, the station and the antenna uses a radiated power of more than 1 watt pX EIRP.

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 if an antenna is used with, or as part of, the station and the antenna uses a radiated power of more than 5 watts pX EIRP.

25 Permitted transmitter output power

 (1) An amateur station must not be operated using a transmitter output power greater than 400 watts pX if the emission mode of the station includes:

 (a) C3F; or

 (b) J3E; or

 (c) R3E.

 (2) An amateur station must not be operated using:

 (a) an emission mode not mentioned in subsection (1); and

 (b) a transmitter output power greater than 120 watts pY.

Division 3 Additional conditions — station operated by a person with a qualification or licence listed in Table C (ii) of the Tables of Equivalent Qualifications and Licences

26 Operation subject to conditions — qualification or licence listed in Table C (ii)

  For section 133 of the Act, operation of an amateur station under this Class Licence is subject to the conditions set out in this Division if that operation is by a person who holds a qualification or licence listed in Table C (ii) of the Tables of Equivalent Qualifications and Licences.

27 Permitted frequency bands

  An amateur station must only be operated on a frequency that is in a frequency band mentioned in column 1 of an item in Table 2.

28 Permitted emissions

  An amateur station must not be operated in a frequency band mentioned in column 1 of an item in Table 2 unless:

 (a) it is operated using an emission mode mentioned in column 2 of the item; and

 (b) the transmission remains entirely within that frequency band.

Table 2 Permitted frequencies and emission modes

(sections 27 and 28)

29 Permitted transmitter output power

 (1) An amateur station must not be operated using a transmitter output power greater than 100 watts pX if the emission mode of the station includes:

 (a) J3E; or

 (b) R3E.

 (2) An amateur station must not be operated using:

 (a) an emission mode not mentioned in subsection (1); and

 (b) a transmitter output power greater than 30 watts pY.

Division 4 Additional conditions — station operated by a person with a qualification or licence listed in Table C (iii) of the Tables of Equivalent Qualifications and Licences

30 Operation subject to conditions — qualification or licence listed in Table C (iii)

  For section 133 of the Act, operation of an amateur station under this Class Licence is subject to the conditions set out in this Division if that operation is by a person who holds a qualification or licence listed in Table C (iii) of the Tables of Equivalent Qualifications and Licences.

31 Restrictions on operation

 (1) An amateur station must not be operated in automatic mode or computer controlled mode.

 (2) An amateur station must not be operated if it is directly connected to a public telecommunications network.

32 Transmission equipment restrictions

  An amateur station must not be operated using a transmitter that has not been manufactured commercially.

33 Permitted frequency bands

  An amateur station must only be operated on a frequency that is in a frequency band mentioned in column 1 of an item in Table 3.

34 Permitted emissions

  An amateur station must not be operated in a frequency band mentioned in column 1 of an item in Table 3 unless:

 (a) it is operated using an emission mode mentioned in column 2 of that item; and

 (b) if the emission mode is 200HA1A — the information to be transmitted by the station is sent using a manually operated morse key; and

 (c) the transmission remains entirely within that frequency band.

Table 3 Permitted frequencies and emission modes

(sections 33 and 34)

35 Permitted transmitter output power

  An amateur station must not be operated using a transmitter output power greater than 10 watts pX.

Division 5 Additional conditions — station operated by a person with a qualification or licence listed in Table C (iv) of the Tables of Equivalent Qualifications and Licences

36 Operation subject to conditions — qualification or licence listed in Table C (iv)

  For section 133 of the Act, operation of an amateur station under this Class Licence is subject to the conditions set out in this Division if that operation is by a person who holds a qualification or licence listed in Table C (iv) of the Tables of Equivalent Qualifications and Licences.

37 Restrictions on operation

 (1) An amateur station must not be operated in automatic mode or computer controlled mode.

 (2) An amateur station must not be operated if it is directly connected to a public telecommunications network.

38 Permitted frequency bands

An amateur station must only be operated on a frequency that is in a frequency band mentioned in column 1 of an item in Table 4A.

39 Permitted emissions

  An amateur station must not be operated in a frequency band mentioned in column 1 of an item in Table 4A unless:

 (a) it is operated using an emission mode mentioned in column 2 of that item; and

 (b) the transmission remains entirely within that frequency band.

Table 4A Permitted frequencies and emission modes

(sections 38 and 39)

40 Operation in the frequency band 50 MHz to 52 MHz

 (1) This section applies if an amateur station is operated in the frequency band 50.000 MHz to 52.000 MHz (the 50-52 MHz band).

 (2) An amateur station must not be operated if it causes interference to the reception of the transmissions of a service that is specified to be a primary service for the 50-52 MHz band in the spectrum plan.

40A Operating an amateur station in the frequency bands 3.400 GHz to 3.425 GHz or 3.4925 GHz to 3.5425 GHz

  If a qualified person operates an amateur station in the frequency band 3.400 GHz to 3.425 GHz, or the frequency band 3.4925 GHz to 3.5425 GHz, the person must not operate the station in an ASMG block specified in Schedule 1A if a PMTS Class B licence authorises the use of a transmitter in that block.

Note The Register of Radiocommunications Licences established under section 143 of the Act includes details of all apparatus licences issued, including PMTS Class B licences.  The ACMA may also publish information about PMTS Class B licences operated in these bands on the amateur licence pages of its website:  http://www.acma.gov.au.

41 Operation in the frequency bands 3.425 GHz to 3.4425 GHz or 3.475 GHz to 3.4925 GHz

  An amateur station must not be operated in the frequency band 3.425 GHz to 3.4425 GHz, or the frequency band 3.475 GHz to 3.4925 GHz, in a designated area mentioned in Schedule 2.

42 Operation in the frequency bands 3.4425 GHz to 3.475 GHz or 3.5425 GHz to 3.575 GHz

  An amateur station must not be operated in the frequency band 3.4425 GHz to 3.475 GHz, or the frequency band 3.5425 GHz to 3.575 GHz, in a designated area mentioned in Schedule 3.

43 Permitted transmitter output power

  An amateur station must not be operated using a transmitter output power greater than 10 watts pX.

Division 6 Additional conditions — station operated by a person with a qualification or licence listed in Table C (v) of the Tables of Equivalent Qualifications and Licences

44 Operation subject to conditions — qualification or licence listed in Table C (v)

  For section 133 of the Act, operation of an amateur station under this Class Licence is subject to the conditions set out in this Division if that operation is by a person who holds a qualification or licence listed in Table C (v) of the Tables of Equivalent Qualifications and Licences.

45 Restrictions on operation

 (1) An amateur station must not be operated in automatic mode or computer controlled mode.

 (2) An amateur station must not be operated if it is directly connected to a public telecommunications network.

46 Permitted frequency band

  An amateur station must only be operated in the frequency band 146.000 MHz to 148.000 MHz.

47 Permitted emission mode

  An amateur station must not be operated unless:

 (a) it is operated using the emission mode 16K0F3E; and

 (b) the transmission remains entirely within the frequency band mentioned in section 46.

48 Permitted transmitter output power

  An amateur station must not be operated using a transmitter output power greater than 10 watts pX.

Schedule 1 Emission modes

(section 3)

1 Emission modes

 (1) For the purposes of this Class Licence, the emission mode of a transmission made by an amateur station is set out in a sequence of numbers and letters representing (in order) the following components (each a component):

 (a) the necessary bandwidth of the transmission;

 (b) the modulation of the main carrier of the transmission;

 (c) the nature of the signal or signals modulating the main carrier of the transmission;

 (d) the kind of information to be transmitted using the station.

Example An emission mode of 10K0R1F comprises the following components:

 (a) a necessary bandwidth of 10 kHz (represented by the “10K0”);

 (b) the main carrier of the transmission is amplitude modulated and uses a single-sideband, reduced or variable-level carrier (represented by the “R”);

 (c) the signal modulating the main carrier is a single channel containing quantized or digital information without the use of a modulating subcarrier (represented by the “1”); and

 (d) the station may transmit television (video) (represented by the “F”).

 (2) For the purposes of paragraph (1)(a), the necessary bandwidth component of an emission mode:

 (a) is represented in the emission mode for a particular transmission by (in order):

 (i) a number (number);

 (ii) a letter in an item in column 1 of Table 1 (the relevant item); and

 (iii) if the number followed by the letter does not form a sequence of at least four symbols (omitting any punctuation) – as many zeroes as is necessary to form a sequence of four symbols; and

 (b) is, for that transmission, the number of units of frequency mentioned in column 2 of the relevant item.

 Table 1 – Necessary bandwidth component

Example 1  A necessary bandwidth of 200 Hz is represented in an emission mode as 200H.

Example 2  A necessary bandwidth of 4 kHz is represented in an emission mode as 4K00.

Example 3  A necessary bandwidth of 2.5 MHz is represented in an emission mode as 2.5M0.

 (3) For the purposes of paragraph (1)(b), the modulation of the main carrier component of an emission mode:

 (a) is represented in the emission mode for a particular transmission by a letter in an item in column 1 of Table 2; and

 (b) is, for that transmission, the modulation mentioned in column 2 of that item.

 Table 2 – Modulation component

 (4) For the purposes of paragraph (1)(c), the component for the nature of the signal or signals modulating the main carrier of transmissions (signal nature component) of an emission mode:

 (a) is represented in the emission mode for a particular transmission by a number in an item in column 1 of Table 3; and

 (b) is, for that transmission, the signal nature mentioned in column 2 of that item.

 Table 3 – Signal nature component

 (5) For the purposes of paragraph (1)(d), the component for the kind of information to be transmitted (information nature component) of an emission mode:

 (a) is represented in the emission mode for a particular transmission by a letter in an item in column 1 of Table 4; and

 (b) is, for that transmission, the information nature mentioned in column 2 of that item.

 Table 4 – Information nature component

Schedule 1A 3.4 GHz bands — HCIS identifiers for sections 22A and 40A

(sections 22A and 40A)

  1 HCIS identifiers for sections 22A and 40A

  For the purposes of section 22A and section 40A of this Class Licence, the ASMG blocks in column 2 are specified.

Note 1 Column 1 is included for information only.

Note 2 This Schedule specifies ASMG blocks using Level 2 and Level 3 HCIS identifiers.

Schedule 2 3.4 GHz bands — designated areas for sections 23 and 41

(sections 23 and 41)

Description of designated areas

A designated area is an area bounded by a notional line starting at the intersection of the first map grid coordinates listed in a following table and passing sequentially through the intersections of each following set of coordinates in the table to the point where the line started.

Table 1 — Adelaide

Table 2 — Albury

Table 3 — Brisbane

Table 4 — Cairns

Table 5 — Canberra

Table 6 — Hobart

Table 7 — Launceston

Table 8 — Melbourne

Table 9 — Perth

Table 10 — Rockhampton

Table 11 — Sydney

Table 12 — Townsville

Schedule 3 3.4 GHz bands — designated areas for sections 24 and 42

(sections 24 and 42)

Description of designated areas

A designated area is an area bounded by a notional line starting at the intersection of the first map grid coordinates listed in a following table and passing sequentially through the intersections of each following set of coordinates in the table to the point where the line started.

Schedule 5 Authorised officers

(section 3)

A person holding or appointed to a role mentioned in column 1 of an item in an organisation mentioned in column 2 of the item is an authorised officer.