Radiocommunications (Outpost Stations) Class Licence 2022

Dated: 11 April 2022

James Cameron

[signed]

Member

Cathy Rainsford

[signed]

Member/General Manager

1  Name

  This is the Radiocommunications (Outpost Stations) Class Licence 2022.

2  Commencement

  This instrument commences at the start of 31 May 2022.

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

3  Authority

  This instrument is made under section 132 of the Act.

4  Interpretation

  In this instrument, unless the contrary intention appears:

ARPANSA standard means:

 (a) the Radiation Protection Standard for Limiting Exposure to Radiofrequency Fields – 100 kHz to 300 GHz (2021) published by the Australian Radiation Protection and Nuclear Safety Agency; or

 (b) if a later document is published by the Australian Radiation Protection and Nuclear Safety Agency to replace that standard – the later document.

Note: The ARPANSA standard is available, free of charge, from the Australian Radiation Protection and Nuclear Safety Agency’s website: www.arpansa.gov.au.

distress or emergency situation includes, without limitation, a situation that involves:

 (a) prejudice to the security or defence of Australia; or

 (b) a serious threat to the environment; or

 (c) risk of injury to, or death of, a person; or

 (d) risk of damage to, or substantial loss of, property.

group of outpost stations means two or more outpost stations transmitting simultaneously on the same or multiple frequencies.

pX means peak envelope power, being the average power supplied to an antenna transmission line by a transmitter during 1 radiofrequency cycle at the crest of the modulation envelope under normal operating conditions.

RFDS outpost station means an outpost station authorised to be operated under an outpost licence held by the Royal Flying Doctor Service of Australia.

Royal Flying Doctor Service of Australia means:

 (a) any of the following bodies corporate (whether or not it changes its name after the commencement of this instrument):

(i) the Royal Flying Doctor Service of Australia (ACN 004 213 067);

(ii) the Royal Flying Doctor Service of Australia Central Operations (ACN 141 354 734);

(iii) the Royal Flying Doctor Service of Australia (Queensland Section) (ACN 009 663 478);

(iv) the Royal Flying Doctor Service of Australia (South Eastern Section) (ACN 000 032 422);

(v) the Royal Flying Doctor Service Tasmania Ltd (ACN 617 680 896);

(vi) the Royal Flying Doctor Service of Australia (Victorian Section) (ACN 004 196 230);

(vii) the Royal Flying Doctor Service of Australia (Western Operations) (ACN 067 077 696); or

 (b) if one of those bodies corporate stops performing any of its functions, a body corporate responsible for performing the same, or substantially the same, functions.

Note 1: A number of other expressions used in this instrument are defined in the Act, including the following:

(a) Australia;

(b) equipment rules;

(c) import;

(d) operate;

(e) radiocommunication.

Note 2: 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, including:

(a) Act;

(b) carriage service provider;

(c) carrier;

(d) harmful interference;

(e) outpost licence;

(f) outpost station;

(g) public correspondence;

(h) station;

(i) telecommunications network.

5  References to other instruments

  In this instrument, 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 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.

6  Class licence

  This instrument authorises a person to operate an outpost station, subject to the conditions in sections 7 to 13 of this instrument.

7  Condition – identification

  A person must not operate an outpost station to transmit a signal unless the person transmits a form of identification that clearly identifies the station or the person:

 (a) at the beginning of each transmission, or of each series of transmissions; and

 (b) at the end of each transmission, or of each series of transmissions.

8  Condition – maximum power

  A person must not operate an outpost station at a transmitter power greater than 100 watts pX.

9  Condition – public exposure limits

  A person must not operate an outpost station, or a group of outpost stations, if the electromagnetic energy emitted by the station, or group of stations, exceeds the general public exposure limits specified in the ARPANSA standard.

10  Condition – compliance with equipment rules

  A person must not operate an outpost station that does not comply with the requirements of any standard prescribed for the station by equipment rules as in force:

 (a) if the station was manufactured in Australia – on the day it was manufactured; or

 (b) if the station was imported – on the day it was imported; or

 (c) if, after the station was manufactured in Australia or imported, the station was altered or modified in a material respect – on the day it was altered or modified.

11  Condition – harmful interference

  A person must not operate an outpost station if its operation causes harmful interference to radiocommunications.

12  Condition – otherwise unable to connect to telecommunications network

  A person must not operate an outpost station unless the person is otherwise unable to connect to a telecommunications network.

Example: A person may be unable to connect to a telecommunications network if:

(a) there is no telecommunications network operating in the area; or

(b) the telecommunications network operating in the area is unavailable or inoperable for any reason; or

(c) the person is unable to connect to the telecommunications network operating in the area through a carriage service provider for any reason.

13  Condition – permitted frequencies, locations and purposes of operation

 (1) A person must not operate an outpost station except in accordance with one or more of subsection (2), (3) or (4).

 (2) A person may operate an outpost station to transmit and receive messages in relation to distress or emergency situations:

 (a) at any location, other than a location specified in column 1 of an item of Table 1 in Schedule 1 – on a frequency specified in either column 2 or column 3 of any item of Table 1 in Schedule 1; or

 (b) at a location specified in column 1 of an item of Table 1 in Schedule 1 – on a frequency specified in either column 2 or column 3 for that item.

 (3) A person may operate an outpost station (the first station) to communicate with an RFDS outpost station operating at a location specified in column 1 of an item in Table 1 in Schedule 1 if:

 (a) the first station is at the same location; and

 (b) the first station operates on a frequency specified in column 3 of that item; and

 (c) the communication is for one or more of the following purposes:

(i) obtaining or providing medical aid or advice;

(ii) transmitting or receiving public correspondence;

(iii) transmitting telecommunications that require the use of a telecommunications network operated by a carrier or a carriage service provider.

 (4) A person may operate an outpost station at a location specified in column 1 of an item in Table 1 in Schedule 1 to communicate with another outpost station at the same location for the purpose of communicating matters of interest or significance to the local community on a frequency specified in either column 2 or column 3 for that item.

Example: Matters that may be of interest or significance to the local community include weather reports, road reports and safety checks.

Schedule 1—Permitted frequencies and locations of operation

(subsections 13(2), (3) and (4))

Table 1