1 Name

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

This instrument commences on 31 March 2025.

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

4 Repeal

The Radiocommunications Licence Conditions (Apparatus Licence) Determination 2015 (F2015L00210) is repealed.

5 Application

(1) Subject to subsection (2), every transmitter licence is subject to the conditions in this instrument.

Note 1: A person is required, when operating a radiocommunications device under an apparatus licence, to comply with any conditions of the licence (see subsection 97(4) and section 113 of the Act). By this instrument, the ACMA has determined that each transmitter licence is taken to include licence conditions that ensure that electromagnetic radiation emitted by a radiocommunications transmitter operated by a person under a transmitter licence does not exceed safe levels for general public exposure.

Note 2: The ACMA may obtain information or documents under section 284S of the Act that relate to compliance or non-compliance with the conditions in this instrument.

(2) If:

(a) a condition is specified in a transmitter licence under paragraph 107(1)(g) of the Act, or imposed on the licence under paragraph 111(1)(a) of the Act; and

(b) that condition is inconsistent with a condition specified in this instrument;

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

6 Interpretation

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

ABN has the meaning given by section 41 of the A New Tax System (Australian Business Number) Act 1999.

ACN has the meaning given by section 9 of the Corporations Act 2001.

ARBN has the meaning given by section 9 of the Corporations Act 2001.

AS 2772.2 means the former Australian Standard AS 2772.2-1988 Radiofrequency radiation Part 2: Principles and methods of measurement—300 kHz to 100 GHz, published by Standards Australia.

Note: AS 2772.2 may be obtained, for a fee, directly from the website of Standards Australia or a distributor listed on the Standards Australia website: www.standards.org.au. AS 2772.2 is also available to be viewed, on prior request, at an ACMA office, subject to licensing conditions.

AS/NZS 2772.1 means the former Australian/New Zealand Standard AS/NZS 2772.1 (Int):1998 Radiofrequency fields Part 1: Maximum exposure levels—3 kHz to 300 GHz, published by Standards Australia and Standards New Zealand.

Note: AS/NZS 2772.1 may be obtained, for a fee, directly from the website of Standards Australia or a distributor listed on the Standards Australia website: www.standards.org.au. AS/NZS 2772.1 is also available to be viewed, on prior request, at an ACMA office, subject to licensing conditions.

AS/NZS 2772.2 means:

(a) the document titled ‘AS/NZS 2772.2:2016 – Radiofrequency fields, Part 2: Principles and methods of measurement and computation – 3 kHz to 300 GHz’, published by Standards Australia; or

(b) if a later document published by Standards Australia is expressed to replace the document mentioned in paragraph (a) – the later document.

Note: AS/NZS 2772.2 may be obtained, for a fee, directly from the website of Standards Australia or a distributor listed on the Standards Australia website: www.standards.org.au. AS/NZS 2772.2 is also available to be viewed, on prior request, at an ACMA office, subject to licensing conditions.

AS/NZS IEC 62232 means:

(a) the document titled ‘AS/NZS IEC 62232:2023 – Determination of RF field strength, power density and SAR in the vicinity of base stations for the purpose of evaluating human exposure’, published by Standards Australia; or

(b) if a later document published by Standards Australia is expressed to replace the document mentioned in paragraph (a) – the later document.

Note: AS/NZS IEC 62232 may be obtained, for a fee, directly from the website of Standards Australia or a distributor listed on the Standards Australia website: www.standards.org.au. AS/NZS IEC 62232 is also available to be viewed, on prior request, at an ACMA office, subject to licensing conditions.

Aware User has the meaning given by paragraph 5.1.1(c) of the ARPANSA Standard.

C95.3 means:

(a) the document titled ‘IEEE C95.3:2021 – IEEE Recommended Practice for Measurements and Computations of Electric, Magnetic, and Electromagnetic Fields with Respect to Human Exposure to Such Fields, 0 Hz to 300 GHz’, published by the Institute of Electrical and Electronics Engineers; or

(b) if a later document published by the Institute of Electrical and Electronics Engineers is expressed to replace the document mentioned in paragraph (a) – the later document.

Note: C95.3 may be obtained, free of charge, from the website of the Institute of Electrical and Electronics Engineers: standards.ieee.org.

Controlled Area has the meaning given by section 5.1.2 of the ARPANSA Standard.

Controlled Area Worker has the meaning given by paragraph 5.1.1(b) of the ARPANSA Standard.

emission designator has the meaning given by:

(a) the Radiocommunications (Interpretation – Technical Framework) Determination 2024; or

(b) if a later instrument replaces that determination and defines the expression – the later instrument.

far field, of an antenna, means the region at distances from the antenna greater than the larger of:

(a) 2D2/λ; and

(b) 0.5 λ;

where:

“λ” (wavelength) means the wavelength of the transmissions from the antenna;

“D” (dimension) means the maximum lineal dimension of the antenna.

IEC 62232 means:

(a) the document titled ‘IEC 62232:2022 – Determination of RF field strength, power density and SAR in the vicinity of base stations for the purpose of evaluating human exposure’, published by the International Electrotechnical Commission; or

(b) if a later document published by the International Electrotechnical Commission is expressed to replace the document mentioned in paragraph (a) – the later document.

Note: IEC 62232 may be obtained, for a fee, directly from the website of Standards Australia or a distributor listed on the Standards Australia website: www.standards.org.au. IEC 62232 is also available to be viewed, on prior request, at an ACMA office, subject to licensing conditions.

IEC 62577 means:

(a) the document titled ‘IEC 62577:2009 – Evaluation of human exposure to electromagnetic fields from a stand-alone broadcast transmitter (30 MHz – 40 GHz)’, published by the International Electrotechnical Commission; or

(b) if a later document published by the International Electrotechnical Commission is expressed to replace the document mentioned in paragraph (a) – the later document.

Note: IEC 62577 may be obtained, for a fee, directly from the website of Standards Australia or a distributor listed on the Standards Australia website: www.standards.org.au. IEC 62577 is also available to be viewed, on prior request, at an ACMA office, subject to licensing conditions.

member of the general public means a person other than:

(a) an Aware User; or

(b) in relation to a Controlled Area – a Controlled Area Worker for the Controlled Area; or

(d) in relation to a Controlled Area – a Supervised Visitor to the Controlled Area.

NATA means the National Association of Testing Authorities Australia (ACN 004 379 748).

NATA‑accredited body means a body accredited by NATA to assess or measure RF field strength levels in accordance with AS 2772.2 or AS/NZS 2772.2.

receiver means a radiocommunications receiver.

reference levels has the meaning given by sections 2 and 3 of the ARPANSA Standard.

RF field means a physical field, which specifies the electric and magnetic states of a medium or free space, quantified by vectors representing the electric field strength and the magnetic field strength.

RF Worker has the meaning given by paragraph 5.1.1(a) of the ARPANSA Standard.

Standards Australia means Standards Australia Limited (ACN 087 326 690).

Standards New Zealand means NZ Standards Organisation, New Zealand's national standards body.

Supervised Visitor has the meaning given by paragraph 5.1.1(d) of the ARPANSA Standard.

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

(a) ACMA;

(b) inspector;

(d) operate;

(e) radiocommunications device;

(f) radiocommunications receiver;

(g) radiocommunications transmitter;

(h) transmitter licence.

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 that applies to this instrument, including:

(a) Act;

(b) ARPANSA Standard;

(d) mobile station;

(e) point to point station;

(f) space licence;

(g) station.

(2) A term that is:

(a) used (but not defined) in this instrument; and

(b) defined in the Glossary of the ARPANSA Standard;

has the meaning given by that Glossary.

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

(3) 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.

7 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.

Part 2 Operation of transmitters – general condition

8 Condition – permitted communications

A person must operate a radiocommunications transmitter only to communicate with a station or receiver with which the person or transmitter is permitted by the conditions of the licence to communicate, unless:

(a) the transmission of a message is in relation to a distress or emergency situation; or

(b) the person is authorised, in writing, by the ACMA or an inspector, to communicate with another station or receiver in relation to the investigation of interference.

Part 3 Operation of transmitters – electromagnetic radiation requirements

9 Application of Part 3

(1) The conditions in this Part do not apply to the operation, by a person, of:

(a) a radiocommunications transmitter under a space licence; or

(b) a compliant mobile station.

(2) For the purposes of paragraph (1)(b), a mobile station is a compliant mobile station if:

(a) clause 3 of Schedule 4 to the Radiocommunications Equipment (General) Rules 2021 prescribes a standard for the mobile station; and

(b) the mobile station complies with that standard; and

(c) the mobile station is not a device mentioned in section 53 of the Radiocommunications Equipment (General) Rules 2021.

Note 1: The Radiocommunications Equipment (General) Rules 2021 are available, free of charge, from the Federal Register of Legislation at www.legislation.gov.au.

Note 2: For the purposes of paragraph (1)(b), a mobile station is only a compliant mobile station if it meets the electromagnetic energy (EME) standard set out in clause 3 of Schedule 4 to the Radiocommunications Equipment (General) Rules 2021 and if its operation is not exempt from the EME standard under section 53 of that instrument.

10 Condition – compliance with electromagnetic energy standard

Condition – general case

(1) A person must not operate a radiocommunications transmitter if the RF field produced by the transmitter exceeds the reference levels for general public exposure at a place accessible to a member of the general public.

Examples: The following are examples of a type of place that is accessible to a member of the general public:

(a) a private residence;

(b) a public park;

(c) a building roof top with a transmitter antenna located on the roof top, where access is not restricted by the site manager or operator.

Measuring compliance with the condition

(2) For purposes of subsection 11(3), subsection 12(2) and paragraph 14(2)(b):

(a) if the radiocommunications transmitter operates on a frequency in the 10 MHz to 30 MHz frequency band, only one of the following properties needs to be measured or calculated to show compliance with subsection (1) at places in the far field of the antenna:

(i) incident electric field strength;

(ii) incident magnetic field strength; or

(b) if the radiocommunications transmitter operates on a frequency in the 30 MHz to 2 GHz frequency band, only one of the following properties needs to be measured or calculated to show compliance with subsection (1) at places in the far field of the antenna:

(i) incident electric field strength;

(ii) incident magnetic field strength;

(iii) incident power density; or

(c) if the transmitter operates on a frequency greater than 2 GHz, only the incident power density needs to be measured or calculated to show compliance with subsection (1) at places in the far field of the antenna.

(3) In subsection (2), each of the following terms has the same meaning as in the ARPANSA Standard:

(a) incident electric field strength;

(b) incident magnetic field strength;

Condition – simultaneous transmissions

(4) A person must not operate a radiocommunications transmitter to transmit simultaneously on multiple frequencies, unless the transmitter meets the requirements specified in section 3 (Simultaneous exposure to multiple frequency fields) of the ARPANSA Standard.

11 Presumption about compliance with the condition in subsection 10(1) – low risk transmitters

Application

(1) This section applies to a radiocommunications transmitter (other than a mobile station):

(a) for which:

(i) the average total power supplied by the transmitter to all antennas fed by the transmitter is not more than 100 W; and

(ii) each antenna fed by the transmitter is installed so that it is inaccessible to a member of the general public; or

(b) for which:

(i) the bottom of the lowest antenna fed by the transmitter is at least 10 m above ground level; and

(ii) the average total EIRP of all antennas fed by the transmitter is not more than 3200 W in any direction; or

Examples: For subparagraph (a)(ii), the following are examples of a type of place that is inaccessible to a member of the general public:

(a) the area around an antenna that is fenced and where entry is through a locked gate;

(b) the area around a tower where the tower cannot be climbed except by the use of an external aid.

(2) This section also applies to a mobile station for which the average total power supplied by the station to all antennas fed by the station is not more than 100 W.

Presumption

(3) A person is presumed, unless the contrary is proved, not to have operated a radiocommunications transmitter in contravention of the condition in subsection 10(1) if the person has a document that:

(a) sets out the measurements or calculations for the transmitter specified in subsection 10(2); and

(b) those measurements or calculations are to the effect that the operation of the transmitter complies with subsection 10(1).

12 Condition – measurements or calculations of electromagnetic energy – higher risk transmitters

Application

This section applies to a radiocommunications transmitter other than a radiocommunications transmitter mentioned in subsection 11(1) or 11(2).

Condition – general requirement to measure or calculate RF fields

(2) Subject to subsections (3), (4) and (5), a person must not operate a radiocommunications transmitter unless the person has measured or calculated the RF fields produced by the transmitter in accordance with one of the following:

(a) if AS/NZS 2772.2 applies in relation to the transmitter – AS/NZS 2772.2;

(b) if AS/NZS IEC 62232 applies in relation to the transmitter – AS/NZS IEC 62232;

(d) if IEC 62232 applies in relation to the transmitter – IEC 62232;

(e) if IEC 62577 applies in relation to the transmitter – IEC 62577.

Note: A record of measurements or calculations made under this subsection must be kept (see paragraph 17(1)(d)).

Measurements and calculations made before 31 March 2025

(3) A person is taken to comply with subsection (2) if:

(a) the person complied, or was taken to have complied, with the former measurement provision before 31 March 2025; and

(b) in the period commencing when the person complied, or was taken to have complied, with the former measurement provision and ending immediately before 31 March 2025, the person had kept a record of any assessments, measurements or calculations made to comply, or to be taken to have complied, with the former measurement provision.

Note: Any such record of measurements or calculations must continue to be kept after 31 March 2025 (see paragraph 17(1)(e)).

Measurements and calculations made before relevant document amended

(4) If a relevant document is amended after 31 March 2025, a person is taken to comply with subsection (2) if the person measured or calculated RF fields produced by a radiocommunications transmitter, in accordance with the relevant document as existing immediately before it was amended, in the period:

(a) commencing on 31 March 2025; and

(b) ending immediately before the relevant document was amended.

Note: A record of such measurements or calculations must be kept (see paragraph 17(1)(d)).

Measurements and calculations made after relevant document amended

(5) If a relevant document is amended after 31 March 2025, a person is taken to comply with subsection (2) if the person measured or calculated RF fields produced by a radiocommunications transmitter, in accordance with the relevant document as existing immediately before it was amended, in the period:

(a) commencing when the relevant document was amended; and

(b) ending on the first anniversary of the day the relevant document was amended.

Note: A record of such measurements or calculations must be kept (see paragraph 17(1)(d)).

Definitions

(6) In this section:

former measurement provision means subsection 10(2) of the Radiocommunications Licence Conditions (Apparatus Licence) Determination 2015 as in force immediately before 31 March 2025.

Note: The Radiocommunications Licence Conditions (Apparatus Licence) Determination 2015, as in force immediately before 31 March 2025, is available, free of charge, from the Federal Register of Legislation at www.legislation.gov.au.

relevant document means each of the following:

AS/NZS 2772.2;
AS/NZS IEC 62232;

(d) IEC 62232;

(e) IEC 62577.

13 Condition – requirement to reassess installed transmitter after change

(1) If a radiocommunications transmitter to which section 11 has applied is changed so that section 11 no longer applies to the transmitter, the transmitter must be assessed in accordance with section 12 from the time the change occurs.

(2) Without limiting subsection (1), in this section a change to a radiocommunications transmitter includes the following:

(a) moving the transmitter to a different site;

(b) altering the amount of power fed to the transmitter’s antennas;

(i) gain; or

(ii) size; or

(iii) height above the ground or other accessible surface; or

(iv) tilt;

(d) altering the transmitter’s emission designator.

14 Multi-transmitter sites

Application

(1) This section applies to a person that operates a radiocommunications transmitter on a site that has more than one radiocommunications transmitter.

Presumption

(2) A person is presumed, unless the contrary is proved, not to have operated a radiocommunications transmitter in contravention of the condition in subsection 10(1) if:

(a) the person has made the measurements or calculations specified in subsection 12(2), for all the transmitters at the site, as a whole; and

(b) those measurements or calculations are to the effect that the operation of all those transmitters, as a whole, would comply with subsection 10(1); and

(c) the person has retained possession of documentation setting out those measurements or calculations at all times since those measurements or calculations were made.

(3) A person that keeps documentation referred to in paragraph 14(2)(c) in relation to a radiocommunications transmitter is taken to have complied with paragraph 17(1)(d) in relation to the transmitter.

Note: Paragraph 17(1)(d) deals with records containing results and methods of assessments under section 12.

15 Compliance documentation obtained before 1 March 2003 – exception to ARPANSA Standard

Application

(1) This section applies to a person that, before 1 March 2003, obtained documentation showing that:

(a) the RF field produced by a radiocommunications transmitter operated under a transmitter licence did not exceed the exposure levels mentioned in sections 6.3, 6.7 and 6.8 of AS/NZS 2772.1, as existing at the time the documentation was obtained, at a place accessible to a member of the general public; and

(b) the RF field was:

(i) measured in accordance with AS 2772.2, as existing at the time the RF field was measured; or

(ii) calculated using a model or method that was derived from the mathematical formulae mentioned in Appendix B to AS 2772.2, as existing at the time the RF field was calculated.

Low risk transmitters

(2) Subject to subsection (7), a person that:

(a) operates a radiocommunications transmitter to which subsection 11(1) applies; and

(b) operates the transmitter on a site where there is no other radiocommunications transmitter; and

is taken not to operate the transmitter in contravention of the condition in subsection 10(1).

Higher risk transmitters

(3) Subject to subsection (7), a person that:

(a) operates a radiocommunications transmitter to which subsection 12(1) applies; and

(b) operates the transmitter on a site where there is no other radiocommunications transmitter; and

is taken to have made the measurement or calculation mentioned in subsection 12(2) in relation to the transmitter.

(4) A person that:

(a) operates a radiocommunications transmitter to which subsection 12(1) applies; and

(b) keeps the documentation mentioned in subsection (1) in relation to that transmitter;

is taken to have complied with paragraph 17(1)(d) in relation to that transmitter.

Multi-transmitter sites

(5) Subject to subsection (7), a person that:

(a) operates a radiocommunications transmitter on a site with more than one radiocommunications transmitter; and

(b) keeps the documentation mentioned in subsection (1) in relation to that transmitter that:

(i) includes the results of a measurement or calculation mentioned in paragraph (1)(b); and

(ii) shows that the transmitters on the site, taken as a whole, do not exceed the exposure levels mentioned in sections 6.3, 6.7 and 6.8 of AS/NZS 2772.1, as existing at the time the documentation was obtained, at a place accessible to a member of the general public;

is taken not to operate the transmitter in contravention of the condition in subsection 10(1).

(6) A person that:

(a) operates a radiocommunications transmitter on a site with more than one radiocommunications transmitter; and

(b) keeps the documentation mentioned in paragraph (5)(b) in relation to that transmitter;

is taken to have complied with paragraph 17(1)(d) in relation to that transmitter.

When exception ceases to apply

(7) Subsections (2), (3) and (5) cease to apply to a person if there has been a change at the site after the documentation mentioned in the relevant subsection was obtained.

(8) Without limiting subsection (7), in this section, a change at a site includes the following:

(a) a change in the number of radiocommunications transmitters at the site;

(b) altering the amount of power fed to any of the antennas of a radiocommunications transmitter at the site;

(i) gain; or

(ii) size; or

(iii) height above the ground or other accessible surface; or

(iv) tilt;

(d) altering the emission designator of a radiocommunications transmitter at the site.

Definitions

(9) Despite subsection 6(1), in this section:

member of the general public means a person who is not an RF worker.

RF worker means a person who may be exposed to RF fields under controlled conditions, in the course of and intrinsic to the nature of their work.

Part 4 Record-keeping for higher risk transmitters

16 Application of Part 4

This Part applies to a radiocommunications transmitter to which section 12 applies.

17 Condition – record-keeping

(1) A person must keep the following records in relation to a radiocommunications transmitter:

(a) a declaration of conformity, for the transmitter, that includes the information mentioned in subsection (2);

(b) the name and qualifications of any person who has assessed the transmitter for compliance with this instrument;

(d) a record of the measurements or calculations made for the purposes of section 12;

(e) if subsection 12(3) applies in relation to the transmitter – a record mentioned in that subsection;

(f) the documentation mentioned in subsection 15(1) (if any) obtained by the person;

(g) details of the transmitter, including its power level, gain, size, tilt, manufacturer, model number and emission designator.

(2) For paragraph (1)(a), the information is:

(a) the person’s name, address, ABN (if any), and, if the person is a body corporate, one of the following:

(i) ACN (if any);

(ii) ARBN (if any);

(iii) incorporation or registration number under the law by which the body was incorporated; and

(b) details of the transmitter, including its location, antenna type and height above the ground or other accessible surface; and

(d) if the person is a body corporate – the name and position of the person making the declaration on behalf of the body corporate.

Note: Giving false or misleading information is a serious offence under section 137.1 of the Criminal Code.

(3) If a matter included in a declaration made for the purposes of paragraph (1)(a) changes or becomes incorrect, a new declaration must be made.

(4) For the purposes of subsection (1), a record:

(a) must be kept until the licence ceases to be in force; and

(b) must be available for inspection by the ACMA at a place nominated by the ACMA, or by a method nominated by the ACMA, after consultation with the person; and

(d) may be a copy of an original record; and

(e) may be kept in electronic form.

(5) Without limiting paragraph (4)(b), the place may be:

(a) the person’s street address, in Australia, provided on the licence application; or

(b) for a site on which more than one radiocommunications transmitter is located – at the street address of the site.

18 Condition – dispute over reliability of evaluation provided in compliance documentation

Request for report

(1) If the ACMA is not satisfied that a radiocommunications transmitter complies with section 10, the ACMA may, in writing, request the person:

(a) to have the transmitter assessed by a NATA-accredited body for compliance with section 10; and

(b) to obtain a report setting out whether or not the transmitter complies; and

(2) Before giving a request under subsection (1) in relation to a radiocommunications transmitter, the ACMA must have regard to each of the following:

(a) the location of the transmitter, and whether the transmitter is in a place that is accessible to a member of the general public;

(b) the nature of the transmitter;

Condition – compliance with request

(3) Subject to subsection (4), a person must comply with a request under subsection (1) within 30 days after the date of the request.

(4) The ACMA may extend the time for compliance with a request under subsection (1).

19 Condition – use of agent

Application

(1) This section applies if a person uses an agent:

(a) to ensure that a radiocommunications transmitter complies with this instrument; and

(b) to keep documents that the person is required to keep under this instrument.

Condition

(2) The person and the agent must keep a copy of the agency agreement for the same period that records must be kept under this instrument.