Commonwealth Numbered Regulations

1995 No. 62 RADIOCOMMUNICATIONS REGULATIONS (AMENDMENT) - REG 3

3.1 Before the definition of "Act", insert:

"'27 megahertz maritime frequencies' means any of the following frequencies:

   (a)  27,680 kilohertz;

   (b)  27,720 kilohertz;

   (c)  27,820 kilohertz;

   (d)  27,860 kilohertz;

   (e)  27,880 kilohertz;

   (f)  27,900 kilohertz;

   (g)  27,910 kilohertz;

   (h)  27,940 kilohertz;

   (i)  27,960 kilohertz;

   (j)  27,980 kilohertz;".

3.2 After the definition of "Act", insert:

"'aeronautical frequencies' means frequencies specified in the
Radiocommunications Australian Spectrum Plan that may be used for the purposes
of aeronautical mobile services;
'aeronautical mobile-satellite frequencies' means frequencies specified in the
Radiocommunications Australian Spectrum Plan that may be used for the purposes
of aeronautical mobile-satellite services;
'aeronautical mobile-satellite service' means a mobile-satellite service in
which:

   (a)  mobile earth stations are located on board aircraft; and

   (b)  survival craft stations and emergency position-indicating radio beacon
        stations may participate;".

3.3 Definitions of "aircraft station", "aircraft station, Class A" and
"aircraft station, Class B": Omit the definitions, substitute:

"'aircraft station' means a station that:

   (a)  is fixed on board an aircraft; and

   (b)  is operated on aeronautical frequencies that are specified in:

        (i)    the transmitter licence that relates to the station; or

        (ii)   a technical licence specification referred to in the licence;
               and

   (c)  may be operated on aeronautical mobile-satellite frequencies or
        radiodetermination frequencies;".

3.4 Definitions of "amateur service", "amateur station", "amateur station
(unrestricted)", "amateur station (limited)", "amateur station (novice)",
"amateur station (combined limited and novice)": Omit the definitions,
substitute:

"'amateur beacon station' means a station in the amateur service that is used
for the principal purpose of identifying propagation conditions;
'amateur frequencies' means frequencies specified in the Radiocommunications
Australian Spectrum Plan that may be used for the purposes of amateur
services;
'amateur intermediate station' means an amateur station where the holder of
the transmitter licence that relates to the station is a person:

   (a)  to whom:

        (i)    a certificate of proficiency has been granted in relation to
               the Limited Amateur Operator's Examination referred to in
               regulation 16; and

        (ii)   a certificate of proficiency has been granted in relation to
               the Novice Amateur Operator's Examination referred to in
               regulation 17; or

   (b)  who holds an equivalent overseas qualification for the purposes of the
        Radiocommunications (Qualified Operators) Determination No. 1 of 1993,
        as in force on 3 April 1995;
'amateur limited station' means an amateur station where the holder of the
transmitter licence that relates to the station is a person:

   (a)  to whom a certificate of proficiency has been granted in relation to
        the Limited Amateur Operator's Examination referred to in regulation
        16; or

   (b)  who holds an equivalent overseas qualification for the purposes of the
        Radiocommunications (Qualified Operators) Determination No. 1 of 1993,
        as in force on 3 April 1995;
'amateur novice limited station' means an amateur station where the holder of
the transmitter licence that relates to the station is a person:

   (a)  to whom a certificate of proficiency has been granted in relation to
        the Novice Limited Amateur Operator's Examination referred to in
        regulation 17A; or

   (b)  who holds an equivalent overseas qualification for the purposes of the
        Radiocommunications (Qualified Operators) Determination No. 1 of 1993,
        as in force on 3 April 1995;
'amateur novice station' means an amateur station where the holder of the
transmitter licence that relates to the station is a person:

   (a)  to whom a certificate of proficiency has been granted in relation to
        the Novice Amateur Operator's Examination referred to in regulation
        17; or

   (b)  who holds an equivalent overseas qualification for the purposes of the
        Radiocommunications (Qualified Operators) Determination No. 1 of 1993,
        as in force on 3 April 1995;
'amateur repeater station' means a station established at a fixed location:

   (a)  for the reception of radio signals from amateur stations; and

   (b)  for the automatic retransmission of those signals by radio;
'amateur-satellite service' means a radiocommunications service that uses
space stations on earth satellites for purposes that are the same as the
purposes of the amateur service;
'amateur service' means a radiocommunications service established for the
purposes of self-training in radiocommunications, intercommunication using
radiocommunications and technical investigation into radiocommunications by
persons:

   (a)  who are licensed under the Act to do so; and

   (b)  who do so solely with a personal aim; and

   (c)  who have no pecuniary interest in the outcome of the operations of the
        service;

"amateur station' means a station that:

   (a)  is operated for the purposes of self-training in radiocommunications,
        intercommunication using radiocommunications and technical
        investigation into radiocommunications by persons:

        (i)    who do so solely with a personal aim; and

        (ii)   who have no pecuniary interest in the outcome of the operation
               of the station; and

   (b)  is operated on amateur frequencies or frequency bands that are
        specified in:

        (i)    the transmitter licence that relates to the station; or

        (ii)   a technical licence specification referred to in the licence;
               and

   (c)  may participate in the amateur-satellite service;
'amateur unrestricted station' means an amateur station where the holder of
the transmitter licence that relates to the station is a person:

   (a)  to whom a certificate of proficiency has been granted in relation to
        the Amateur Operator's Examination referred to in regulation 15; or

   (b)  who holds an equivalent overseas qualification for the purposes of the
        Radiocommunications (Qualified Operators) Determination No. 1 of 1993,
        as in force on 3 April 1995;".

3.5 Definition of "ambulatory station": Omit the definition, substitute:

"'ambulatory station means a land mobile station that:

   (a)  is operated principally for communications with other land mobile
        stations; and

   (b)  if permitted by the transmitter licence that relates to the land
        mobile station may communicate with:

        (i)    an aircraft station, but not on an aeronautical frequency; or

        (ii)   a maritime ship station, but not on a maritime frequency;".

3.6 Definition of "AUSSAT receive-only station": Omit the definition.

3.7 Definitions of "coast station", "coast station, Class A", "coast station,
Class A (receive-only)", "coast station, Class B" and "coast station, Class B
(receive-only)": Omit the definitions.

3.8 Definition of "disaster station": Omit the definition.

3.9 Definitions of "earth station", "earth station, Australian satellite
service", "earth station, Class A", "earth station, Class A (receive-only)",
"earth station, Class B", "earth station, Class B (receive-only)", "earth
station, Class C", "earth station, Class C (receive-only)", "earth station,
Class D", "earth station, Class D (receive-only)", "earth station, Class E"
and "earth station, Class E (receive-only)": Omit the definitions, substitute:

"'earth receive station" means an earth station that:

   (a)  is used only for receiving messages; and

   (b)  is not capable of transmitting messages of any kind; and

   (c)  may include stations that participate in the radio astronomy service;
        and

   (d)  for which the SMA undertakes coordination procedures for the purpose
        of minimising interference to reception;
'earth station' means a station that:

   (a)  is operated for the purposes of communication with:

        (i)    satellites; or

        (ii)   space stations; or

        (iii)  other earth stations at particular fixed points through
               satellites; and

   (b)  may include a mobile station:

        (i)    while the station is in motion; or

        (ii)   during halts at unspecified points on land, water or in the
               air;
'emergency position indicating radio beacon station' has the same meaning as
in the Radiocommunications Australian Spectrum Plan;".

3.10 Definition of "exterior paging service": Omit the definition.

3.11 Definition of "fixed station": Omit the definition, substitute:

"'fixed receive station' means a fixed station:

   (a)  that is used only for receiving messages; and

   (b)  that is not capable of transmitting messages of any kind; and

   (c)  for which the SMA undertakes coordination procedures for the purpose
        of minimising interference to reception;
'fixed station' means a station that:

   (a)  is located principally:

        (i)    at fixed points specified in the transmitter licence that
               relates to the station; or

        (ii)   in an area specified in the licence; and

   (b)  is operated principally for communications with stations located:

        (i)    at 1 or more other fixed points specified in the licence; or

        (ii)   in an area specified in the licence; and

   (c)  if permitted by the transmitter licence that relates to the fixed
        station may communicate with:

        (i)    an aircraft station, but not on an aeronautical frequency; and

        (ii)   a ship station, but not on a maritime frequency; and

        (iii)  a land mobile station, but not on a land mobile frequency;".

3.12 Definition of "interior paging service": Omit the definition.

3.13 Definitions of "land mobile paging receiver" and "land mobile service":
Omit the definitions, substitute:

"'land mobile frequency' means a frequency specified in the
Radiocommunications Australian Spectrum Plan that may be used for the purposes
of land mobile services;
'land mobile service' means a radiocommunications service that:

   (a)  comprises 1 or more land stations or land mobile stations; and

   (b)  is used for communications between:

        (i)    land stations and land mobile stations; or

        (ii)   land mobile stations; or

        (iii)  land mobile stations through another land station; or

        (iv)   land stations through another land station; and

   (c)  may communicate with:

        (i)    an aircraft station, but not on an aeronautical frequency; or

        (ii)   a maritime ship station, but not on a maritime frequency;
'land mobile station' means a station that is established for use:

   (a)  while the station is in motion on land; or

   (b)  during halts at unspecified points on land;".

3.14 Definition of "limited coast station": Omit the definition, substitute:

"'limited coast marine rescue station' means a maritime coast station that:

   (a)  is operated by a body declared under subregulation 43 (1) to be a body
        that is prepared to provide a comprehensive emergency
        radiocommunications service to vessels at sea without discrimination;
        and

   (b)  is used primarily for ship-to-shore and shore-to-ship communications;
        and

   (c)  is capable of transmitting on the frequencies 27,860 kilohertz and
        27,880 kilohertz; and

   (d)  maintains a listening watch on the frequency 27,880 kilohertz and on
        either or both of the frequencies 2,182 kilohertz and 156.800
        megahertz for periods of time that are consistent with the activity of
        small vessels operating in the area in which the station is located;
        and

   (e)  if the station maintains a listening watch on the frequency 2,182
        kilohertz is capable of transmitting on the frequencies 2,182
        kilohertz and 2,524 kilohertz; and

   (f)  if the station maintains a listening watch on the frequency 156.800
        megahertz is capable of transmitting on the frequencies 156.375
        megahertz and 156.800 megahertz; and

   (g)  may operate on the maritime frequencies specified in a technical
        licence specification referred to in the transmitter licence that
        relates to the station;".

3.15 Definition of "major fixed station": Omit the definition, substitute:

"'major coast receive station' means a station:

   (a)  that is used only for receiving messages transmitted by maritime ship
        stations; and

   (b)  that is not capable of transmitting messages of any kind; and

   (c)  if permitted by the transmitter licence that relates to the station
        may be used for receiving messages transmitted by aircraft and land
        mobile stations; and

   (d)  for which the SMA undertakes coordination procedures for the purpose
        of minimising interference to reception;".

3.16 Definition of "marine rescue station": Omit the definition, substitute:

"'maritime coast station' means a station:

   (a)  that is operated principally for:

        (i)    the transmission of messages to ship stations; and

        (ii)   the reception of messages from ship stations; and

   (b)  if permitted by the transmitter licence that relates to the station
        may communicate with:

        (i)    aircraft stations; and

        (ii)   land mobile stations; and

        (iii)  outpost stations; and

   (c)  that is operated on maritime frequencies;
'maritime frequencies' means frequencies specified in the
Radiocommunications-Australian Spectrum Plan that may be used for the purposes
of maritime mobile services;
'maritime mobile service' means a mobile service:

   (a)  between:

        (i)    maritime coast stations and maritime ship stations; or

        (ii)   maritime ship stations; or

        (iii)  on-board communications stations associated with a maritime
               ship station; and

   (b)  in which survival craft stations and emergency position indicating
        radio beacon stations may participate;
'maritime ship station' means a station that:

   (a)  is operated on board a ship for communicating with:

        (i)    maritime coast stations; or

        (ii)   on-board communication stations associated with the maritime
               ship station, whether or not those stations are operated on
               board ships; and

   (b)  may include equipment that is in a survival craft of the ship; and

   (c)  may include a mobile earth station on board the ship; and

   (d)  operates on maritime frequencies that are specified in:

        (i)    the transmitter licence that relates to the station; or

        (ii)   a technical licence specification referred to in the licence;
               and

   (e)  operates on maritime-mobile satellite frequencies or
        radiodetermination frequencies;".

3.17 Definition of "mobile (disaster plan) station": Omit the definition.

3.18 Definition of "mobile station": Omit the definition, substitute:

"'mobile station' means a station that is established for use:

   (a)  while the station is in motion on land, on water or in the air; or

   (b)  during halts at unspecified points on land, on water or in the air;".

3.19 Definitions of "outpost service" and "outpost station": Omit the
definitions, substitute:

"'outpost station' means a station that:

   (a)  is established for the purposes of participation in the education
        program known as the School of the Air; or

   (b)  is established to provide radiocommunications in a remote locality in
        which neither of the following telecommunications services is
        provided:

        (i)    subscriber trunk dialling;

        (ii)   a manual trunk telephone exchange; or

   (c)  if a manual trunk telephone exchange, or subscriber trunk dialling, is
        provided in a remote locality in which the outpost station is
        established is established to provide radiocommunications in the
        locality for the purposes of an emergency that involves:

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

        (ii)   a serious threat to the environment; or

        (iii)  risk of injury to, or death of, persons; or

        (iv)   risk of damage to, or substantial loss of, property;".

3.20 Definition of "paging receiver": Omit the definition.

3.21 After the definition of "penalty", insert:

"'public correspondence' means a telecommunication:

   (a)  that is accepted for transmission by a station because the station is
        available for use by the public; or

   (b)  that is accepted for transmission by a person or body because the
        person or body is required, under a licence, to accept the
        telecommunication from the public for transmission;
'Radiocommunications Australian Spectrum Plan' means the Radiocommunications
Australian Spectrum Plan as in force on 3 April 1995;
'radiodetermination frequencies' means frequencies specified in the
Radiocommunications Australian Spectrum Plan that may be used for the purposes
of radiodetermination;".

3.22 Definition of "receiving land station": Omit the definition.

3.23 Definitions of "ship station", "ship station, Class A", "ship station,
Class B" and "ship station, Class C": Omit the definitions, substitute:

"'ship station Class A' means a maritime ship station that:

   (a)  is operated solely on 27 megahertz maritime frequencies; and; and

   (b)  does not include a transmitter that is licensed to transmit public
        correspondence; and

   (c)  is not a ship station Class C;
'ship station Class B' means a maritime ship station, other than a ship
station Class C, that:

   (a)  includes a transmitter that is licensed to transmit public
        correspondence; or

   (b)  if the maritime ship station does not include a transmitter that is
        licensed to transmit public correspondence is not a ship station Class
        A;
'ship station Class C' means a maritime ship station that is equipped in
accordance with the Navigation Act 1912;".

3.24 After the definition of "Spectrum Manager", insert:

"'survival craft station' has the same meaning as in the Radiocommunications
Australian Spectrum Plan;".

3.25 Definition of "station": Omit the definition, substitute:

"'station' means an installation or thing that is, or includes either or both
of the following:

   (a)  1 or more radiocommunications transmitters;

   (b)  1 or more radiocommunications receivers;".

3.26 Definition of "Telecommunications Convention": Omit "6 November 1982.",
substitute "6 November 1982;".

3.27 Add at the end:

"'third party' means a person who does not hold an amateur station licence;
'third party traffic' means a message passed to, or on behalf of, a third
party.".