Radiocommunications (Radio-controlled Models) Class Licence 2015

Link to law: https://www.comlaw.gov.au/Details/F2015L00497

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Radiocommunications (Radio-controlled Models) Class Licence 2015
The AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY issues this Class Licence under subsection 132 (1) of the Radiocommunications Act 1992.
Dated 27th March 2015
Chris Chapman
[signed]
Member
 
Richard Bean
[signed]
Member/General Manager

Australian Communications and Media Authority
  
  
1              Name of Class Licence
                This Class Licence is the Radiocommunications (Radio-controlled Models) Class Licence 2015.
2              When Class Licence comes into force
                This Class Licence comes into force on the later of:
                (a)    the day after it is registered;
               (b)    the day on which it is published in the Gazette.
Note 1   All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003.  See http://www.frli.gov.au.
Note 2   Both (a) and (b) must occur for this Class Licence to come into force.
3              Definitions
                In this Class Licence:
device compliance day, for a radiocommunications device used to control model aircraft, model landcraft or model watercraft, means the most recent of the following days:
                (a)    if the radiocommunications device was manufactured in Australia — the day the radiocommunications device was manufactured;
               (b)    if the radiocommunications device was manufactured overseas and imported — the day it was imported;
                (c)    if the radiocommunications device was altered or modified in a material respect — the day it was altered or modified.
29 MHz band means the frequency band greater than 29.72 MHz and not exceeding 30 MHz.
36 MHz band means the frequency band greater than 36 MHz and not exceeding 36.6 MHz.
Note   In accordance with paragraph 13(1)(b) of the Legislative Instruments Act 2003, terms used in this Determination have the same meaning as in the Radiocommunications Act 1992, unless the contrary intention appears.  In accordance with section 64 of the Australian Communications and Media Authority Act 2005, terms used in this Determination have the meaning given by the Radiocommunications (Interpretation) Determination 2015, unless the contrary intention appears.
4              Revocation
                The Radiocommunications (Radio-controlled Models) Class Licence 2002 [F2005B00234] is revoked.
5              Class Licence
         (1)   Subject to sections 6, 7 and 8, this Class Licence authorises any person to operate a radiocommunications device to control model aircraft, model landcraft or model watercraft.
         (2)   In sections 6, 7 and 8, radiocommunications device means a radiocommunications device to which this Class Licence applies.
6              Condition — interference
                The operation of a radiocommunications device under this Class Licence must not cause interference to the operation of radiocommunications services.
7              Conditions — 29 MHz band or 36 MHz band
                The operation of a radiocommunications device that operates in the 29 MHz band or 36 MHz band is subject to the following conditions:
                (a)    the radiocommunications device must operate on a carrier frequency in the 29 MHz band or the 36 MHz band, with a maximum EIRP greater than 300 milliwatts and not exceeding 1 watt;
               (b)    subject to paragraph (d), if the radiocommunications device is operated on a carrier frequency in the 36 MHz band, it may do so only on a carrier frequency obtained by using the formula:
                        where n is a whole number that is at least 1 and does not exceed 30;
                (c)    a carrier frequency using the formula specified in paragraph (b) may be used only for operation of a radiocommunications device that is used to control model aircraft or model watercraft;
               (d)    if a radiocommunications device is used to control model aircraft on a carrier frequency in the 36 MHz band, it may, in addition to being permitted to operate on a carrier frequency using the formula specified in paragraph (b), be operated on a carrier frequency obtained by using the formula:
                        where n is a whole number that is at least 1 and does not exceed 29.
8              Standards
         (1)   If the device compliance day for a radiocommunications device occurs on or after the day on which this Class Licence comes into force, the radiocommunications device must comply with any standard applicable to it as in force on that day.
Note 1   If an applicable standard mentioned in this section is amended or replaced by another standard following the device compliance day for the radiocommunications device, the radiocommunications device need not comply with the amended or replaced standard.
Note 2   Section 5 of the Radiocommunications Act 1992 defines standard to mean a standard made under section 162 of the Act.
         (2)   If the device compliance day for a radiocommunications device occurs in the period:
                (a)    commencing on 7 February 2002; and
               (b)    ending immediately before the day on which this Class Licence comes into force;
                the radiocommunications device must comply with any standard applicable to it as in force on that day.
Note 1   If an applicable standard mentioned in this section is amended or replaced by another standard following the device compliance day for the radiocommunications device, the radiocommunications device need not comply with the amended or replaced standard.  
Note 2   Section 5 of the Radiocommunications Act 1992 defines standard to mean a standard made under section 162 of the Act.
Note 3 Subsection 8(2) imposes the same requirement on radiocommunications devices that was imposed on devices by section 8 of the Radiocommunications (Radio-controlled Models) Class Licence 2002.