Commonwealth Numbered Regulations

1985 No. 195 RADIOCOMMUNICATIONS (LICENSING AND GENERAL) REGULATIONS - REG 2

2. (1) In these Regulations, unless the contrary intention appears -

"aeronautical mobile service" means a radiocommunications service that is used
principally for the purpose of the transmission of messages to and from
aircraft;

"aircraft" means -

   (a)  a machine or apparatus that can derive support in the
atmosphere from the reactions of the air or from buoyancy, not
being an air-cushion vehicle; or

   (b)  an airspace vehicle;

"aircraft station" means a station in the aeronautical mobile service, other
than a mobile (disaster plan) station, that is installed aboard an aircraft;

"amateur station" means a station -

   (a)  that employs, for radiocommunication, any frequency included
in the frequencies designated in the frequency table as a
frequency for use by the amateur service; and

   (b)  that is used without financial gain and solely for the purpose of
self-training, intercommunication and investigations in
radiocommunications;

"ambulatory station" means a station that is established for use while in
motion, or during halts at unspecified points, on land, on water or in the
air;

"AUSSAT receive-only station" means an earth station, other than an earth
station referred to in Column 2 of Item 16, 17, 18, 19, 20 or 21 in Schedule 1
-

   (a)  that accesses an Australian satellite; and

   (b)  in respect of which the Department undertakes co-ordination
procedures for the purpose of minimising interference to
reception;

"base station" means a land station in the land mobile service established
for communication with mobile stations in that service;

"coast station" means a station on land established for the purpose of
communicating with ship stations at sea and aircraft stations, being a
station an important function of which is the transmission or reception,
or the transmission and reception, of messages on behalf of the public;

"coast station, Class A (receive-only)" means a coast station used for
receiving messages transmitted by ship stations, being messages
transmitted only on very high frequency channels, and not capable of
transmitting messages of any kind;

"coast station, Class B (receive-only)" means a coast station used for
receiving messages transmitted by ship stations on other channels in
addition to, or instead of, very high frequency channels, and not
capable of transmitting messages of any kind;

"cordless telephone" means a telephone consisting of -

   (a)  a fixed base station connected by means of a cord to a switched
telephone network; and

   (b)  one or more handsets none of which is connected by a cord to
the fixed base station but by means of which communication
may be achieved through the fixed base station with the users of
other telephones in the switched telephone network by the
transmission of radio signals between the handset and the fixed
base station;

"earth station" means a station located on the surface of the earth or within
the major portion of the earth's atmosphere that is established for the
purpose of communicating with -

   (a)  any earth station by means of any satellite or other object in
space; or

   (b)  any space station;

"earth station, Class C (receive-only)" means an earth station, Class C,
used only for receiving messages and not capable of transmitting
messages of any kind;

"earth station, Class D (receive-only)" means an earth station, Class D,
used only for receiving messages and not capable of transmitting
messages of any kind;

"earth station, Class E (receive-only)" means an earth station, Class E,
used only for receiving messages and not capable of transmitting
messages of any kind;

"exterior paging service" means a radiocommunications service consisting
of -

   (a)  single transmitter using the 148-150MHz band, other than a transmitter
        operating as part of a network; and

   (b)  one or more than one receiver;

"fixed station" means a station on land established for the purpose of
communicating between fixed points but does not include an earth
station, an outpost station or a receiving land station;

"frequency table" means the publication known as the Australian Table of
Frequency Allocations (9kHz-400GHz), Edition of October 1982,
published for the Department by the Australian Government
Publishing Service;

"Government message" means a message transmitted on behalf of the
Government of the Commonwealth or the Administration of a
Territory of the Commonwealth;

"harbour" includes any estuary, navigable river, pier, jetty or other work in
or at which a ship can obtain shelter or ship or unship goods or passengers;

"high density location" means a location situated -

   (a)  within 80 kilometres of the General Post Office, Sydney, in the State
        of New South Wales;

   (b)  within 30 kilometres of the Post Office, Newcastle, in the State of
        New South Wales;

   (c)  within 30 kilometres of the Post Office, Wollongong, in the State of
        New South Wales;

   (d)  within 65 kilometres of the General Post Office, Melbourne, in the
        State of Victoria;

   (e)  within 30 kilometres of the Post Office, Geelong, in the State of
        Victoria;

   (f)  within 40 kilometres of the General Post Office, Brisbane, in the
        State of Queensland;

   (g)  within 30 kilometres of the Post Office, Surfers Paradise, in the
        State of Queensland;

   (h)  within 30 kilometres of the General Post Office, Adelaide, in the
        State of South Australia; or

        (i)    within 30 kilometres of the General Post Office, Perth, in the
               State of Western Australia;

"inshore boating service" means a maritime mobile service between limited
coast stations and ship stations operating in inshore waters;

"land mobile paging receiver" means a receiving station in the land mobile
service -

   (a)  capable of receiving messages, being paging messages, but not of
        transmitting messages of any kind; and

   (b)  suitable for carriage by hand or on the person;

"land mobile service" means a radiocommunications service that is used
principally for the purpose of the transmission of messages to, or to and
from, ambulatory stations on land, not being -

   (a)  an exterior paging service;

   (b)  an interior paging service; or

   (c)  a part of a service referred to in paragraph (a) or (b);

"land station" means a station that is established at a fixed point on land;

"licensee" means a person who is the holder of a licence;

"low density location" means a location other than a high density location;

"low duty cycle speech", in relation to a station, means that that station
transmits for less than 30 minutes per day on not more than 26 days in
any period of 12 months;

"major fixed station" means a receiving land station -

   (a)  other than an earth station, in respect of which the Department
        undertakes coordination procedures for the purpose of minimising
        interference to reception; or

   (b)  that is an earth station, Class C (receive-only), an earth station,
        Class D (receive-only) or an earth station, Class E (receive-only);

"maritime mobile service" means a radiocommunications service that is
used principally for the transmission of messages to, or to and from,
and the reception of messages by, ship stations and coast stations;

"message" includes any correspondence, communication, conversation,
information or signal, or any part of any such correspondence,
communication, conversation, information or signal, transmitted or
received by a station;

"mobile service" means a radiocommunications service between ambulatory
stations and either or both of -

   (a)  land stations; and

   (b)  other ambulatory stations;

"multipoint distribution station" means a transmitting station that provides
a one way radiocommunication of television or broadband data to
receiving land stations capable of receiving laser transmissions or to
multipoint distribution station receivers located at fixed points;

"multipoint distribution station receiver" means a receiving land station
operating on a bandwidth exceeding 8000 kilohertz, being a station
that is not capable of receiving laser transmissions;

"multipoint distribution station receiver, Class A" means a multipoint
distribution station receiver to which the Department affords
protection from interference from radiocommunications transmitters;

"multipoint distribution station receiver, Class B" means a multipoint
distribution station receiver other than a multipoint distribution
station receiver Class A;

"network" means a network of all of the stations and appliances possessed
and operated by a person in the provision of radiocommunications
services throughout Australia, where the average of the number of
frequencies that are used, or are to be used, in the operation of each
particular station and appliance multiplied by the total number of such
stations and appliances exceeds 8,000;

"outpost service" means a radiocommunications service -

   (a)  established to provide radiocommunications for communities
in remote localities in which the telecommunications service of
subscriber trunk dialling is not provided; and

   (b)  in the case of a radiocommunications service established in a
locality in which the telecommunications service of a manual
trunk telephone exchange is provided - available only for
communications that relate to -

        (i)    an emergency that involves -

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

                (B)  a serious threat to the environment; or

                (C)  risk of death of, or injury to, persons or risk of
                     substantial loss of, or substantial damage to, property;
                     or

        (ii)   participation in the education program known as the School of
               the Air;

"outside broadcast television service" means a radiocommunications service
established by -

   (a)  the Australian Broadcasting Corporation established under the
        Australian Broadcasting Corporation Act 1983;

   (b)  the Special Broadcasting Service established under the Broadcasting
        and Television Act 1942;

   (c)  a person who under that last-mentioned Act is, or is deemed to be, the
        licensee of a commercial television station; or

   (d)  a person who is, under section 89A of that Act, admitted to
        participate in any of the benefits of the licence held by a person
        referred to in paragraph (c) or to exercise any of the powers or
        authorities granted by that licence, for the transmission of vision or
        sound programs associated with outside events from a movable station
        to a studio or transmitter for broadcast to the general public;

"public correspondence" means any radiocommunication which any station must,
by reason of its being operated as a public service for the convenience of the
general public, accept for transmission;

"receiving land station" means a land station, not being a multipoint
distribution station receiver, established solely for the reception of radio
transmissions from fixed stations;

"remote control station" means a station established at a fixed location for
the remote control of a land station that is used for communicating with
mobile stations;

"remote control station, Class C" means a remote control station forming part
of a trunked land mobile service;

"Secretary" means the person for the time being occupying, or acting in, the
office the holder of which is, under the Public Service Act 1922, the
Secretary of the Department;

"ship" includes every kind of vessel or floating craft of any size, not being
a vessel or floating craft that is permanently moored;

"ship station" means a station that -

   (a)  is established aboard a ship; and

   (b)  is used primarily for radiocommunication with land stations and other
        stations established aboard ships, not being a disaster station, a
        marine rescue station or a mobile (disaster plan) station;

"station" means an installation or thing that is, or includes, a
radiocommunications transmitter or receiver;

"telemetry service" means a radiocommunications service between a central
station and remote stations -

   (a)  that employs, for transmission purposes, a single frequency exceeding
        30 megahertz and an occupied maximum bandwidth not exceeding 16
        kilohertz; and

   (b)  that is used, with or without telecommand facilities, for the purposes
        of telemetry;

"the Act" means the Radiocommunications Act 1983;

(2) A space satellite owned and operated by AUSSAT Proprietary Limited is
declared to be an Australian satellite for the purposes of the Act.

(3) Where, in these Regulations, a reference is made to a standard identified
by a number, that reference is a reference to the standard so numbered.

(4) In these Regulations -

   (a)  a reference to a private message is a reference to a message that is
        transmitted exclusively -

        (i)    by a natural person otherwise than for reward or in connection
               with the operation of a business; or

        (ii)   by a body corporate, or an unincorporated body, that -

                (A)  is formed for the purposes of providing recreation or
                     amusement or promoting a charity;

                (B)  is not carried on for the purpose of profit or gain to
                     its individual members;

                (C)  applies its profits (if any) or other income in promoting
                     its objects; and

                (D)  prohibits the making of any distribution, whether in
                     money, property or otherwise, to its members; and

   (b)  a reference to a business message is a reference to a message that is
        not a message of the kind referred to in paragraph (a).

(5) For the purposes of these Regulations and a licence granted under section
24 of the Act, an expression specified in Column 2 of an item in Schedule 1
has the meaning specified in Column 3 of that item.