Let someone else use your licence

You can only let someone else use your radio licence if they are a:

• person
• government
• incorporated company

You can't let someone else use a class licence because we don't give out class licences.

You can let someone else use your licence, but you are responsible for what they do.

If we investigate, you must tell us who is using it.

In some circumstances, we may ask you to stop letting the person use your licence.

If we do this, you must tell them within 7 days. You can appeal our decision.

They can only use your licence again if we approve it.

You also have 7 days to tell the person who uses your licence if:

• the rules in your licence change
• we suspend your licence
• we cancel your licence.

There are different rules for letting someone use your:

• spectrum licence
• apparatus licence

Rules to let someone else use your spectrum licence

The person that uses your spectrum licence must:

• know their responsibilities under the Radiocommunications Act 1992 (the Act)
• know and follow the rules of your licence
• agree to follow any new rules we set for them

Section 68 of the Act sets out the rules for letting someone else use your spectrum licence.

Rules to let someone else use your apparatus licence

To let someone else use your apparatus licence, you must put your agreement in writing.

This agreement must be kept in Australia for at least one year after the agreement ends.

The person that uses your apparatus licence must:

• know their responsibilities under the Act
• have the required certifications
• know and follow the rules of your licence
• operate equipment at the location printed on your licence
• be exempt from licence fees if you are exempt
• be eligible for a concession if you are eligible

If either of you break the rules, we may suspend or cancel your licence.

The rules are detailed in:

• Section 115 of the Act
• the Limitation of Authorisation of Third Party Users and Transfer of apparatus Licences Determination 2015 (the Determination)

Special rules for certain apparatus licences

Section 114 of the Act contains special rules for letting someone else use a:

• radio multiplex transmitter
• datacasting transmitter

Special rules also apply to broadcasting licences. These are set out in the Determination.

Let someone else use your amateur apparatus licence

If you want to let someone else use your amateur apparatus licence, they must have the appropriate certification.

Let someone else use your two-way radio licence

If you sell or rent two-way radios with your frequency programmed in the radio, you must take certain steps.

This includes giving your written permission to the customer. This could be in an invoice or rental agreement. But they must have your permission in writing. 

They should know:

• the frequencies they can use
• how long you will let them use your licence
• where they can use the radio
• any other rules they must follow

You will be responsible if their radio interferes with other radios.