1 Name of Class Licence [see Note 1]
This Class Licence is the Radiocommunications (Low Interference Potential Devices) Class Licence 2000.
2 Commencement [see Note 1]
This Class Licence commences on gazettal.
3 Revocation
The following instruments are revoked:
(a) the Radiocommunications Class Licence (Low Interference Potential Devices) 1997;
(b) the Radiocommunications Class Licence (Low Interference Potential Devices) Variation 1998 (No. 1).
Note
A radiocommunications device supported under this Class Licence can be expected to be operating in radiofrequency spectrum also used by other radiocommunications devices (that is, it shares the spectrum with them). Devices supported under this Class Licence are typically used for communications over short distances.
By placing appropriate limits on parameters such as device type, radiated power levels and frequencies of operation, the interference potential of a low interference potential device (LIPD) may be held to a sufficiently low level that enables sharing the spectrum with other radiocommunications devices on an uncoordinated basis in most circumstances.
It is recognised that interference arising from the operation of a LIPD is still possible, although under less likely circumstances. As an aid to interference resolution in those circumstances, it is a condition of the operation of a device under this Class Licence that the device not cause interference to other radiocommunications devices; as well, a device will not be afforded protection from interference caused by other radiocommunications services (see paragraph 4 (1) (b) and Note 1 after section 4 of this Class Licence).
Should interference occur, the onus is on the user of a LIPD to take measures to resolve that interference, for example, by re‑tuning or ceasing to operate the LIPD. Some LIPDs are designed so that they are able to be re‑tuned, to assist the user in avoiding interference locally.
Some of the frequency bands mentioned in this Class Licence cover bands designated for industrial, scientific and medical (ISM) applications. ISM applications generate radio frequency energy and use it locally for non‑radiocommunications applications (eg. microwave ovens). Radiocommunications services operating in ISM‑designated bands may experience interference from ISM applications. In accordance with the internationally‑recognised arrangements for interference resolution that apply in such bands, this Class Licence notes that radiocommunications devices operating in ISM‑designated bands are not afforded protection from interference that may be caused by ISM applications (see Note 2 after section 4 of this Class Licence).
LIPDs are sometimes used for radio applications with commercial or safety‑of‑life implications. Users of such applications are encouraged to have particular regard to the suitability of operating under this Class Licence for their radiocommunications needs.
Some applications of LIPDs require that a device meet additional physical or technical requirements outside the scope of this Class Licence. The use, marketing and supply of such devices in Australia may be dependant on the approval of the appropriate regulatory body, such as the Therapeutic Goods Administration or State Government Authorities.
Manufacturers and suppliers of radiocommunications products able to be supported under this Class Licence are encouraged to have regard to the information in this note when forming advice about the suitability of their products for the intended application of the products by customers.
3A Definitions
Act means the Radiocommunications Act 1992.
coverage area, for a broadcasting station, means the area surrounding the associated television transmitter within the boundary described by the following field strength limits:
(a) UHF Band IV: 62 dBuV/metre except rural towns where the limit is 64 dBuV/metre;
(b) UHF Band V: 67 dBuV/metre.
DAB means digital audio broadcasting.
device compliance day, for a device, means the most recent of the following days:
(a) if the device was manufactured in Australia — the day it was manufactured; and
(b) if the device was manufactured overseas and imported — the day it was imported; and
(c) if the device was altered or modified in a material respect — the day it was altered or modified.
ERP means effective radiated power.
ETSI means the European Telecommunications Standards Institute.
infrared device means a radiocommunications device having a radio emission in the frequency range 187.5 THz to 420 THz.
low interference potential device means a radiocommunications device that complies with the conditions set out in this Class Licence.
maximum EIRP means the largest amount of peak equivalent isotropically radiated power that is radiated in any direction from any of the following:
(a) an antenna that is an integral part of the transmitter;
(b) an antenna that is connected to the transmitter;
(c) the surface of a specified enclosure containing the antenna;
(d) for an item in Schedule 1 that mentions an opening and an underground environment — the opening to the underground environment.
nominated distance of a specified Australian radio‑astronomy site, means:
(a) within 10 km of Parkes Observatory located near Parkes (Latitude 32° 59¢ 59.8657² S Longitude 148° 15¢ 44.3591² E); or
(b) within 10 km of Paul Wild Observatory located near Narrabri (Latitude 30° 18¢ 52.048² S Longitude 149° 32¢ 56.327² E); or
(c) within 3 km of the Canberra Deep Space Communications Complex (Latitude 35° 23¢ 54² S Longitude 148° 58¢ 40² E); or
(d) within 10 km of the Radio Astronomy Park in Western Australia (Latitude 26° 37¢ 13.4² S Longitude 117° 30¢ 40² E).
Note For the definition of other expressions used in this Class Licence, see the Act and the Radiocommunications (Interpretation) Determination 2000.
4 Class Licence
(1) This Class Licence authorises a person to operate a transmitter included in a class of transmitters mentioned in an item in Schedule 1, subject to the following conditions:
(a) the transmitter must be operated:
(i) on a frequency, or within a range of frequencies, mentioned in the item; and
(ii) at a radiated power that does not exceed the maximum EIRP mentioned in the item; and
(iii) within the limitations (if any) mentioned in the item;
(b) the transmitter’s operation must not cause interference to the operation of radiocommunications services;
(c) without limiting paragraph (1) (b), the transmitter must not be operated on a frequency, or within a range of frequencies, between 70MHz and 25.25 GHz within 70 km distance from the Murchison Radioastronomy Observatory if the transmission will cause interference with the operation of radio astronomy observations by the observatory.
Note On the day on which the Radiocommunications (Low Interference Potential Devices) Class Licence Variation 2011 (No.1) comes into force, the Murchison Radioastronomy Observatory is situated at latitude 26.704167 South, longitude 116.658889 East (GDA94).
(2) The frequency, or range of frequencies, and the maximum EIRP mentioned in an item in Schedule 1 must be construed in accordance with the interpretative provisions (if any) mentioned in the item.
Note 1 A low interference potential device will not be afforded protection from interference caused by other radiocommunications devices. A low interference potential device operated under this Class Licence is generally not expected to suffer interference. However, an individual low interference potential device may experience, from other radiocommunications devices, interference arising from the particular circumstances of the device’s operation.
Note 2 In accordance with the requirements of footnote AUS 32 and footnote 150 to the Table of Allocations in the Australian Radiofrequency Spectrum Plan, a low interference potential device will not be afforded protection from interference that may be caused by ISM applications in the ISM bands 13.553 MHz – 13.567 MHz, 26.957 MHz – 27.283 MHz, 40.66 MHz – 40.70 MHz, 918 MHz – 926 MHz, 2 400 MHz – 2 500 MHz, 5 725 MHz – 5 875 MHz and 24 000 MHz – 24 250 MHz.
Note 3 Australia/New Zealand Standard AS/NZS 2211.10:2004 details the requirements that are necessary to protect persons from radiation from laser devices, many of which are authorised by this Class Licence.
5 Standards
(1) Each of the following radiocommunications devices must comply with the Radiocommunications (Electromagnetic Radiation — Human Exposure) Standard 1999:
(a) a handset, for a cellular mobile telephone service, that has a device compliance day on or after 22 November 2000;
(b) a handset, for a cordless telephone service, that has a device compliance day on or after 22 November 2000;
(c) a land station (cradle) that:
(i) is used in a cordless telephone service; and
(ii) has a device compliance day on or after 22 November 2000.
(2) In addition, if the device compliance day for a device authorised under this class licence is:
(a) on or after the date of commencement of the Radiocommunications (Low Interference Potential Devices) Class Licence Variation 2001 (No. 1); or
(b) in relation to an infrared device — on or after 13 February 2002;
the device must comply with any standard applicable to the device on its device compliance day, as in force on that day.
Note 1 ACMA confirms that if a standard mentioned in subsection (2) is amended or replaced by another standard after the device compliance day for the device, the device need not comply with the new or amended standard.
Note 2 Section 5 of the Act provides that standard means a standard made under section 162 of that Act.