Radiocommunications (Short Range Devices) Standard 2004

as amended

made under subsection 162(1) of the

Radiocommunications Act 1992

Compilation start date:                     17 September 2013

Includes amendments up to:            Radiocommunications (Short Range Devices) Amendment Standard 2013 (No.2)

About this compilation

The compiled instrument

This is a compilation of the Radiocommunications (Short Range Devices) Standard 2004 as amended and in force on 17 September 2013. It includes any amendment affecting the compiled instrument to that date.

This compilation was prepared on 27 September 2013.

The notes at the end of this compilation (the endnotes) include information about amending Acts and instruments and the amendment history of each amended provision.

Uncommenced provisions and amendments

If a provision of the compiled instrument has not commenced or is affected by an uncommenced amendment, the text of the uncommenced provision or amendment is set out only in the endnotes.

Application provisions for amendments

If the operation of an amendment is affected by an application provision, this provision is set out in the endnotes.

Modifications

If a provision of the compiled instrument is affected by a textual modification that is in force, the text of the modifying provision is set out in the endnotes.

Provision ceasing to have effect

If a provision of the compiled instrument has expired or otherwise ceased to have effect, or is to expire or otherwise cease to have effect, in accordance with a provision of the instrument, details of the provision are set out in the endnotes.

1 Name of Standard

                   This Standard is the Radiocommunications (Short Range Devices) Standard 2004.

2 Commencement

                   This Standard commences on the date of its notification in the Gazette.

3 Revocation

                   The following Standards are revoked:

                        ·  Radiocommunications Standard (Short Range Devices) No. 1 of 1996

                        ·  Radiocommunications Standard (Short Range Devices—9kHz to25MHz Radio Equipment and 9kHz to 30MHz Inductive Loop Systems) 1999

4 Definitions

                   In this Standard:

ACMA means the Australian Communications and Media Authority.

Act means the Radiocommunications Act 1992.

AS/NZS 4268 means a standard published by Standards Australia that includes AS/NZS 4268 in the title, as in force from time to time.

Chair means the Chair of the ACMA.

low interference potential device has the same meaning as in the Radiocommunications (Low Interference Potential Devices) Class Licence 2000, as in force from time to time.

radio controlled model means a radiocommunications device that complies with the conditions set out in the Radiocommunications (Radio-controlled Models) Class Licence 2002, as in force from time to time.

relevant AS/NZS 4268 amendment means any amendment to, or replacement of, AS/NZS 4268 so that the frequency band mentioned in row 22A of column 3 of table 1 of AS /NZS 4268 is the 520-694 MHz frequency band (instead of the 520-820 MHz frequency band).

relevant wireless audio transmitter means a wireless audio transmitter that is also a short range device.  

short range device means a radiocommunications device that:          

(a)    is manufactured in, or imported into, Australia after the commencement of this Standard; and

(b)   is of a type mentioned in column 2 of table 1 or column 2 of table 2 of AS/NZS 4268; and

(c)    is capable of being operated on:

(i)                 a frequency, or within a range of frequencies, within the frequency bands mentioned in column 3 of those tables; or

(ii)               if the device is a wireless audio transmitter and subparagraph (i) does not apply – a frequency, or within a range of frequencies, within the 694-820 MHz frequency range.

wireless audio transmitter means a radiocommunications device that is of a type mentioned in row 22A of column 2 of table 1 of AS/NZS 4268.

Note: Examples of wireless audio transmitters include, but are not limited to, wireless microphones, in-ear monitoring devices, wireless musical instrument pickups and similar short range devices.

5 Application

             (1)  This Standard applies to a radiocommunications device:

                     (a)  that is a short range device, including a low interference potential device and a radio controlled model; and

                     (b)  that is not a device mentioned in subsection (2).

Exception—device imported for significant event

             (2)  This subsection applies to a radiocommunications device that:

                     (a)  is imported in Australia solely for use in connection with a significant event; and

                     (b)  if required to be tested or inspected before it is used in Australia—meets the testing or inspection requirements; and

                     (c)  if conditions or requirements are imposed on the use of the device in Australia—complies with those conditions or requirements; and

                     (d)  is used in Australia only at the location of the significant event; and

                     (e)  is used in Australia only for the duration of the significant event.

             (3)  In this section:

significant event means an event at a specified location or locations, notified on the website www.acma.gov.au with the approval of the Chair.

6 Standard for performance

                   For paragraph 162(1)(a) of the Act, the standard for performance of short range devices is as set out in AS/NZS 4268, excluding any requirements that only apply to short range devices supplied for use under the New Zealand instrument, Radiocommunications Regulations (General User Radio Licence for Short Range Devices) Notice.

7     Effect of amendment of standard for performance

(1)  If:

(a)    a short range device (other than a relevant wireless audio transmitter to which subsection 7(3) or 7(4) applies) is manufactured, imported, altered or modified within 1 year after the standard for performance is amended or replaced; and

(b)   the device meets the standard as in force immediately before the amendment or replacement;

the device is taken to meet the standard for performance.

(2)  If a short range device (other than a relevant wireless audio transmitter to which subsection 7(3) or 7(4) applies) is manufactured, imported, altered or modified 1 year or more after the standard for performance is amended or replaced, the device must meet the standard for performance as amended or replaced.

(3)  If:

(a)    the standard for performance is amended or replaced, as a consequence of a relevant AS/NZS 4268 amendment;

(b)   a relevant wireless audio transmitter is manufactured, imported, altered or modified after the amendment or replacement but before 1 January 2014;

(c)    the transmitter is capable of being operated on a frequency, or within a range of frequencies, within the 694-820 MHz frequency range; and

(d)   the transmitter meets the standard as in force immediately before the amendment or replacement;

the transmitter is taken to meet the standard for performance.      

(4)  If:

(a)    the standard for performance is amended or replaced as a consequence of a relevant AS/NZS 4268 amendment;

(b)   a relevant wireless audio transmitter is manufactured, imported, altered or modified on or after 1 January 2014; and

(c)    the transmitter is capable of being operated on a frequency, or within a range of frequencies, within the 694-820 MHz frequency range;

      the transmitter must meet the standard for performance as amended or replaced.

Note:  To meet the standard for performance, a relevant wireless audio transmitter to which subsection 7(4) applies, would (among other things) need to be altered or modified so that it is no longer capable of being operated on a frequency, or within a range of frequencies, within the 694-820 MHz frequency range.

Endnotes

Endnote 1—Legislation history

This endnote sets out details of the legislation history of the Radiocommunications (Short Range Devices) Standard 2004.

Endnote 2—Amendment history

This endnote sets out the amendment history of the Radiocommunications (Short Range Devices) Standard 2004.

Endnote 3—Application, saving and transitional provisions

This endnote sets out application, saving and transitional provisions for amendments of the Radiocommunications (Short Range Devices) Standard 2004.

There are no application, saving or transitional provisions.

Endnote 4—Uncommenced amendments

This endnote sets out amendments of the Radiocommunications (Short Range Devices) Standard 2004 that have not yet commenced.

There are no uncommenced amendments.

Endnote 5—Misdescribed amendments

This endnote sets out amendments of the Radiocommunications (Short Range Devices) Standard 2004 that have been misdescribed.

There are no misdescribed amendments.