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Determinations/Communications as made
The determination amends the Radiocommunications Licence Conditions (Apparatus Licence) Determination 2003 to replace references to the AS Standard with references to the AS/NZS Standard. It also includes transitional mechanisms for compliance after this determination has commenced.
Administered by: Broadband, Communications and the Digital Economy
Registered 22 May 2013
Tabling HistoryDate
Tabled HR27-May-2013
Tabled Senate17-Jun-2013
Date of repeal 24 May 2013
Repealed by Division 1 of Part 5A of the Legislative Instruments Act 2003

Radiocommunications Licence Conditions (Apparatus Licence) Amendment Determination 2013 (No. 1)

Radiocommunications Act 1992

The AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY makes this Amendment Determination under paragraph 107(1)(f) of the Radiocommunications Act 1992.

Dated                              13 May 2013

Chris Chapman

[signed]

Member

 

 

Giles Tanner

[signed]

Member/General Manager

 

Australian Communications and Media Authority


1              Name of Amendment Determination

                This Amendment Determination is the Radiocommunications Licence Conditions (Apparatus Licence) Amendment Determination 2013 (No. 1).

2              Commencement

                This Amendment Determination commences on the day after it is registered.  

 

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.comlaw.gov.au.

3              Amendment of Radiocommunications Licence Conditions (Apparatus Licence) Determination 2003

                Schedule 1 amends the Radiocommunications Licence Conditions (Apparatus Licence) Determination 2003.  


Schedule 1        Amendments

(section 3)

[1]           Subsection 4(1)

insert

AS/NZS 2772.2 means the Australian/New Zealand Standard Radiofrequency fields Part 2: Principles and methods of measurement and computation — 3 kHz to 300 GHz (AS/NZS 2772.2) published by Standards Australia and Standards New Zealand.

[2]           Subsection 4(1), definition of NATA-accredited body

after

AS 2772.2

insert

or AS/NZS 2772.2

[3]           Section 10

substitute

10            Level 2 criteria

         (1)   This section applies to a transmitter to which section 9 does not apply.

         (2)   A licensee must:

                (a)    be able to show that the licensee complies with section 8 in relation to the transmitter by measuring or calculating RF fields in accordance with AS/NZS 2772.2; and

               (b)    keep records in accordance with section 15.

         (3)   If the licensee spatially averages measurements taken for paragraph (2) (a), the licensee must do so in accordance with section 2.7 of the ARPANSA standard.

 

                Measurements and calculations under AS 2772.2

         (4)   A licensee who, before the commencement day:

                (a)    measured RF fields produced by a transmitter in accordance with AS 2772.2; or

               (b)    calculated RF fields produced by a transmitter using a model or method derived from the mathematical formulae mentioned in Appendix B to AS 2772.2,

                 under the former measurement provision is taken to have complied with the requirement in paragraph (2) (a) to show compliance with section 8 in relation to the transmitter.

         (5)   In this section:

                 commencement day means the day the Radiocommunications Licence Conditions (Apparatus Licence) Amendment Determination 2013 (No. 1)  commences.

                 former measurement provision means subsection 10 (2) of the Radiocommunications Licence Conditions (Apparatus Licence) Determination 2003 as in force immediately before the commencement day. 

10A         Compliance with Determination after amendment of standard

(1)       This section applies if AS/NZS 2772.2 is amended (the amended standard).  

(2)       If the RF fields produced by a transmitter, other than a transmitter mentioned in subsection 10 (4), are measured or calculated:

                (a)    within a period less than 1 year after the date the amended standard takes effect (the amendment date); and

               (b)    in accordance with the AS/NZS 2772.2 standard as in force immediately before the amendment date,

                the transmitter is taken to comply with the amended standard.

(3)       If a transmitter, other than a transmitter mentioned in subsection 10 (4), is changed 1 year or more after the amendment date, the licensee must remeasure or recalculate the RF fields produced by the transmitter in accordance with the amended standard. 

Note  Examples of the types of changes to transmitters that will require remeasurement or recalculation are set out in subsection 11 (2). 

[4]           Subparagraph 12(1)(b)(i)

omit

subparagraph 10 (2) (a) (i) or 10 (2) (a) (ii)

substitute

paragraph (10) (2) (a)

[5]           Section 14

omit

after 31 May 2003