Federal Register of Legislation - Australian Government

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Licences/Radiocommunications as amended, taking into account amendments up to Radiocommunications (Class Licence) Amendment Instrument 2021 (No. 1)
Administered by: Infrastructure, Transport, Regional Development, Communications and the Arts
Registered 13 Jul 2021
Start Date 17 Jun 2021

 

Radiocommunications (Cordless Communications Devices) Class Licence 2014

 

made under subsection 132(1) of the

Radiocommunications Act 1992

 

 

Compilation No. 1

Compilation date:                              17 June 2021

Includes amendments up to:            F2021L00734

 

 

 

 

 

 

 

 

Prepared by the Australian Communications and Media Authority, Melbourne

 

 


 

About this compilation

 

This compilation

This is a compilation of the Radiocommunications (Cordless Communications Devices) Class Licence 2014 that shows the text of the law as amended and in force on 17 June 2021(the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law.  Any uncommenced amendments affecting the law are accessible on the Federal Register of Legislation (www.legislation.gov.au).  The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes.  For more information on any uncommenced amendments, see the series page on the Federal Register of Legislation for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law.  Accordingly, this compilation does not show the text of the compiled law as modified.  For more information on any modifications, see the series page on the Federal Register of Legislation for the compiled law.

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.


1              Name of class licence

                This Class Licence is the Radiocommunications (Cordless Communications Devices) Class Licence 2014.

4              Definitions

                In this Class Licence:

ARPANSA Standard means the Radiation Protection Standard for Limiting Exposure to Radiofrequency Fields – 100 kHz to 300 GHz (2021), or any standard published as a replacement of that standard, by the Australian Radiation Protection and Nuclear Safety Agency.

Note:   The ARPANSA Standard is available from the Australian Radiation Protection and Nuclear Safety Agency website at www.arpansa.gov.au.

cordless communications device means any of the following:

                 (a)   a land station or handset that uses:

(i)       a frequency greater than 1.7175 MHz and not greater than 1.7925 MHz; or

(ii)     a frequency greater than 30.0625 MHz and not greater than 30.3125 MHz; or

(iii)   a frequency greater than 39.7625 MHz and not greater than 40.250 MHz; or

(iv)   a frequency greater than 857 MHz and not greater than 861 MHz; or

(v)     a frequency greater than 861 MHz and not greater than 865 MHz; or

(vi)   Personal Handy Phone System (PHS) technology on a frequency greater than 1895 MHz and not greater than 1899.8 MHz;

                 (b)   a radiocommunications device that uses Digitally Enhanced Cordless Telecommunications (DECT) technology on a frequency greater than 1880 MHz and not greater than 1900 MHz.

Note   Land stations for subparagraph (a) (iv) are individually licensed under the Land Mobile PABX cordless telephone service licensing option — see the Radiocommunications Licence Conditions (Land Mobile Licence) Determination (No. 1) of 1997.

device compliance day, for a cordless communications device, means the most recent of the following days:

(a)    if the device was manufactured in Australia — the day the device was manufactured;

(b)   if the device was manufactured overseas and imported — the day it was imported;

(c)   if the device was altered or modified in a material respect — the day it was altered or modified.

handset means a handset for a cordless telephone service.

land station means a land station for a cordless telephone service.

technical specification means a document mentioned in Schedule 2 of this Class Licence.

wireless local loop arrangement means a commercial arrangement between a carrier or carriage service provider and a person for the service provider to provide a connection between a telecommunications network and a device owned or used by the person.

Note   For the definitions of other expressions used in this Class Licence, see the Radiocommunications Act 1992, the Radiocommunications Regulations 1993 and the Radiocommunications (Interpretation) Determination 2000. Such expressions include the following:

·            cordless telephone service

·            land station

·            radiocommunications device

4A         References to other instruments

              In this Class Licence, unless the contrary intention appears:

(a)        a reference to any other legislative instrument is a reference to that other legislative instrument as in force from time to time; and

(b)       a reference to any other kind of instrument or writing is a reference to that other instrument or writing as in force or in existence from time to time.

Note 1:     For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.

Note 2:     All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.

Note 3:     See section 314A of the Act.

5              Class licence — cordless communications devices

         (1)   This Class Licence authorises any person to operate a cordless communications device.

         (2)   The operation of the cordless communications device is subject to the conditions imposed by this Class Licence that are applicable to the device.

         (3)   The class of radiocommunications devices authorised by this Class Licence does not include devices authorised by an apparatus licence to operate for a purpose that is substantially the same as the purpose that, except for this subsection, would be authorised by this Class Licence.

6              Conditions — general

         (1)   For subsection 5 (2), it is a condition of the operation of a cordless communications device that the device:

(a)   must be used only for private purposes; and

(b)   must not be used for the provision of commercial cordless telecommunications services to the public; and

(c)   must not be used for the provision of a connection under a wireless local loop arrangement.

         (2)   If the device is a land station, the device must also comply with the Equivalent Isotropically Radiated Power limits mentioned for a land station in Schedule 1.

7              Conditions — technical requirements for 1.9 GHz band operation

         (1)   For subsection 5(2), this section applies to a land station or handset:

(a)   that operates at a frequency greater than 1880 MHz and not greater than 1900 MHz; and

(b)   for which the device compliance day is before 1 September 2007.

         (2)   The land station or handset must comply with the technical specification mentioned in an item in Schedule 2 that:

(a)   was in effect immediately before the device compliance day for the land station or handset; and

(b)   applies to the land station or handset.

         (3)   If the land station or handset is described in subsection 9(1), it must also comply with section 9.

8              Conditions — technical requirements for 861‑865 MHz operation

         (1)   For subsection 5(2), this section applies to a cordless communications device that operates at a frequency greater than 861 MHz and not greater than 865 MHz.

         (2)   The cordless communications device must comply with the technical specification mentioned in an item in Schedule 2 that:

(a)   was in effect immediately before the device compliance day for the device; and

(b)   applies to the device.

9              Conditions — PHS cordless communications devices

         (1)   For subsection 5(2), this section applies to a cordless communications device:

(a)   that employs the technology used in Personal Handy Phone Systems cordless telecommunications equipment; and

(b)   for which the device compliance day is:

                          (i)    on or after 1 July 2001; and

                         (ii)    before 1 September 2007.

         (2)   The cordless communications device must be operated at 1896.650 MHz or 1898.450 MHz for control purposes.

9A           Conditions — cordless telephone service

         (1)   For subsection 5(2), this section applies to a land station or handset used in a cordless telephone service that operates in any of the following frequency bands:

(a)   greater than 1.7175 MHz and not greater than 1.7925 MHz;

(b)   greater than 30.0625 MHz and not greater than 30.3125 MHz;

(c)   greater than 39.7625 MHz and not greater than 40.250 MHz.

         (2)   A land station or handset used in a cordless telephone service that has a device compliance day on or after 5 March 1997 and before 1 July 2001 must comply with the Radiocommunications Standard (Cordless Telephone) No. 1 of 1997 as in force on that day.

         (3)   A land station or handset used in a cordless telephone service that has a device compliance day on or after 17 September 1991 and before 5 March 1997 must comply with the Radiocommunications Standard 302 (Cordless Telephones) (Revised 1991) (Statutory Rules 1991 No. 293) as in force on 17 September 1991.

                Note   The Radiocommunications Standard 302 (Cordless Telephones) (Revised 1991) (Statutory Rules 1991 No. 293) was revoked by the Radiocommunications Standards Revocation 1999.

         (4)   A land station or handset used in a cordless telephone service that has a device compliance day before 17 September 1991 must comply with the Ministerial Standard 302 as in force on 1 December 1987.

Note   The Ministerial Standard 302 (Statutory Rules 1987 No. 237), as in force on 1 December 1987, was revoked by the Radiocommunications Standard 302 (Cordless Telephones) (Revised 1991) (Statutory Rules 1991 No. 293).

10          Condition – compliance with standards and equipment rules

            (1)  For subsection 5(2), a person must not operate a cordless communications device, or a group of cordless communications devices, under this Class Licence if the electromagnetic energy emitted by the transmitter, or group of transmitters, exceeds the general public exposure limits specified in the ARPANSA Standard in a place accessible by the public.

            (2)  For subsection 5(2), a person must not operate a cordless communications device under this Class Licence unless the device complies with:

                 (a)      if the device compliance day for the device occurs after 1 July 2001 and before the commencement of Part 1 of Schedule 4 to the Radiocommunications Legislation Amendment (Reform and Modernisation) Act 2020 – any standard applicable to it, as in force on the device compliance day;

                 (b)      if the device compliance day for the device occurs on or after the day Part 1 of Schedule 4 to the Radiocommunications Legislation Amendment (Reform and Modernisation) Act 2020 commenced – any equipment rules applicable to it, as in force on the device compliance day.

            (3)  In paragraph (2)(a), standard has the meaning given by section 5 of the Act, as in force immediately before the commencement of Part 1 of Schedule 4 to the Radiocommunications Legislation Amendment (Reform and Modernisation) Act 2020.

Note:            Part 1 of Schedule 4 to the Radiocommunications Legislation Amendment (Reform and Modernisation) Act 2020 replaces standards with equipment rules. See also item 42 of that Schedule.


Schedule 1        Equivalent Isotropically Radiated Power (EIRP) limits

(subsection 6 (2) )

  

 

Land station

Maximum EIRP

Land station using Digital Enhanced Cordless Telecommunications (average per occupied time slot)

22 dBm

Land station using Digital Enhanced Cordless Telecommunications (peak)

36 dBm

Land station using the Personal Handy Phone System (average per occupied time slot)

12.5 dBm

Land station using the Personal Handy Phone System (peak)

21.5 dBm

Note   Average per occupied time slot means the average power permitted for each time slot occupied in a channel.

 

 


Schedule 2        Technical specifications

(sections 7 and 8)

  

 

Item

Description of specification

Date of effect

1

Radio Equipment and Systems Cordless Telecommunications — CT2 CAI — number TS 019 — 1993

14 July 1993

2

Radio Equipment and Systems Cordless Telecommunications — DECT — number TS 028‑1995

4 October 1995

3

Radio Equipment and Systems Cordless Telecommunications — CT2 CAI — number TS 019 — 1997

25 June 1997

4

Radio Equipment and Systems Cordless Telecommunications — DECT — number TS 028‑1997

25 June 1997

5

Radio Equipment and Systems Cordless Telecommunications — Personal Handy Phone System (PHS) — number ACA TS 034‑1997

8 December 1997

6

Telecommunications Technical Standard (Customer Equipment for use with CT2 CA1 Cordless Telecommunications Systems — ACA TS 019 — 1997)

10 December 1997

7

Radio Equipment and Systems Cordless Telecommunications — Digital Enhanced Cordless Telecommunications (DECT) — number ACA TS 028‑1997

 

17 December 1997


 

Endnotes

Endnote 1 – About the endnotes

The endnotes provide information about this compilation and the compiled law.

Endnote 2 (Abbreviation key) sets out abbreviations that may be used in the endnotes.

Endnote 3 (Legislation history) provides information about each law that has amended (or will amend) the compiled law.  The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

Endnote 4 (Amendment history) provides information about the amendments at the provision (generally section or equivalent) level and includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law. 

It also includes information about any misdescribed amendment (that is, an amendment that does not accurately describe the amendment to be made).  If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.  If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2—Abbreviation key

ad = added or inserted

(md not incorp) = misdescribed amendment

am = amended

   cannot be given effect

amdt = amendment

mod = modified/modification

c = clause(s)

No. = Number(s)

Ch = Chapter(s)

par = paragraph(s)/subparagraph(s)

def = definition(s)

   /sub‑subparagraph(s)

Dict = Dictionary

Pt = Part(s)

disallowed = disallowed by Parliament

r = regulation(s)/rule(s)

Div = Division(s)

rep = repealed

exp = expires/expired or ceases/ceased to have effect

rs = repealed and substituted

F = Federal Register of Legislation

s = section(s)/subsection(s)

gaz = gazette

Sch = Schedule(s)

LA = Legislation Act 2003

Sdiv = Subdivision(s)

LIA = Legislative Instruments Act 2003

underlining = whole or part not

(md) = misdescribed amendment can be given effect

   commenced or to be commenced

 


Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Radiocommunications (Cordless Communications Devices) Class Licence 2014

23 December 2014
(see F2014L01800)

2 January 2015

 

Radiocommunications (Class Licence) Amendment Instrument 2021 (No.1)

11 June 2021
(see F2021L00734)

17 June 2021

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Endnote 4—Amendment history

 

Provision affected

How affected

s.2.............................................

rep. LA s.48D

s.3.............................................

rep. LA s.48C

s.4.............................................

am. F2021L00734

s.4A..........................................

ad. F2021L00734

s.9A(2), note.............................

rep. F2021L00734

s.10...........................................

rs. F2021L00734