Federal Register of Legislation - Australian Government

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Licences/Other as made
This instrument amends 11 class licences to ensure that the radiocommunications devices authorised under these instruments are required to comply with all applicable standards and all applicable equipment rules once the relevant provisions of the Radiocommunications Legislation Amendment (Reform and Modernisation) Act 2020 commence and amends 10 class licences to ensure that the radiocommunications devices authorised under these instruments are required to comply with the general public exposure limits for electromagnetic energy, as set out by the Australian Radiation and Nuclear Protection Safety Agency in the Radiation Protection Standard for Limiting Exposure to Radiofrequency Fields – 100 kHz to 300 GHz (2021).
Administered by: Infrastructure, Transport, Regional Development and Communications
Registered 11 Jun 2021
Tabling HistoryDate
Tabled HR15-Jun-2021
Tabled Senate16-Jun-2021

 

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

 

The Australian Communications and Media Authority makes the following instrument under subsection 132(1) of the Radiocommunications Act 1992.

Dated: 10 June 2021

Fiona Cameron

[signed]

Member

 

Creina Chapman

[signed]

Member/General Manager

 

Australian Communications and Media Authority

 

 

 


1  Name

                   This is the Radiocommunications (Class Licence) Amendment Instrument 2021 (No. 1).

2  Commencement

                   This instrument commences on the later of the following:

                     (a)  the same time as Part 1 of Schedule 4 to the Radiocommunications Legislation Amendment (Reform and Modernisation) Act 2020 commences;

                     (b)  the day after the day the instrument is registered on the Federal Register of Legislation.

Note:    The Federal Register of Legislation may be accessed free of charge at www.legislation.gov.au.

3  Authority

                   This instrument is made under subsection 132(1) of the Radiocommunications Act 1992.

4  Amendments

                   Each class licence specified in a Schedule to this instrument is amended in the manner set out in that Schedule.


Schedule 1

(section 4)

Radiocommunications (27 MHz Handphone Stations) Class Licence 2015 (F2015L01441)

1  Subsection 3(1)

Insert:

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.

2  Subsection 3(2)

Repeal the subsection, including both notes.

3  After section 3

Insert:

3A  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.

4  Section 8

Repeal the section, including the note, substitute:

8  Conditions – compliance with standards and equipment rules

             (1)  A person must not operate a handphone station under this Class Licence unless the station complies with:

                     (a)  if the device compliance day for the station occurs 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 station 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.

             (2)  A person must not operate a handphone station, or a group of handphone stations, under this Class Licence if the electromagnetic energy emitted by the station, or group of stations, exceeds the general public exposure limits specified in the ARPANSA Standard in a place accessible by the public.

             (3)  In paragraph (1)(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 2

(section 4)

Radiocommunications (Aircraft and Aeronautical Mobile Stations) Class Licence 2016 (F2016L01294)

1  Subsection 4(1)

Insert:

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.

device compliance day for a station means the most recent of the following days:

                     (a)  if the station was manufactured in Australia – the day the station was manufactured;

                     (b)  if the station was manufactured overseas and imported – the day it was imported;

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

2  Subsection 4(1), note 1

Omit:

·         standard (see section 7)

3  Subsection 4(2)

Repeal the subsection, including both notes.

4  After section 4

Insert:

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  Section 6

Repeal the section, substitute:

6  Compliance with specifications, equipment compliance requirements, standards and equipment rules

             (1)  A person must not operate an aircraft station or aeronautical mobile station under this Class Licence unless:

                     (a)  if the device compliance day for the station occurs before 18 August 2016 – each device included in the station complies with section 6 of the Radiocommunications (Aircraft and Aeronautical Mobile Stations) Class Licence 2006 as in force immediately prior to that date; or

                     (b)  if the device compliance day for the station occurs on or after 18 August 2016, but before the day that Part 1 of Schedule 4 to the Radiocommunications Legislation Amendment (Reform and Modernisation) Act 2020 commenced – each device included in the station complies with any standard applicable to it, as in force on the device compliance day; or

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

                     Note: The Radiocommunications (118 MHz to 137 MHz Amplitude Modulated Equipment – Aeronautical Radio Service) Standard 2012, the Radiocommunications (406 MHz Satellite Distress Beacons) Standard 2014 and the Radiocommunications (VHF Radiotelephone Equipment – Maritime Mobile Service) Standard 2018 were standards that may have applied to aircraft stations and aeronautical mobile stations for the purposes of paragraph (b), and are equipment rules that may apply to aircraft stations and aeronautical mobile stations for the purposes of paragraph (c).

             (2)  A person must not operate an aircraft station or aeronautical mobile station under this Class Licence unless each device included in the station complies with the requirements that apply to the device as specified in the ‘AS/NZS IEC 62287.1:2007: Maritime navigation and radiocommunications equipment and systems – Class B shipborne equipment of the Automatic Identification System (AIS) – Part 1: Carrier-sense time division multiple access (CSTDMA) techniques’ (other than clause 6.5.2), published by Standards Australia, as in existence from time to time, or another document published by Standards Australia that replaces that document.

Note1:      The AS/NZS IEC 62287.1:2007 Maritime navigation and radiocommunications equipment and systems – Class B shipborne equipment of the Automatic Identification System (AIS) is available for a fee from SAI Global Pty Limited’s website https://infostore/saiglobal.com/ or may be viewed at an office of the ACMA on request and subject to licensing conditions.

Note 2:     If a radiocommunications device is required to be fitted to, or carried on, an aircraft under any civil aviation instrument, it must also comply with any relevant requirements under that civil aviation instrument.

Note 3:     Clause 6.5.2 of the ‘AS/NZS IEC 62287.1:2007 Maritime navigation and radiocommunications equipment and systems – Class B shipborne equipment of the Automatic Identification System (AIS), Part 1: Carrier-sense time division multiple access (CSTDMA) techniques’ sets out the information reporting intervals that must be used when operating Class B shipborne equipment of the Automatic Identification System (AIS).

Note 4:     It is permissible to use information reporting intervals of no less than 2 seconds if operating VHF international marine mobile service equipment for the purposes of search and rescue or the safe and expeditious conduct of a flight.

             (3)  In paragraph (1)(b), 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.

6A  Condition – compliance with ARPANSA Standard

                   A person must not operate an aircraft station or an aeronautical mobile station, or a group of aircraft stations or aeronautical mobile stations, under this Class Licence if the electromagnetic energy emitted by the station, or group of stations, exceeds the general public exposure limits specified in the ARPANSA Standard in a place accessible by the public.


Schedule 3

(section 4)

Radiocommunications (Cellular Mobile Telecommunications Devices) Class Licence 2014 (F2014L01794)

1  Section 3

Insert:

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.

2  After section 3

Insert:

3A  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.

3  Section 9

Repeal the section, substitute:

9  Condition – compliance with standards and equipment rules

             (1)  A person must not operate a radiocommunications device under this Class Licence unless the device complies with:

                     (a)  if the device compliance day for the device occurs on or after 1 March 2003 but 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.

             (2)  A person must not operate a radiocommunications device, or a group of radiocommunications devices, under this Class Licence if the electromagnetic energy emitted by the device, or group of devices, exceeds the general public exposure limits specified in the ARPANSA Standard in a place accessible by the public.

             (3)  In paragraph (1)(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 4

(section 4)

Radiocommunications (Citizen Band Radio Stations) Class Licence 2015 (F2015L00876)

1  Subsection 4(1)

Insert:

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.

2  Subsection 4(2)

Repeal the subsection, including both notes.

3  After section 4

Insert:

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.

4  Section 10

Repeal the section, substitute:

10  Conditions – compliance with standards and equipment rules

             (1)  A person must not operate a CB station under this Class Licence unless the station complies with:

                     (a)  if the device compliance day for the station occurs 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 station 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.

             (2)  A person must not operate a CB station, or a group of CB stations, under this Class Licence if the electromagnetic energy emitted by the station, or group of stations, exceeds the general public exposure limits specified in the ARPANSA Standard in a place accessible by the public.

             (3)  In paragraph (1)(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 5

(section 4)

Radiocommunications (Communication with Space Object) Class Licence 2015 (F2015L01486)

1  Subsection 4(1)

Insert:

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.

device compliance day for a station means the most recent of the following days:

                     (a)  if the station was manufactured in Australia – the day the station was manufactured;

                     (b)  if the station was manufactured overseas and imported – the day it was imported;

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

2  Subsection 4(1), definition of standard

Omit the definition.

3  Subsection 4(2)

Repeal the subsection.

4  After section 4

Insert:

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  Section 7, heading

Omit the heading, substitute:

7  Equipment rules and Resolutions

6  Subsection 7(1)

Repeal the subsection, substitute:

             (1)  A person must not operate a station under this class licence unless the station complies with:

                     (a)  if the device compliance day for the station occurs 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 station 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.

7  After subsection 7(2)

Add:

             (3)  A person must not operate a station, or a group of stations, to which this class licence applies if the electromagnetic energy emitted by the station, or group of stations, exceeds the general public exposure limits specified in the ARPANSA Standard in a place accessible by the public.

             (4)  In paragraph (1)(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 6

(section 4)

Radiocommunications (Cordless Communications Devices) Class Licence 2014 (F2014L01800)

1  Section 4

Insert:

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.

2  Section 4, note

Omit:

·         standard

3  After section 4

Insert:

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.

4  Subsection 9A(2), note

Omit the note.

5  Section 10

Repeal the section, including the notes, substitute:

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 7

(section 4)

Radiocommunications (Emergency Locating Devices) Class Licence 2016 (F2016L01399)

1  Subsection 5(1)

Insert:

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.

2  Subsection 5(2) and note 1

Repeal the subsection and note 1.

3  After section 5

Insert:

5A  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.

4  Section 11

Repeal the section, substitute:

11  Conditions – compliance with standards and equipment rules

             (1)  A person must not operate a radiocommunications device under this class licence unless the device complies with:

                     (a)  if the device compliance day for the device occurs 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.

             (2)  A person must not operate a radiocommunications device, or group of radiocommunications devices, under this class licence if the electromagnetic energy emitted by the device, or group of devices, exceeds the general public exposure limits specified in the ARPANSA Standard in a place accessible by the public.

             (3)  In paragraph (1)(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 8

(section 4)

Radiocommunications (Maritime Ship Station — 27 MHz and VHF) Class Licence 2015 (F2015L01197)

1  Subsection 4(1)

Insert:

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.

2  Subsection 4(2)

Repeal subsection, including the notes.

3  After section 4

Insert:

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.

4  Section 6

Repeal the section, including the notes, substitute:

6  Conditions – compliance with equipment specifications, standards and equipment rules

             (1)  A person must not operate a maritime ship station, or group of maritime ship stations, under this Class Licence if the electromagnetic energy emitted by the station, or group of stations, exceeds the general public exposure limits specified in the ARPANSA Standard in a place accessible by the public.

             (2)  A person must not operate a maritime ship station under this Class Licence unless the station complies with:

                     (a)  if the device compliance day for the station occurs before 31 July 2015 – a technical specification, equipment compliance requirement or standard, as in force on the device compliance day, that:

                              (i)  is mentioned in Schedule 1; and

                             (ii)  applies to the station; or

                     (b)  if the device compliance day for the station occurs on or after 31 July 2015 and before the commencement of Part 1 of Schedule 4 of the Radiocommunications Legislation Amendment (Reform and Modernisation) Act 2020:

                              (i)  a technical specification, equipment compliance requirement or standard, as in force on the device compliance day, that is mentioned in Schedule 1 and applicable to it; and

                             (ii)  any standard applicable to it, as in force on the device compliance day;

                     (c)  if the device compliance day for the station occurs on or after the day Part 1 of Schedule 4 to the Radiocommunications Legislation Amendment (Reform and Modernisation) Act 2020 commenced:

                              (i)  a technical specification, equipment compliance requirement or equipment rule, as in force on the device compliance day, that is mentioned in Schedule 1 and applicable to it; and

                             (ii)  any equipment rule applicable to it, as in force on the device compliance day.

             (3)  In paragraphs (2)(a) and (b), 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.

5  Schedule 1, heading

Omit “and standards”.

 


Schedule 9

(section 4)

Radiocommunications (Radio-controlled Models) Class Licence 2015 (F2015L00497)

1  Section 3

Insert:

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.

2  After section 3

Insert:

3A  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.

3  Section 8

Repeal the section, including the notes, substitute:

8  Conditions – compliance with standards and equipment rules

             (1)  A person must not operate a radiocommunications device under this Class Licence unless the device complies with:

                     (a)  if the device compliance day for the device occurs 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.

             (2)  A person must not operate a radiocommunications device, or group of radiocommunications devices, under this Class Licence if the electromagnetic energy emitted by the device, or group of devices, exceeds the general public exposure limits specified in the ARPANSA Standard in a place accessible by the public.

             (3)  In paragraph (1)(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 10

(section 4)

Radiocommunications (Public Safety and Emergency Response) Class Licence 2013 (F2013L00827)

1  Subsection 3(1)

Insert:

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.

2  After section 3

Insert:

3A  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.

3  After section 14

Insert:

15  Conditions – compliance with ARPANSA Standard

                   A person must not operate a radiocommunications device, or a group of radiocommunications devices, under this Class Licence if the electromagnetic energy emitted by the device, or group of devices, exceeds the general public exposure limits specified in the ARPANSA Standard in a place accessible by the public.


Schedule 11

(section 4)

Radiocommunications (Low Interference Potential Devices) Class Licence 2015 (F2015L01438)

1  Subsection 3A(1), definition of ARPANSA Standard

Repeal the definition, substitute:

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.

2  Subsection 3A(1), Note 1

Insert:

·         equipment rules (see section 5)

3  Subsection 3A(1), Note 1

Omit:

·         standard (see section 5)

4  Subsection 4(2)

Omit “standard”, substitute “document”.

5  Subsection 4(3)

Omit “standard”, substitute “document”.

6  Section 5, heading

Omit “Standards”, substitute “Equipment rules”.

7  Subsection 5(3)

Repeal the subsection (including notes), substitute:

             (3)  In this section, applicable instrument, in relation to a transmitter, means either:

                     (a)  equipment rules that apply to the transmitter; or

                     (b)  an international instrument that applies to the transmitter that is mentioned in column 2 of an item in Schedule 2 for a transmitter mentioned in column 1 of the item.

Note 1:     The upper and lower limits of the permitted operating frequency band mentioned in column 2 of an item in Schedule 1 apply to a transmitter mentioned in column 1 of the item, irrespective of any frequency limits specified in any applicable instrument for the transmitter.

Note 2:     The full titles and sources for an international instrument that is an applicable instrument mentioned in column 4 (Limitations) of the table in Schedule 1 are set out in Schedule 2.

Note 3:     If a device is labelled with the Regulatory Compliance Mark or C-Tick compliance mark, it is a representation by the supplier that the device, as supplied, complies with any standard or equipment rule that applies to the device at the time the device is supplied.

Note 4:     A reference to equipment rules is to equipment rules made by the ACMA under section 156 of the Act. This Class Licence also requires transmitters to comply with instruments that set requirements for performance, including instruments produced by the ETSI and the FCC.

Note 5:     An applicable instrument for a transmitter may be amended over time, or may incorporate amendments to other instruments. A person who wishes to operate a transmitter should check the ACMA’s equipment rules and other instruments to determine which version of the applicable instrument applies to the transmitter.


Schedule 12

(section 4)

Radiocommunications (Radionavigation—Satellite Service) Class Licence 2015 (F2015L01510)

1  Subsection 3(1)

Insert:

device compliance day for an RNSS receiver means the most recent of the following days:

                     (a)  if the RNSS receiver was manufactured in Australia – the day the RNSS receiver was manufactured;

                     (b)  if the RNSS receiver was manufactured overseas and imported – the day it was imported;

                     (c)  if the RNSS receiver was altered or modified in a material respect – the day it was altered or modified.

2  Subsection 3(1), definition of standard

Repeal the definition.

3  After section 3

Insert:

3A  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.

4  Section 5

Repeal the section, substitute:

5  Standards and equipment rules

             (1)  A person must not operate an RNSS receiver under this class licence unless the RNSS receiver complies with:

                     (a)  if the device compliance day for the RNSS receiver occurs 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 RNSS receiver 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.

             (2)  In paragraph (1)(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 13

(section 4)

Radiocommunications (Intelligent Transport Systems) Class Licence 2017 (F2018L00026)

1  Subsection 4(1), definition of ARPANSA Standard

Repeal the definition, substitute:

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.

2  Subsection 4(1), Note 1

Insert:

·         equipment rules

3  Subsection 4(1), Note 1

Omit:

·         standard

4  Subsection 7(1)

Repeal the subsection (including the notes), substitute:

             (1)  A person must not operate an ITS station under this instrument unless the ITS station complies with any equipment rules that apply to the ITS station.

Note 1:     The upper and lower limits of the permitted operating frequency band mentioned in subparagraph 6(1)(a)(i) apply to an ITS station, irrespective of any frequency limits specified in any applicable instrument for the transmitter.

Note 2:     If a device is labelled with the RCM under the Radiocommunications (Compliance Labelling – Devices) Notice 2014, or under the applicable equipment rules, it is a representation by the supplier that the device, as supplied, complies with any standard or equipment rule that applies to the device at the time the device is supplied.

Note 3:     Equipment rules may be amended over time, or may incorporate amendments to other instruments. A person who wishes to operate a transmitter should check the ACMA’s equipment rules and other instruments to determine which version applies to the transmitter.