Radiocommunications (Electromagnetic Radiation – Human Exposure) Standard 2014

made under subsection 162(1) of the

Radiocommunications Act 1992

Compilation No. 2

Compilation date:    15 April 2020

Includes amendments up to:  F2020L00423

Prepared by the Australian Communications and Media Authority, Melbourne

About this compilation

This compilation

This is a compilation of the Radiocommunications (Electromagnetic Radiation – Human Exposure) Standard 2014 that shows the text of the law as amended and in force on 15 April 2020 (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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 Standard

  This Standard is the Radiocommunications (Electromagnetic Radiation — Human Exposure) Standard 2014.

4 Object of Standard

  This Standard regulates the performance of particular radiocommunications transmitters to protect the health and safety of persons who may be exposed to electromagnetic radiation from such transmitters.

5 Definitions

 (1) In this Standard:

Act means the Radiocommunications Act 1992.

ARPANSA Standard means:

(a)      the Radiation Protection Standard for Maximum Exposure Levels to Radiofrequency Fields – 3 kHz to 300 GHz published by the Australian Radiation Protection and Nuclear Safety Agency; or

(b)      if a later document published by the Australian Radiation Protection and Nuclear Safety Agency is expressed to replace the standard mentioned in paragraph (a) – the later document.

Note The ARPANSA Standard may be obtained from the Australian Radiation Protection and Nuclear Safety Agency website http://www.arpansa.gov.au.

AS/NZS 2772.2 means:

(a)     the Australian Standard/New Zealand Standard AS/NZS 2772.2:2016 Radiofrequency fields: Part 2: Principles and methods of measurement and computation – 3 kHz to 300 GHz, published by Standards Australia; or

(b)     if a later document published by Standards Australia is expressed to replace the standard mentioned in paragraph (a) – the later document.

Note AS/NZS 2772.2 may be obtained for a fee from a Standards Australia distributor listed on the Standards Australia website (https://www.standards.org.au/search-for-a-standard) or or can otherwise be made available for viewing on prior request at an ACMA office, subject to licensing conditions.

aware user device means a hand-held or body-worn radiocommunications transmitter that operates on a push-to-talk basis and is intended for use as:

(a) an ambulatory station; or

(b) a land mobile system station; or

(c) a maritime ship station; or

(d) a citizens band radio station; or

(e) an amateur station.

basic restrictions means the restrictions in Tables 2 and 6, including the notes to Tables 2 and 6, of section 2.3 of the ARPANSA Standard.

device means a mobile station that section 6 of this Standard applies to.

EN 62209-1 means:

(a)     the Measurement procedure for the assessment of specific absorption rate of human exposure to radio frequency fields from hand-held and body-mounted wireless communication devices – Part 1: Devices used next to the ear (Frequency range of 300 MHz to 6 GHz), published by the European Committee for Electrotechnical Standardisation (CENELEC); or

(b)     if a later document published by the European Committee for Electrotechnical Standardisation (CENELEC) is expressed to replace the document mentioned in paragraph (a) – the later document.

Note EN 62209‑1 is a European Union harmonised standard based on IEC 62209‑1, a standard developed by Technical Committee TC106 of the International Electrotechnical Commission (IEC). Australia has active representation on TC106 through the participation of Standards Australia (http://www.standards.org.au/). EN 62209-1 may be obtained for a fee from a Standards Australia distributor listed on the Standards Australia website (https://www.standards.org.au/search-for-a-standard) or can otherwise be made available for viewing on prior request at an ACMA office, subject to licensing conditions.

EN 62209-2 means:

(a)     Human exposure to radio frequency fields from hand-held and body-mounted wireless communication devices — Human models, instrumentation, and procedures — Part 2: Procedure to determine the specific absorption rate (SAR) for wireless communication devices used in close proximity to the human body (frequency range of 30 MHz to 6 GHz), published by the European Committee for Electrotechnical Standardisation (CENELEC); or

(b)     if a later document published by the European Committee for Electrotechnical Standardisation (CENELEC) is expressed to replace the document mentioned in paragraph (a) – the later document.

Note EN 62209‑2 is a European Union harmonised standard based on IEC 62209‑2, a standard developed by Technical Committee TC106 of the International Electrotechnical Commission (IEC). Australia has active representation on TC106 through the participation of Standards Australia (http://www.standards.org.au/). EN 62209-2 may be obtained for a fee from a Standards Australia distributor listed on the Standards Australia website (https://www.standards.org.au/search-for-a-standard) or can otherwise be made available for viewing on prior request at an ACMA office, subject to licensing conditions.

human body means the head, neck and trunk but not the limbs.

IEC 62209-1 means:

(a)     the Measurement procedure for the assessment of specific absorption rate of human exposure to radio frequency fields from hand-held and body-mounted wireless communication devices – Part 1: Devices used next to the ear (Frequency range of 300 MHz to 6 GHz), published by the International Electrotechnical Commission (IEC); or

(b)     if a later document published by the International Electrotechnical Commission (IEC) is expressed to replace the document mentioned in paragraph (a) – the later document.

Note IEC 62209-1 was developed by Technical Committee TC106 of the International Electrotechnical Commission (IEC). Australia has active representation on TC106 through the participation of Standards Australia (http://www.standards.org.au/). IEC 62209-1 may be obtained for a fee from a Standards Australia distributor listed on the Standards Australia website (https://www.standards.org.au/search-for-a-standard) or can otherwise be made available for viewing on prior request at an ACMA office, subject to licensing conditions.

IEC 62209-2 means:

(a)     Human exposure to radio frequency fields from hand-held and body-mounted wireless communication devices — Human models, instrumentation, and procedures — Part 2: Procedure to determine the specific absorption rate (SAR) for wireless communication devices used in close proximity to the human body (frequency range of 30 MHz to 6 GHz), published by the International Electrotechnical Commission (IEC); or

(b)     if a later document published by the International Electrotechnical Commission (IEC) is expressed to replace the document mentioned in paragraph (a) – the later document.

Note IEC 62209-2 was developed by Technical Committee TC106 of the International Electrotechnical Commission (IEC). Australia has active representation on TC106 through the participation of Standards Australia (http://www.standards.org.au/). IEC 62209-2 may be obtained for a fee from a Standards Australia distributor listed on the Standards Australia website (https://www.standards.org.au/search-for-a-standard) or can otherwise be made available for viewing on prior request at an ACMA office, subject to licensing conditions.

IEC TR 63170 means:

(a)     IEC TR 63170:2018 – Measurement procedure for the evaluation of power density related to human exposure to radio frequency fields from wireless communication devices operating between 6 GHz and 100 GHz, published by the International Electrotechnical Commission (IEC); or

(b)     if a later document published by the International Electrotechnical Commission (IEC) is expressed to replace the document mentioned in paragraph (a) – the later document.

Note IEC TR 63170 may be obtained for a fee from a Standards Australia distributor listed on the Standards Australia website  (https://www.standards.org.au/search-for-a-standard) or can otherwise be made available for viewing on prior request at an ACMA office, subject to licensing conditions.

integral antenna means an antenna:

 (a) permanently attached to equipment; or

 (b) intended for direct attachment to a fixed connector on equipment, without the use of an external cable.

mobile station means a radiocommunications transmitter that is established for use:

 (a) in motion, whether on land, on water or in the air; or

 (b) in a stationary position at unspecified points whether on land, on water or in the air.

Examples of a mobile station

1   A wireless modem operating in a laptop computer.

2   A hand–held cellular or PCS telephone with a radiating antenna in the handpiece.

non‑aware user device means a device other than an aware user device.

normal position of use, of a device, means:

 (a) the position specified in the measurement method applicable to the device under section 9, 10 or 11; or

 (b) if paragraph (a) does not apply, the common use spatial orientation of the device with respect to the user; or

 (c) if paragraphs (a) and (b) do not apply, the spatial orientation of the device with respect to the user recommended by the manufacturer.

old standard means the Radiocommunications (Electromagnetic Radiation — Human Exposure) Standard 2003 as in force immediately before the commencement of this Standard.

reference levels means the reference levels in Tables 7 and 8, including the notes to Tables 7 and 8, of section 2.4 of the ARPANSA Standard.

RF field means a physical field that specifies the electric and magnetic states of a medium or free space, quantified by the vectors representing the electric field and the magnetic field.

simultaneous multi-band transmission mode, in relation to a device means an operating mode allowing the device to transmit on more than one frequency band simultaneously.  

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) A term that is:

(a) used (but not defined) in this Standard; and

(b) defined in the Glossary of the ARPANSA Standard;

has the meaning given by that Glossary.

6 Application of Standard: general

 (1) This Standard applies to a mobile station that:

 (a) on or after the commencement of this Standard, is:

(i)    manufactured or imported; or

(ii)  altered or modified in a material respect; and

 (b) is capable of operating in the frequency band 100kHz to 300GHz (inclusive); and

 (c) has an integral antenna; and

 (d) is not intended to be used as an Emergency Position Indicating Radio Beacon (EPIRB) or distress beacon.

 (2) However, this Standard does not apply to a mobile station that is:

 (a) used solely as equipment, or as part of a weapons system, used by the Defence Force; or

 (b) used solely as equipment, or as part of a weapons system, used by the defence force of another country that is conducting operations with the Defence Force; or

 (c) used solely for law enforcement activities by any of the following bodies:

 (i) the Australian Federal Police;

 (ii) the Australian Crime Commission;

 (iii) the New South Wales Crime Commission;

 (iv) the Independent Commission Against Corruption of New South Wales;

 (v) the Police Integrity Commission of New South Wales;

 (vi) the Crime and Misconduct Commission of Queensland;

 (vii) the Independent Commissioner Against Corruption of South Australia;

 (viii) the Corruption and Crime Commission of Western Australia; or

 (d) used solely for law enforcement activities by a body that:

 (i) is not mentioned in paragraph (c); and

 (ii) is responsible for criminal law enforcement, and established by or under a law of the Commonwealth, a State or a Territory; or

 (e) used solely for law enforcement activities by a body that:

 (i) is not mentioned in paragraph (c); and

 (ii) provides support for law enforcement in Australia; and

 (iii) is responsible or accountable to the Australian Police Ministers’ Council for the performance of that function; or

 (f) an aware user device or non‑aware user device that is not mentioned in subsections 9(1), 9B(1), 10(1), 10A(1) or 11(1).

Note 1   Exemptions from the operation of the Act are also provided for in:

(a) the Act (subsections 24 (1) and (2) and section 25); and

(b) the Radiocommunications Regulations 1993 (regulation 6).

The exemptions relate to activities of the Defence Force, the Australian Security Intelligence Service and the Australian Security Intelligence Organisation.  Section 6 of this Standard is not intended to limit those exemptions.

Note 2   The application of this Standard to a device under this section is not relevant to the definition of non‑standard device in section 9 of the Act because the status of the device (as standard or non‑standard) was established when the device was last manufactured, imported, altered or modified.

7 Transitional arrangements for one year after commencement of the Standard

 (1) If a device to which this Standard applies is manufactured or imported not later than 12 months after the commencement of this Standard, the device will be taken to comply with this Standard if it complies with the old standard.

 (2) If a device to which this Standard applies has been altered or modified in a material respect at a time that is both:

 (a) after its manufacture or, if it has been imported, after its importation; and

 (b)  not later than 12 months after the commencement of this Standard;

the device will be taken to comply with this Standard if it complies with the old standard.

(3) Despite the revocation of the old standard, the old standard applies to a device for the purposes of this section as if it had not been revoked.

Note 1   The continued application of this Standard to a device under this section is not relevant to the definition of non‑standard device in section 9 of the Act because the status of the device (as standard or non‑standard) was established when the device was last manufactured, imported, altered or modified.

Note 2   A device that was manufactured, imported, altered, modified or first offered for supply before the commencement of this Standard is equipment to which this Standard does not apply under section 6.

7A Transitional arrangements for three months after commencement of the Radiocommunications (Electromagnetic Radiation — Human Exposure) Amendment Standard 2019 (No. 1)

(1) If a device to which this Standard applies is manufactured or imported not later than 3 months after the commencement of the Radiocommunications (Electromagnetic Radiation — Human Exposure) Amendment Standard 2019 (No. 1), the device will be taken to comply with this Standard if it complies with this Standard as in force immediately before the commencement of the Radiocommunications (Electromagnetic Radiation — Human Exposure) Amendment Standard 2019 (No. 1).

(2) If a device to which this Standard applies has been altered or modified in a material respect at a time that is both:

(a)     after its manufacture or, if it has been imported, after its importation; and

(b)     not later than 3 months after the commencement of the Radiocommunications (Electromagnetic Radiation — Human Exposure) Amendment Standard 2019 (No. 1);

the device will be taken to comply with this Standard if it complies with this Standard as in force immediately before the commencement of the Radiocommunications (Electromagnetic Radiation — Human Exposure) Amendment Standard 2019 (No. 1).

8 Performance standards

 (1) For paragraph 162 (1) (a) of the Act, the standard for performance for an aware user device to which this Standard applies is that the device must not expose the user to electromagnetic radiation at a level greater than the basic restrictions for occupational exposure when the device is used in its normal position of use and in its normal mode of operation, measured using the measurement methods set out in section 9, 9B, 10, 10A or 11.

 (2) For paragraph 162 (1) (a) of the Act, the standard for performance for a non–aware user device to which this Standard applies is that the device must not expose the user to electromagnetic radiation at a level greater than the basic restrictions for general public exposure when the device is used in its normal position of use and in its normal mode of operation, measured using the measurement methods set out in section 9, 9B, 10, 10A or 11.

 (3) For the purpose of subsections (1) and (2), if a device is capable of operation in simultaneous multi-band transmission mode, normal mode of operation means operation in that mode.

9 Measurement methods for performance standards: aware user device or non‑aware user device in close proximity to the human ear – 300MHz to 6GHz

 (1) Subject to section 9A, this section applies to an aware user device or non‑aware user device to which this Standard applies that:

 (a) is designed to be used or held with the radiating part of the aware user device or non‑aware user device in close proximity to the human ear; and

 (b) transmits on a frequency in the frequency band 300MHz to 6GHz (inclusive).

 (2) Subject to subsection (2A), the measurement methods to determine if the aware user device or non-aware user device meets the standard for performance in subsection 8 (1) or 8 (2) are the measurement methods identified in EN 62209-1 or IEC 62209-1.

 (2A) If IEC 62209-1 or EN 62209-1 does not include measurement methods for operation of a device in simultaneous multi-band transmission mode, a device to which this section applies that is capable of operation in that mode must be tested to determine if the device meets the applicable standard for performance in section 8 using the measurement methods described in IEC 62209-2 or EN 62209-2.

(3) A test report must comply with the requirements in EN 62209-1, EN 62209-2, IEC 62209-1 or IEC 62209-2 which contained the measurement methods identified as applicable in accordance with subsection (2) or (2A).

9A Transitional arrangements for measurement methods for performance standards: aware user device or non‑aware user device in close proximity to the human ear – 300MHz to 3GHz

(1) This section applies to an aware user device or non‑aware user device to which this Standard applies that:

(2) The measurement methods to determine if the aware user device or non-aware user device meets the standard of performance in subsection 8(1) or 8(2) are those described by:

9B Measurement methods for performance standards: aware user device or non‑aware user device in close proximity to the human ear – 6GHz to 100GHz

(1)     Subject to section 9C, this section applies to an aware user device or non‑aware user device to which this Standard applies that:

(a)     is designed to be used or held with the radiating part of the aware user device or non‑aware user device in close proximity to the human ear; and

(b)     transmits on a frequency above 6GHz but less than or equal to 100GHz.

(2)     The measurement methods to determine if the aware user device or non-aware user device meets the standard for performance in subsection 8(1) or 8(2) are the measurement methods identified in IEC TR 63170.

(3)     A test report must comply with the requirements in IEC TR 63170 which contained the measurement methods identified in accordance with subsection (2).

Note In circumstances where a device transmits on frequencies between 300MHz to 6GHz (inclusive) and above 6GHz but less than or equal to 100GHz, both sections 9 (subject to section 9A) and 9B may apply.

9C Transitional arrangements for measurement methods for performance standards: aware user device or non‑aware user device in close proximity to the human ear – 6GHz to 100GHz

(1)     This section applies to an aware user device or non‑aware user device to which this Standard applies that:

(a)     is designed to be used or held with the radiating part of the aware user device or non‑aware user device in close proximity to the human ear; and

(b)     transmits on a frequency above 6GHz but less than or equal to 100GHz; and

(c)     was either:

(i) manufactured or imported not later than 3 months after the commencement of the Radiocommunications (Electromagnetic Radiation – Human Exposure) Amendment Standard 2020 (No. 1); or

(ii) altered or modified in a material way not later than 3 months after the commencement of the Radiocommunications (Electromagnetic Radiation – Human Exposure) Amendment Standard 2020 (No. 1).

(2)     This Standard does not set a measurement method to determine if an aware user device or non-aware user device to which this section applies meets the standard for performance in subsection 8(1) or 8(2).

10 Measurement methods for performance standards: aware user device or non–aware user device 20cm or less from the human body – 30MHz to 6GHz

 (1) This section applies to an aware user device or a non–aware user device to which this Standard applies that:

 (a) is designed to be used or held with the radiating part of the aware user device or non‑aware user device in close proximity to the human body but not more than 20cm from the human body; and

 (b) transmits on a frequency in the frequency band 30MHz to 6GHz (inclusive); and

 (c) is not mentioned in subsection 9 (1).

 (2) The measurement methods to determine if the aware user device or non-aware user device meets the standard for performance in subsection 8 (1) or 8 (2) are the measurement methods identified in EN 62209-2 or IEC 62209-2.

 (3) A test report must comply with the requirements in EN 62209-2 or IEC 62209-2 which contained the measurement methods identified in accordance with subsection (2).

10A Measurement methods for performance standards: aware user device or non–aware user device 20cm or less from the human body– 6GHz to 100GHz

(1)     Subject to section 10B, this section applies to an aware user device or non‑aware user device to which this Standard applies that:

(a)     is designed to be used or held with the radiating part of the aware user device or non‑aware user device in close proximity to the human body but not more than 20cm from the human body; and

(b)     transmits on a frequency above 6GHz but less than or equal to 100GHz; and

(c)     is not mentioned in subsection 9B(1).

(2)     The measurement methods to determine if the aware user device or non-aware user device meets the standard for performance in subsection 8(1) or 8(2) are the measurement methods identified in IEC TR 63170.

(3)     A test report must comply with the requirements in IEC TR 63170 which contained the measurement methods identified in accordance with subsection (2).

Note In circumstances where a device transmits on frequencies between 30MHz to 6GHz (inclusive) and above 6GHz but less than or equal to 100GHz, both sections 10 and 10A (subject to section 10B) may apply.

10B Transitional arrangements for measurement methods for performance standards: aware user device or non‑aware user device 20cm or less from the human body – 6GHz to 100GHz

(1)     This section applies to an aware user device or non‑aware user device to which this Standard applies that:

(a)     is designed to be used or held with the radiating part of the aware user device or non‑aware user device in close proximity to the human body but not more than 20cm from the human body; and

(b)     transmits on a frequency above 6GHz but less than or equal to 100GHz; and

(c)     is not mentioned in subsection 9B(1); and

(d)     was either:

(i) manufactured or imported not later than 3 months after the commencement of the Radiocommunications (Electromagnetic Radiation – Human Exposure) Amendment Standard 2020 (No. 1); or

(ii) altered or modified in a material way not later than 3 months after the commencement of the Radiocommunications (Electromagnetic Radiation – Human Exposure) Amendment Standard 2020 (No. 1).

(2)     This Standard does not set a measurement method to determine if an aware user device or non-aware user device to which this section applies meets the standard for performance in subsection 8(1) or 8(2).

11 Assessment methods for performance standards: aware user devices and non‑aware user devices more than 20cm from the human body

 (1) This section applies to an aware user device or a non‑aware user device to which this Standard applies that:

(a) is designed to be used, or held, more than 20cm from the human body; and

(b) transmits in the frequency band 300kHz to 100GHz (inclusive).

 (2) The RF field produced by an aware user device or a non‑aware user device, at the position of the user with the device operated at the normal position of use, must be assessed in accordance with the requirements in AS/NZS 2772.2.

 (3) An aware user device is taken to meet the standard for performance of subsection 8 (1) if the RF field assessed under subsection (2) is less than the relevant reference levels for occupational exposure.

 (4) A non‑aware user device is taken to meet the standard for performance of subsection 8 (2) if the RF field assessed is less than the relevant reference levels for general public exposure.

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

Endnote 3—Legislation history

Endnote 4—Amendment history