Radiocommunications Equipment (General) Rules 2021

 

made under subsection 156(1) of the

 

Radiocommunications Act 1992.

 

 

Compilation No. 1

Compilation date:    13 November 2021

Includes amendments up to: F2021L01554

 

 

 

 

 

 

 

 

Prepared by the Australian Communications and Media Authority, Melbourne


About this compilation

 

This compilation

This is a compilation of the Radiocommunications Equipment (General) Rules 2021 that shows the text of the law as amended and in force on 13 November 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

 

Contents

Part 1—Preliminary

1  Name

3  Authority

4  Definitions

5  References to other instruments

6  Effect of obligations and prohibitions on other obligations and prohibitions

7  When a device does not comply with a standard

Part 2—Prohibitions and obligations relating to general standards

8  Simplified outline of this Part

9  Object of this Part

10  Prohibition – causing emissions and general standards

11  Prohibition – possession and general standards

12  Prohibition – supply and general standards

Part 3—Prohibitions and obligations relating to EMC standard

13  Simplified outline of this Part

14  Object of this Part

15  Prohibition – causing emissions and the EMC standard

16  Prohibition – possession and the EMC standard

17  Prohibition – supply and the EMC standard

Part 4—Prohibitions and obligations relating to EME standard

18  Simplified outline of this Part

19  Object of this Part

20  Prohibition – causing emissions and the EME standard

21  Prohibition – possession and the EME standard

22  Prohibition – supply and the EME standard

Part 5—Prohibitions and obligations in relation to labelling notices

23  Simplified outline of this Part

24  Object of this Part

25  Prohibition – supplying an unlabelled device

26  Application of section 25

27  Prohibition – applying a label without satisfying requirements

28  Application of section 27

28A  Obligation – complying with requirements after applying a label under Schedule 3

29  Application of certain requirements in labelling notices

Part 6—Prohibitions and obligations in relation to supply to unlicensed person

30  Simplified outline of this Part

31  Object of this Part

32  Definitions

33  Prohibition – supply of cellular mobile repeater to unlicensed person

34  Obligation – keeping records of supply of cellular mobile repeater

Part 7—Permits

35  Simplified outline of this Part

36  Object of this Part

37  Definitions

38  Application

39  Decision on application

40  Duration of permits

41  Conditions

42  Varying permit

43  Applying for variation

44  Suspending or cancelling permit

45  Permissions in force before commencement of instrument

Part 8—Exemptions

46  Simplified outline of this Part

47  Object of this Part

48  Definitions

49  Exemption – emergency transmission

50  Exemption – possession or supply for use solely outside Australia

51  Exemption – supply for modification

52  Exemption – supply for re-export

53  Exemption – persons acting in relation to particular devices exempt from prohibitions in Part 4

54  Exemption – particular manufacturers and importers exempt from labelling in relation to certain equipment

Part 9—National database

55  Simplified outline of this Part

56  Object of this Part

57  National database

58  Registration on national database

Schedule 1—Exempt repeaters

Schedule 2—RCM

Schedule 3—Labelling requirements in relation to human exposure to electromagnetic energy

Schedule 4—Standard in relation to human exposure to electromagnetic energy

Part 1—Preliminary

  These are the Radiocommunications Equipment (General) Rules 2021.

  This instrument is made under subsection 156(1) of the Radiocommunications Act 1992.

 (1) In this instrument:

ABN has the meaning given by section 41 of the A New Tax System (Australian Business Number) Act 1999.

ACN has the meaning given by section 9 of the Corporations Act 2001.

ARBN has the meaning given by section 9 of the Corporations Act 2001.

ARPANSA means the Australian Radiation Protection and Nuclear Safety Agency.

broadcasting service has the meaning given by section 6 of the Broadcasting Services Act 1992.

compliance labelling notice means the Radiocommunications (Compliance Labelling – Devices) Notice 2014.

Note: Item 43 of Schedule 4 to the Radiocommunications Legislation Amendment (Reform and Modernisation) Act 2020 saves the compliance labelling notice, as modified by that item, as equipment rules made under section 156 of the Act.

EMC labelling notice means the Radiocommunications Labelling (Electromagnetic Compatibility) Notice 2017.

Note: Item 44 of Schedule 4 to the Radiocommunications Legislation Amendment (Reform and Modernisation) Act 2020 saves the EMC labelling notice, as modified by that item, as equipment rules made under section 156 of the Act.

EMC standard means the Radiocommunications (Electromagnetic Compatibility) Standard 2017.

Note: Item 42 of Schedule 4 to the Radiocommunications Legislation Amendment (Reform and Modernisation) Act 2020 saves standards made under repealed section 162 of the Act, as modified by that item, as equipment rules made under section 156 of the Act.

EME standard: see clause 3 of Schedule 4.

exemption: see section 48.

general standard: see subsection (3).

national database: see section 57.

permit means a permit issued under section 39.

RCM means the symbol at Schedule 2.

standard: see subsection (2).

Note 1: A number of other expressions used in this instrument are defined in the Act, including the following:

(a) ACMA;

(b) authority;

(c) constitutional corporation;

(d) device;

(e) equipment;

(f) equipment rules;

(g) import;

(h) label;

(i) licence;

(j) licensee;

(ja) member of a visiting force;

(k) national emergency declaration;

(l) operate;

(m) radiocommunication;

(n) radiocommunications device;

(o) radiocommunications transmitter;

(p) radio emission;

(q) supply;

(r) transmitter.

Note 2: Other expressions used in this instrument may be defined in a determination made under subsection 64(1) of the Australian Communications and Media Authority Act 2005.

 (2) Each of the following equipment rules is a standard:

 (a) the EMC standard;

 (b) the EME standard;

 (c) each general standard.

 (3) Each of the following equipment rules is a general standard:

 (a) the Radiocommunications (118MHz to 137MHz Amplitude Modulated Equipment – Aeronautical Radio Service) Standard 2012;

 (b) the Radiocommunications (121.5 MHz and 243.0 MHz Emergency Position Indicating Radio Beacons) Standard 2014;

 (c) the Radiocommunications (406 MHz Satellite Distress Beacons) Standard 2014;

 (d) the Radiocommunications (Analogue Speech (Angle Modulated) Equipment) Standard 2014;

 (e) the Radiocommunications (Devices Used in the Inshore Boating Radio Services Band) Standard 2017;

 (f) the Radiocommunications (Digital Cordless Communications Devices – DECT Devices) Standard 2017;

 (g) the Radiocommunications (HF CB and Handphone Equipment) Standard 2017;

 (h) the Radiocommunications (Intelligent Transport Systems) Standard 2018;

 (i) the Radiocommunications (MF and HF Equipment – Land Mobile Service) Standard 2014;

 (j) the Radiocommunications (MF and HF Radiotelephone Equipment – International Maritime Mobile Service) Standard 2014;

 (k) the Radiocommunications (Paging Service Equipment) Standard 2014;

 (l) the Radiocommunications (Short Range Devices) Standard 2014;

 (m) the Radiocommunications (UHF CB Radio Equipment) Standard 2011 (No. 1);

 (n) the Radiocommunications (VHF Radiotelephone Equipment – Maritime Mobile Service) Standard 2018.

Note: Item 42 of Schedule 4 to the Radiocommunications Legislation Amendment (Reform and Modernisation) Act 2020 saves standards made under repealed section 162 of the Act, as modified by that item, as equipment rules made under section 156 of the Act.

  In this instrument, 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 existing 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.

  Unless the contrary intention appears, no obligation or prohibition in this instrument limits, or is limited by:

 (a) any other obligation or prohibition in this instrument;

 (b) any obligation or prohibition in the compliance labelling notice;

 (c) any obligation or prohibition in the EMC labelling notice;

 (e) any provision of an instrument made under subsection 407(1) of the Telecommunications Act 1997.

Example: In relation to a single device, a person may be subject to a provision in each of Part 2, Part 3, Part 4 and Part 5 of this instrument, a provision in the compliance labelling notice, and a provision in the EMC labelling notice.

 (1) In this instrument, a device that was manufactured in Australia does not comply with a standard if:

 (a) where the device has not been altered or modified in a material respect after its manufacture the device does not comply with a standard that was applicable to it when it was manufactured;

 (b) where the device has been altered or modified in a material respect after its manufacture – the device does not comply with a standard that was applicable to it when it was so altered or modified.

 (2) In this instrument, a device that was imported does not comply with a standard if:

 (a) where the device has not been altered or modified in a material respect after it was importedthe device does not comply with a standard that was applicable to it when it was imported;

 (b) where the device has been altered or modified in a material respect after it was imported – the device does not comply with a standard that was applicable to it when it was so altered or modified.

Part 2—Prohibitions and obligations relating to general standards

Section 156 of the Act allows the ACMA to make equipment rules. Section 158 of the Act provides that the equipment rules may prescribe standards for equipment. Section 159 of the Act provides that the equipment rules may impose obligations or prohibitions in relation to equipment.

The ACMA has made equipment rules that prescribe standards for equipment.

This Part imposes obligations and prohibitions in relation to the operation, possession and supply of equipment that does not comply with the prescribed standards.

  The object of this Part is to contain interference to radiocommunications.

 (1) A person must not, for the purposes of or in connection with radiocommunications, cause a radio emission to be made by a radiocommunications transmitter that does not comply with each general standard that is applicable to it.

 (2) Subsection (1) does not apply where:

 (a) a person holds a permit that authorises the person to cause a radio emission to be made; and

 (b) the permit specifies a general standard; and

 (c) the person causes a radio emission to be made by a transmitter that does not comply with the general standard; and

 (d) the radio emission is made in accordance with the permit.

 (3) Subsection (1) does not apply if an exemption applies.

 (4) Without limiting the generality of subsection (1), a radio emission is made in connection with radiocommunications if the radio emission interferes, or is likely to interfere, with radiocommunications.

 (1) A person must not possess a device that does not comply with each general standard that is applicable to it, if the possession is for the purpose of operation.

 (2) For the purposes of subsection (1), if:

 (a) at a particular time, a person has a device in the person’s possession, otherwise than for the purpose of supplying the device to another person; and

 (b) the device can be operated;

  it must be presumed that the person has the device in the person’s possession for the purpose of operating the device, unless the person adduces or points to evidence that suggests a reasonable possibility that, at that time, the person did not have the device in the person’s possession for the purpose of operating the device.

 (3) For the purposes of subsection (2), it is immaterial whether the device can be operated:

 (a) immediately; or

 (b) after taking one or more steps (for example, the connection of the device to a power supply).

 (4) A reference in this section to a person having a device in the person’s possession includes a reference to the person having it under control in any place whatever, whether for the use or benefit of that person or another person, and although another person has the physical possession or custody of it.

 (5) Subsection (1) does not apply where:

 (a) a person holds a permit that authorises the person to possess a device; and

 (b) the permit specifies a general standard; and

 (c) the person possesses a device that does not comply with the general standard; and

 (d) the possession occurs in accordance with the permit.

 (6) Subsection (1) does not apply if an exemption applies.

 (1) A person must not supply a device that does not comply with each general standard that is applicable to it.

 (2) Subsection (1) does not apply where:

 (a) a person holds a permit that authorises the person to supply a device; and

 (b) the permit specifies a general standard; and

 (c) the person supplies a device that does not comply with the general standard; and

 (d) the supply occurs in accordance with the permit.

 (3) Subsection (1) does not apply unless:

 (a) the person mentioned in subsection (1) is a constitutional corporation; or

 (b) the supply mentioned in subsection (1) is, or would be, in the course of, or in relation to:

 (i) trade or commerce between Australia and places outside Australia; or

 (ii) trade or commerce among the States; or

 (iii) trade or commerce within a Territory, between a State and a Territory, or between two Territories; or

 (iv) the supply of goods or services to the Commonwealth, to a Territory or to an authority or instrumentality of the Commonwealth or of a Territory; or

 (v) the provision or use of a postal, telegraphic, telephonic or other like service; or

 (vi) the defence of Australia; or

 (vii) the operation of lighthouses, lightships, beacons or buoys; or

 (viii) astronomical or meteorological observations; or

 (ix) an activity of a constitutional corporation; or

 (x) banking, other than State banking; or

 (xi) insurance, other than State insurance; or

 (xii) weighing or measuring.

 (4) Subsection (1) does not apply if an exemption applies.


Part 3Prohibitions and obligations relating to EMC standard

Section 156 of the Act allows the ACMA to make equipment rules. Section 158 of the Act provides that the equipment rules may prescribe standards for equipment. Section 159 of the Act provides that the equipment rules may impose obligations or prohibitions in relation to equipment.

The ACMA has made equipment rules that prescribe standards in relation to the electromagnetic compatibility of equipment.

This Part imposes obligations and prohibitions in relation to the operation, possession and supply of equipment that does not comply with the prescribed standards.

  The object of this Part is to:

 (a) ensure the electromagnetic compatibility of equipment;

 (b) contain interference to radiocommunications;

 (c) contain interference to any uses or functions of equipment.

 (1) A person must not cause a radio emission to be made by a transmitter that does not comply with the EMC standard.

 (2) Subsection (1) does not apply where:

 (a) a person holds a permit that authorises the person to cause a radio emission to be made; and

 (b) the permit specifies the EMC standard; and

 (c) the person causes a radio emission to be made by a transmitter that does not comply with the EMC standard; and

 (d) the radio emission is made in accordance with the permit.

 (3) Subsection (1) does not apply in relation to a radio emission made by a transmitter unless:

 (a) the person mentioned in subsection (1) is a constitutional corporation; or

 (b) the radio emission was made as a result of the device being operated in the course of, or in relation to:

 (i) trade or commerce between Australia and places outside Australia; or

 (ii) trade or commerce among the States; or

 (iii) trade or commerce within a Territory, between a State and a Territory, or between two Territories; or

 (iv) the supply of goods or services to the Commonwealth, to a Territory or to an authority or instrumentality of the Commonwealth or of a Territory; or

 (v) the defence of Australia; or

 (vi) the operation of lighthouses, lightships, beacons or buoys; or

 (vii) astronomical or meteorological observations; or

 (viii) an activity of a constitutional corporation; or

 (ix) banking, other than State banking; or

 (x) insurance, other than State insurance; or

 (xi) weighing or measuring; or

 (c) the radio emission was likely to interfere with the operation of another device, where that operation was in the course of, or in relation to:

 (i) trade or commerce between Australia and places outside Australia; or

 (ii) trade or commerce among the States; or

 (iii) trade or commerce within a Territory, between a State and a Territory, or between two Territories; or

 (iv) the supply of goods or services to the Commonwealth, to a Territory or to an authority or instrumentality of the Commonwealth or of a Territory; or

 (v) the defence of Australia; or

 (vi) the operation of lighthouses, lightships, beacons or buoys; or

 (vii) astronomical or meteorological observations; or

 (viii) an activity of a constitutional corporation; or

 (ix) banking, other than State banking; or

 (x) insurance, other than State insurance; or

 (xi) weighing or measuring; or

 (d) the radio emission was likely to interfere with:

 (i) radiocommunications; or

 (ii) broadcasting services; or

 (iii) carriage services; or

 (iv) any other postal, telegraphic, telephonic or like services.

 (4) Subsection (1) does not apply if an exemption applies.

 (1) A person must not possess a device that does not comply with the EMC standard, if the possession is for the purpose of operation.

 (2) For the purposes of subsection (1), if:

 (a) at a particular time, a person has a device in the person’s possession, otherwise than for the purpose of supplying the device to another person; and

 (b) the device can be operated;

  it must be presumed that the person has the device in the person’s possession for the purpose of operating the device, unless the person adduces or points to evidence that suggests a reasonable possibility that, at that time, the person did not have the device in the person’s possession for the purpose of operating the device.

 (3) For the purposes of subsection (2), it is immaterial whether the device can be operated:

 (a) immediately; or

 (b) after taking one or more steps (for example, the connection of the device to a power supply).

 (4) A reference in this section to a person having a device in the person’s possession includes a reference to the person having it under control in any place whatever, whether for the use or benefit of that person or another person, and although another person has the physical possession or custody of it.

 (5) Subsection (1) does not apply where:

 (a) a person holds a permit that authorises the person to possess a device; and

 (b) the permit specifies the EMC standard; and

 (c) the person possesses a device that does not comply with the EMC standard; and

 (d) the possession occurs in accordance with the permit.

 (6) Subsection (1) does not apply in relation to possession of a device unless:

 (a) the person mentioned in subsection (1) is a constitutional corporation; or

 (b) the operation mentioned in subsection (1) is, or would be, in the course of, or in relation to:

 (i) trade or commerce between Australia and places outside Australia; or

 (ii) trade or commerce among the States; or

 (iii) trade or commerce within a Territory, between a State and a Territory, or between two Territories; or

 (iv) the supply of goods or services to the Commonwealth, to a Territory or to an authority or instrumentality of the Commonwealth or of a Territory; or

 (v) the defence of Australia; or

 (vi) the operation of lighthouses, lightships, beacons or buoys; or

 (vii) astronomical or meteorological observations; or

 (viii) an activity of a constitutional corporation; or

 (ix) banking, other than State banking; or

 (x) insurance, other than State insurance; or

 (xi) weighing or measuring; or

 (c) the operation mentioned in subsection (1) was, or would be, likely to interfere with the operation of another device, where the operation of that other device was, or would be, in the course of, or in relation to:

 (i) trade or commerce between Australia and places outside Australia; or

 (ii) trade or commerce among the States; or

 (iii) trade or commerce within a Territory, between a State and a Territory, or between two Territories; or

 (iv) the supply of goods or services to the Commonwealth, to a Territory or to an authority or instrumentality of the Commonwealth or of a Territory; or

 (v) the defence of Australia; or

 (vi) the operation of lighthouses, lightships, beacons or buoys; or

 (vii) astronomical or meteorological observations; or

 (viii) an activity of a constitutional corporation; or

 (ix) banking, other than State banking; or

 (x) insurance, other than State insurance; or

 (xi) weighing or measuring; or

 (d) the operation mentioned in subsection (1) was, or would be, likely to interfere with:

 (i) radiocommunications; or

 (ii) broadcasting services; or

 (iii) carriage services; or

 (iv) any other postal, telegraphic, telephonic or like services.

 (7) Subsection (1) does not apply if an exemption applies.

 (1) A person must not supply a device that does not comply with the EMC standard.

 (2) Subsection (1) does not apply where:

 (a) a person holds a permit that authorises the person to supply a device; and

 (b) the permit specifies the EMC standard; and

 (c) the person supplies a device that does not comply with the EMC standard; and

 (d) the supply occurs in accordance with the permit.

 (3) Subsection (1) does not apply unless:

 (a) the person mentioned in subsection (1) is a constitutional corporation; or

 (b) the supply mentioned in subsection (1) is, or would be, in the course of, or in relation to:

 (i) trade or commerce between Australia and places outside Australia; or

 (ii) trade or commerce among the States; or

 (iii) trade or commerce within a Territory, between a State and a Territory, or between two Territories; or

 (iv) the supply of goods or services to the Commonwealth, to a Territory or to an authority or instrumentality of the Commonwealth or of a Territory; or

 (v) the provision or use of a postal, telegraphic, telephonic or other like service; or

 (vi) the defence of Australia; or

 (vii) the operation of lighthouses, lightships, beacons or buoys; or

 (viii) astronomical or meteorological observations; or

 (ix) an activity of a constitutional corporation; or

 (x) banking, other than State banking; or

 (xi) insurance, other than State insurance; or

 (xii) weighing or measuring.

 (4) Subsection (1) does not apply if an exemption applies.


Part 4Prohibitions and obligations relating to EME standard

Section 156 of the Act allows the ACMA to make equipment rules. Section 158 of the Act provides that the equipment rules may prescribe standards for equipment. Section 159 of the Act provides that the equipment rules may impose obligations or prohibitions in relation to equipment.

Part 2 of Schedule 4 prescribes standards in relation to the emission of electromagnetic energy from equipment.

This Part imposes obligations and prohibitions in relation to the operation, possession and supply of equipment that does not comply with the prescribed standards.

  The object of this Part is to protect the health or safety of individuals from any adverse effect likely to be attributable to radio emissions resulting from a reasonably foreseeable use (including a misuse) of radiocommunications transmitters.

 (1) A person must not, for the purposes of or in connection with radiocommunications, cause a radio emission to be made by a radiocommunications transmitter that does not comply with the EME standard.

 (2) Subsection (1) does not apply where:

 (a) a person holds a permit that authorises the person to cause a radio emission to be made; and

 (b) the permit specifies the EME standard; and

 (c) the person causes a radio emission to be made by a transmitter that does not comply with the EME standard; and

 (d) the radio emission is made in accordance with the permit.

 (3) Subsection (1) does not apply if an exemption applies.

 (4) Without limiting the generality of subsection (1), a radio emission is made in connection with radiocommunications if the radio emission interferes, or is likely to interfere, with radiocommunications.

 (1) A person must not possess a device that does not comply with the EME standard, if the possession is for the purpose of operation.

 (2) For the purposes of subsection (1), if:

 (a) at a particular time, a person has a device in the person’s possession, otherwise than for the purpose of supplying the device to another person; and

 (b) the device can be operated;

  it must be presumed that the person has the device in the person’s possession for the purpose of operating the device, unless the person adduces or points to evidence that suggests a reasonable possibility that, at that time, the person did not have the device in the person’s possession for the purpose of operating the device.

 (3) For the purposes of subsection (2), it is immaterial whether the device can be operated:

 (a) immediately; or

 (b) after taking one or more steps (for example, the connection of the device to a power supply).

 (4) A reference in this section to a person having a device in the person’s possession includes a reference to the person having it under control in any place whatever, whether for the use or benefit of that person or another person, and although another person has the physical possession or custody of it.

 (5) Subsection (1) does not apply where:

 (a) a person holds a permit that authorises the person to possess a device; and

 (b) the permit specifies the EME standard; and

 (c) the person possesses a device that does not comply with the EME standard; and

 (d) the possession occurs in accordance with the permit.

 (6) Subsection (1) does not apply if an exemption applies.

 (1) A person must not supply a device that does not comply with the EME standard.

 (2) Subsection (1) does not apply where:

 (a) a person holds a permit that authorises the person to supply a device; and

 (b) the permit specifies the EME standard;

 (c) the person supplies a device that does not comply with the EME standard; and

 (d) the supply occurs in accordance with the permit.

 (3) Subsection (1) does not apply unless:

 (a) the person mentioned in subsection (1) is a constitutional corporation; or

 (b) the supply mentioned in subsection (1) is, or would be, in the course of, or in relation to:

 (i) trade or commerce between Australia and places outside Australia; or

 (ii) trade or commerce among the States; or

 (iii) trade or commerce within a Territory, between a State and a Territory, or between two Territories; or

 (iv) the supply of goods or services to the Commonwealth, to a Territory or to an authority or instrumentality of the Commonwealth or of a Territory; or

 (v) the provision or use of a postal, telegraphic, telephonic or other like service; or

 (vi) the defence of Australia; or

 (vii) the operation of lighthouses, lightships, beacons or buoys; or

 (viii) astronomical or meteorological observations; or

 (ix) an activity of a constitutional corporation; or

 (x) banking, other than State banking; or

 (xi) insurance, other than State insurance; or

 (xii) weighing or measuring.

 (4) Subsection (1) does not apply if an exemption applies.


Part 5Prohibitions and obligations in relation to labelling notices

Section 156 of the Act allows the ACMA to make equipment rules. Section 159 of the Act provides that the equipment rules may impose obligations or prohibitions in relation to equipment, and that those rules may prohibit a person from supplying, or offering to supply, a specified kind of equipment unless the person satisfies one or more specified conditions.

The ACMA has made equipment rules that prescribe standards in relation to equipment. The ACMA has also made equipment rules that require a label to be applied to equipment.

This Part imposes obligations and prohibitions in relation to the supply of equipment that is labelled, and in relation to the supply of equipment that is unlabelled.

  The object of this Part is to:

 (a) ensure the electromagnetic compatibility of equipment;

 (b) contain interference to radiocommunications;

 (c) contain interference to any uses or functions of equipment;

 (d) protect the health or safety of individuals from any adverse effect likely to be attributable to radio emissions resulting from a reasonably foreseeable use (including a misuse) of radiocommunications transmitters;

 (e) ensure that persons who operate equipment have access to information about the equipment.

Compliance labelling notice

 (1) If:

 (a) a person (the manufacturer) manufactures a device in Australia; and

 (b) the compliance labelling notice requires the manufacturer, an agent of the manufacturer, or a person who is authorised by the manufacturer or an agent of the manufacturer, to apply a label to the device in a particular form;

  the manufacturer must not supply the device unless a label in that form has been applied to the device in accordance with the notice.

 (2) If:

 (a) a person (the importer) imports a device; and

 (b) the compliance labelling notice requires the importer, an agent of the importer, or a person who is authorised by the importer or an agent of the importer, to apply a label to the device in a particular form;

  the importer must not supply the device unless a label in that form has been applied to the device in accordance with the notice.

Note: See sections 5 and 8 of the compliance labelling notice for the obligation to apply a label to a device. Other sections of that notice specify other obligations in relation to the application of the label, and other matters.

EMC labelling notice

 (3) If:

 (a) a person (the manufacturer) manufactures a device in Australia; and

 (b) the EMC labelling notice requires the manufacturer, an agent of the manufacturer, or a person who is authorised by the manufacturer or an agent of the manufacturer, to apply a label to the device in a particular form;

  the manufacturer must not supply the device unless a label in that form has been applied to the device in accordance with the notice.

 (4) If:

 (a) a person (the importer) imports a device; and

 (b) the EMC labelling notice requires the importer, an agent of the importer, or a person who is authorised by the importer or an agent of the importer, to apply a label to the device in a particular form;

  the importer must not supply the device unless a label in that form has been applied to the device in accordance with the notice.

Note: See sections 3.1, 3.2 and 3.3 of the EMC labelling notice for the obligation to apply a label to a device. Other sections of that notice specify other obligations in relation to the application of the label, and other matters.

EME labelling requirements

 (5) If:

 (a) a person (the manufacturer) manufactures a device in Australia; and

 (b) Part 2 of Schedule 3 requires the manufacturer to apply a label to the device in a particular form;

  the manufacturer must not supply the device unless a label in that form has been applied to the device in accordance with Part 2 of Schedule 3.

 (6) If:

 (a) a person (the importer) imports a device; and

 (b) Part 2 of Schedule 3 requires the importer to apply a label to the device in a particular form;

  the importer must not supply the device unless a label in that form has been applied to the device in accordance with Part 2 of Schedule 3.

 (1) Section 25 does not apply where:

 (a) a person holds a permit that authorises the person to supply an unlabelled device; and

 (b) the person supplies a device that does not have a label applied to it; and

 (c) the supply occurs in accordance with the permit.

 (2) Section 25 does not apply if an exemption applies.

 (3) Subsections 25(1), 25(3) and 25(5) do not apply to a manufacturer unless:

 (a) the manufacturer mentioned in the subsection is a constitutional corporation; or

 (b) the manufacturer supplies the relevant device in the course of, or in relation to:

 (i) trade or commerce between Australia and places outside Australia; or

 (ii) trade or commerce among the States; or

 (iii) trade or commerce within a Territory, between a State and a Territory, or between two Territories; or

 (iv) the supply of goods or services to the Commonwealth, to a Territory or to an authority or instrumentality of the Commonwealth or of a Territory; or

 (v) the provision or use of a postal, telegraphic, telephonic or other like service; or

 (vi) the defence of Australia; or

 (vii) the operation of lighthouses, lightships, beacons or buoys; or

 (viii) astronomical or meteorological observations; or

 (ix) an activity of a constitutional corporation; or

 (x) banking, other than State banking; or

 (xi) insurance, other than State insurance; or

 (xii) weighing or measuring.

Compliance labelling notice

 (1) If:

 (a) the compliance labelling notice requires a person to apply a label to a device; and

 (b) the compliance labelling notice requires the person to satisfy one or more requirements before applying the label to the device;

  the person must not apply:

 (c) the label; or

 (d) a label that purports to be such a label;

  before the person satisfies those requirements.

EMC labelling notice

 (2) If:

 (a) the EMC labelling notice requires a person to apply a label to a device; and

 (b) the EMC labelling notice requires the person to satisfy one or more requirements before applying the label to the device;

  the person must not apply:

 (c) the label; or

 (d) a label that purports to be such a label;

  before the person satisfies those requirements.

EME labelling requirements

 (3) If Part 2 of Schedule 3 requires a person to apply a label to a device, the person must not apply:

 (a) the label; or

 (b) a label that purports to be such a label;

  to the device before the person has complied with each requirement in Part 3 of Schedule 3 that applies to the person in relation to the device.

 (1) Section 27 does not apply to a person unless:

 (a) the person is a constitutional corporation; or

 (b) the person manufactured or imported the relevant device for the purposes of supply in the course of, or in relation to:

 (i) trade or commerce between Australia and places outside Australia; or

 (ii) trade or commerce among the States; or

 (iii) trade or commerce within a Territory, between a State and a Territory, or between two Territories; or

 (iv) the supply of goods or services to the Commonwealth, to a Territory or to an authority or instrumentality of the Commonwealth or of a Territory; or

 (v) the provision or use of a postal, telegraphic, telephonic or other like service; or

 (vi) the defence of Australia; or

 (vii) the operation of lighthouses, lightships, beacons or buoys; or

 (viii) astronomical or meteorological observations; or

 (ix) an activity of a constitutional corporation; or

 (x) banking, other than State banking; or

 (xi) insurance, other than State insurance; or

 (xii) weighing or measuring.

 (2) Section 27 does not apply if an exemption applies.

 (3) Section 27 does not apply where:

 (a) a person holds a permit that authorises the person to supply an unlabelled device; and

 (b) the person supplies a device that does not have a label applied to it; and

 (c) the supply occurs in accordance with the permit.

 (1) If Part 2 of Schedule 3 requires a person to apply a label to a device, the person must comply with each requirement in Part 4 or Part 5 of Schedule 3 that applies to the person in relation to the device.

 (2) Subsection (1) does not apply to a person unless:

 (a) the person is a constitutional corporation; or

 (b) the person manufactured or imported the device for the purposes of supply that is, or would be, in the course of, or in relation to:

 (i) trade or commerce between Australia and places outside Australia; or

 (ii) trade or commerce among the States; or

 (iii) trade or commerce within a Territory, between a State and a Territory, or between two Territories; or

 (iv) the supply of goods or services to the Commonwealth, to a Territory or to an authority or instrumentality of the Commonwealth or of a Territory; or

 (v) the provision or use of a postal, telegraphic, telephonic or other like service; or

 (vi) the defence of Australia; or

 (vii) the operation of lighthouses, lightships, beacons or buoys; or

 (viii) astronomical or meteorological observations; or

 (ix) an activity of a constitutional corporation; or

 (x) banking, other than State banking; or

 (xi) insurance, other than State insurance; or

 (xii) weighing or measuring.

 (3) Subsection (1) does not apply if an exemption applies.

 (4) Subsection (1) does not apply where:

 (a) a person holds a permit that authorises the person to supply an unlabelled device; and

 (b) the person supplies a device that does not have a label applied to it; and

 (c) the supply occurs in accordance with the permit.

Definition

 (1) In this section, a post-label provision is a provision of:

 (a) the compliance labelling notice; or

 (b) the EMC labelling notice;

  that imposes an obligation on a person to do a thing after a label has been applied to equipment.

Example: Part 4 of the compliance labelling notice imposes obligations on the manufacturer or importer of a device, to be met after a label has been applied to the device. The obligations include the keeping of compliance records.

Post-label provisions

 (2) A post-label provision does not apply to a person unless:

 (a) the person is a constitutional corporation; or

 (b) the person manufactured or imported the device for the purposes of supply that is, or would be, in the course of, or in relation to:

 (i) trade or commerce between Australia and places outside Australia; or

 (ii) trade or commerce among the States; or

 (iii) trade or commerce within a Territory, between a State and a Territory, or between two Territories; or

 (iv) the supply of goods or services to the Commonwealth, to a Territory or to an authority or instrumentality of the Commonwealth or of a Territory; or

 (v) the provision or use of a postal, telegraphic, telephonic or other like service; or

 (vi) the defence of Australia; or

 (vii) the operation of lighthouses, lightships, beacons or buoys; or

 (viii) astronomical or meteorological observations; or

 (ix) an activity of a constitutional corporation; or

 (x) banking, other than State banking; or

 (xi) insurance, other than State insurance; or

 (xii) weighing or measuring.

 (3) A post-label provision does not apply if an exemption applies.

All obligations in labelling notices

 (4) An obligation imposed by a provision of the compliance labelling notice (including a post-label provision) does not apply where:

 (a) a person holds a permit that authorises the person to supply an unlabelled device; and

 (b) the person supplies a device that does not have a label applied to it; and

 (c) the supply occurs in accordance with the permit.

 (5) An obligation imposed by a provision of the EMC labelling notice (including a post-label provision) does not apply where:

 (a) a person holds a permit that authorises the person to supply an unlabelled device; and

 (b) the person supplies a device that does not have a label applied to it; and

 (c) the supply occurs in accordance with the permit.

 


Part 6Prohibitions and obligations in relation to supply to unlicensed person

Section 156 of the Act allows the ACMA to make equipment rules. Section 159 of the Act provides that the equipment rules may impose obligations or prohibitions in relation to equipment, and that those rules may prohibit a person from supplying, or offering to supply, a specified kind of equipment unless the person satisfies one or more specified conditions.

This Part imposes a prohibition on the supply of equipment known as cellular mobile repeaters, except to a person with a licence authorising the operation of that equipment, and imposes related obligations on the suppliers of that equipment.

  The object of this Part is to ensure that certain radiocommunications transmitters are not supplied to persons intending to operate those transmitters unless those persons are authorised by or under the Act to operate those transmitters.

  In this Part:

authorised person, in relation to a licensee, means:

 (a) for the licensee of an apparatus licence – a person authorised under subsection 114(1) of the Act;

 (b) for the licensee of a spectrum licence – a person authorised under subsection 68(1) of the Act.

base station means a radiocommunications transmitter that is part of a telecommunications network by means of which a public mobile telecommunications service is supplied.

cellular mobile repeater means a radiocommunications device that draws power from a power source and that, operating as a single radiocommunications device or as part of a system of radiocommunications devices, is able to:

 (a) receive a radio emission from a base station and retransmit the radio emission (or transmit a replica of the radio emission) to:

 (i) another base station; or

 (ii) a mobile station that is used to access a public mobile telecommunications service; or

 (b) receive a radio emission from a mobile station that is used to access a public mobile telecommunications service and retransmit the radio emission (or transmit a replica of the radio emission) to:

 (i) a base station; or

 (ii) another mobile station that is used to access a public mobile telecommunications service.

exempt repeater: see clause 1 of Schedule 1.

public mobile telecommunications service has the meaning given by section 32 of the Telecommunications Act 1997.

supplier means a person who carries on a supply business.

supply business means the business of supplying radiocommunications devices to persons intending to operate them.

 (1) A supplier must not supply another person (other person) with a cellular mobile repeater in the course of carrying on a supply business.

 (2) Subsection (1) does not apply if:

 (a) the other person presents to the supplier a licence, or a duplicate of the licence, that authorises the other person to operate the cellular mobile repeater; and

 (b) the supplier records the matters specified in subsection (3) in relation to the supply of the cellular mobile repeater.

 (3) For the purposes of paragraph (2)(b), the matters are:

 (a) the following details about the licence, or duplicate of the licence, that was presented to the supplier:

 (i) the licence number;

 (ii) the date of issue;

 (iii) the date of expiry;

 (iv) the licence type;

 (v) the full name of the licensee;

 (b) if the supplier provided the cellular mobile repeater to a person other than the licensee – the full name of the person to whom the supplier provided the cellular mobile repeater (recipient);

 (c) other matters that the supplier considers, on reasonable grounds, confirm the identity of the recipient, such as a passport number or driver’s licence number;

 (d) the date on which the supplier provided the cellular mobile repeater to the recipient;

 (e) matters that the supplier considers, on reasonable grounds, allow the cellular mobile repeater to be uniquely identified, such as the repeater’s brand name, model number or serial number;

 (f) if the recipient claimed to the supplier to be an authorised representative or agent of the licensee – matters that the supplier considers, on reasonable grounds, confirm that the recipient is an authorised representative or agent of the licensee;

 (g) if the recipient claimed to the supplier to be an authorised person in relation to the licensee – matters that the supplier considers, on reasonable grounds, confirm that the recipient is an authorised person in relation to the licensee;

 (h) if the recipient claimed to the supplier to be an authorised representative or agent of a person (the intermediary) that is claimed to be an authorised person in relation to the licensee – matters that the supplier considers, on reasonable grounds, confirm that:

 (i) the intermediary is an authorised person in relation to the licensee; and

 (ii) the recipient is an authorised representative or agent of the intermediary.

Example: An example of matters mentioned in paragraph (f), (g) or (h) is relevant content of a written communication from the licensee, or from a person authorised by the licensee.

 (4) Without limiting this section, paragraph (2)(a) is satisfied if:

 (a) the other person presents to the supplier a document purporting to be a licence, or a duplicate of the licence, that authorises the other person to operate the cellular mobile repeater; and

 (b) the supplier believes, on reasonable grounds, that the document was such a licence, or a duplicate of such a licence.

 (5) Subsection (1) does not apply if:

 (a) at the time the cellular mobile repeater is supplied, the repeater is an exempt repeater; and

 (b) the supplier records the matters specified in subsection (6) in relation to the supply of the repeater.

 (6) For the purposes of paragraph (5)(b), the matters are:

 (a) the full name of the person to whom the supplier provided the repeater (recipient);

 (b) other matters that the supplier considers, on reasonable grounds, confirm the identity of the recipient, such as a passport number or driver’s licence number;

 (c) the date on which the supplier provided the cellular mobile repeater to the recipient;

 (d) matters that the supplier considers, on reasonable grounds, allow the cellular mobile repeater to be uniquely identified, such as the repeater’s brand name, model number or serial number.

 (1) If a supplier records a matter specified in subsection 33(3) in relation to the supply of a cellular mobile repeater, the supplier must keep the record for at least 2 years after the supply.

 (2) If a supplier records a matter specified in subsection 33(6) in relation to the supply of an exempt repeater, the supplier must keep the record for at least 2 years after the supply.


Part 7Permits

Division 1 Simplified outline

Section 156 of the Act allows the ACMA to make equipment rules. Section 159 of the Act provides that the equipment rules may prohibit the doing of an act or thing by a person unless the person holds a permit issued by the ACMA under the equipment rules, and the permit authorises the person to do the act or thing.

Parts 2, 3, 4 and 5 of this instrument prohibit the operation, possession or supply of certain equipment, unless the person holds a permit that authorises the person to operate, possess or supply the equipment.

This Part sets out how a person may apply for a permit, how the ACMA may deal with an application for a permit and, if the ACMA issues a permit, how the ACMA and the holder of the permit may deal with the permit.

Note: For permits issued under repealed subsection 167(2) of the Act that were in force immediately before the commencement of Part 4 of Schedule 4 to the Radiocommunications Legislation Amendment (Reform and Modernisation) Act 2020, see item 47 of Schedule 4 to that Act.

Division 2 Preliminary matters

 (1) The object of this Part is to provide for permits to do an act otherwise prohibited by equipment rules, or not to comply with an obligation that is otherwise required by equipment rules.

 (2) The object specified in subsection (1) is incidental or ancillary to the objects of the other Parts of this instrument.

  In this Part:

application charge means the charge determined under section 60 of the Australian Communications and Media Authority Act 2005 in relation to an application to the ACMA for a permit.

variation charge means the charge determined under section 60 of the Australian Communications and Media Authority Act 2005 in relation to an application for the ACMA to vary a permit.

Note: At the time this instrument was made, the charge known as the ‘general service charge’ applied in relation to an application for a permit or an application to vary a permit.

Division 3 Issuing permits

 (1) A person may apply, in writing, for a permit.

 (2) An application must be:

 (a) in the form approved by the ACMA (if any);

 (b) made in the manner approved by the ACMA (if any);

 (c) accompanied by the application charge (if any).

 (3) The ACMA may approve more than one form, and more than one manner, for the purposes of subsection (2).

 (4) The application must specify one or more of the following actions the permit would authorise, if issued:

 (a) to cause a radio emission to be made by a device that does not comply with one or more specified applicable standards;

 (b) to possess a device that does not comply with one or more specified applicable standards;

 (c) to supply a device that does not comply with one or more specified applicable standards;

 (d) to supply an unlabelled device.

 (5) The application must specify one or more standards for the purposes of paragraph (4)(a), (b) or (c).

 (1) If a person applies for a permit in accordance with section 38, the ACMA may:

 (a) issue the permit;

 (b) refuse to issue the permit.

 (2) If the ACMA issues the permit, the ACMA must specify in the permit a date on which the permit expires.

 (3) If the ACMA issues the permit, the ACMA must specify in the permit that the permit authorises one or more of the following:

 (a) to cause a radio emission to be made by a device that does not comply with one or more specified applicable standards;

 (b) to possess a device that does not comply with one or more specified applicable standards;

 (c) to supply a device that does not comply with one or more specified applicable standards;

 (d) to supply an unlabelled device.

 (4) If the ACMA issues the permit and the permit authorises an act specified in paragraph (3)(a), (b) or (c), the ACMA must specify one or more standards in the permit.

 (5) If the ACMA refuses to issue the permit, the ACMA must notify the applicant in writing of the refusal and give a statement of reasons for the refusal.

 (6) If the ACMA makes a decision to:

 (a) issue a permit that authorises an act specified in paragraph (3)(a), (b) or (c); but

 (b) the ACMA does not specify each standard specified in the application for the permit;

  the decision is declared to be a decision to which section 285 of the Act applies.

 (1) Subject to subsection (2), a permit is in force for the period:

 (a) commencing on the day the permit is issued; and

 (b) ending on the earlier of:

 (i) the day on which the permit expires;

 (ii) the day on which the permit is cancelled under this instrument;

 (iii) the day on which the permit is cancelled under section 307 of the Act.

 (2) If a permit is suspended, the permit is not in force for the period of suspension.

 (1) If the ACMA issues a permit, the ACMA may include one or more conditions in the permit.

 (2) A condition may provide that the holder of the permit may only be authorised to cause a radio emission to be made by, or to possess or supply, a specified device or a specified class of devices.

 (3) Subsection (2) does not limit subsection (1).

 (4) It is a condition of every permit that the holder of the permit complies with the Act.

Division 4 Dealing with permits

Changes to conditions

 (1) The ACMA may vary a permit by:

 (a) amending a condition included in a permit;

 (b) including a new condition in a permit;

 (c) revoking a condition in a permit.

 (2) If the ACMA varies a permit under subsection (1), the ACMA must:

 (a) notify the holder of the permit in writing and provide reasons for the variation; and

 (b) provide the holder with a replacement permit.

 (3) If, otherwise than in response to an application made under subsection 43(1), the ACMA makes a decision to vary a permit under subsection (2), the decision is declared to be a decision to which section 285 of the Act applies.

Changes to specified standards

 (4) Except in relation to a permit that only authorises an act specified in paragraph 39(3)(d), the ACMA may vary a permit by:

 (a) specifying a new standard in the permit;

 (b) removing a standard specified in the permit;

  so long as the permit always specifies at least one standard.

 (5) If the ACMA varies a permit under subsection (4), the ACMA must:

 (a) notify the holder of the permit in writing and provide reasons for the variation; and

 (b) provide the holder with a replacement permit.

 (6) If, otherwise than in response to an application made under subsection 43(1), the ACMA makes a decision to vary a permit under subsection (4), the decision is declared to be a decision to which section 285 of the Act applies.

Change to duration

 (7) The ACMA may vary a permit by omitting the specified date for the expiry of the permit, and specifying a later date.

 (8) If the ACMA varies a permit under subsection (7), the ACMA must:

 (a) notify the holder of the permit in writing and provide reasons for the variation; and

 (b) provide the holder with a replacement permit.

Application of section

 (9) Subsections (1) to (6) apply regardless of whether a person has applied under subsection 43(1).

 (10) Subsections (7) to (8) only apply if a person has applied under subsection 43(1).

 (1) A person may apply, in writing, for the ACMA to vary a permit (variation application).

 (2) A variation application must be:

 (a) in the form approved by the ACMA (if any);

 (b) made in the manner approved by the ACMA (if any);

 (c) accompanied by the variation charge (if any).

 (3) The ACMA may approve more than one form, and more than one manner, for the purposes of subsection (2).

 (4) The variation application must specify:

 (a) the permit to be varied; and

 (b) the manner in which the permit would be varied.

 (5) If a person makes a variation application, the ACMA may:

 (a) in accordance with section 42, vary the permit in the manner specified in the application;

 (b) in accordance with section 42, vary the permit in a manner otherwise than as specified in the application;

 (c) refuse to vary the permit.

 (6) If the ACMA refuses to vary the permit, the ACMA must notify the applicant in writing of the refusal and provide reasons for the refusal.

 (7) If:

 (a) a person makes a variation application; and

 (b) the ACMA makes a decision to refuse to vary the permit, or makes a decision to vary the permit in a manner otherwise than as specified in the application;

  the decision in paragraph (b) is declared to be a decision to which section 285 of the Act applies.

Grounds for suspension or cancellation

 (1) This section applies to a permit if the ACMA is satisfied that:

 (a) a person holds the permit; and

 (b) the person has engaged in conduct; and

 (c) the conduct contravenes a condition of the permit.

Suspension of permit

 (2) If this section applies to a permit, the ACMA may, by notice in writing given to the person, suspend the permit for the period specified in the notice.

 (3) The period specified in the notice must not be greater than 3 months.

Cancellation of permit

 (4) If this section applies to a permit, the ACMA may, by notice in writing given to the person, cancel the permit.

 (5) In deciding whether to cancel a permit, the ACMA:

 (a) must have regard to all matters that it considers relevant; and

 (b) without limiting paragraph (a), may have regard to:

 (i) whether or not a civil penalty order in relation to subsection 160(10) of the Act has been made against the person who holds the permit, or an agent of that person;

 (ii) whether or not the person who holds the permit, or an agent of that person, has been convicted of an offence against section 136.1 or 137.1 of the Criminal Code that relates to the Act.

Reasons for suspension or cancellation

 (6) A notice given under subsection (2) or subsection (4) must give the reasons for suspending or cancelling the permit.

Action to be taken before suspending or cancelling permit

 (7) The ACMA must comply with subsections (8) and (9) before suspending or cancelling a permit, unless the ACMA is satisfied that it is necessary to suspend or cancel the permit as a matter of urgency in order to protect the health or safety of a person.

 (8) The ACMA must give the holder of the permit a notice that:

 (a) states the ACMA’s intention to suspend or cancel the permit;

 (b) sets out the reason the ACMA intends to suspend or cancel the permit;

 (c) gives the holder of the permit at least 2 weeks, commencing the day after the notice was given to the holder, to make submissions about the suspension or cancellation of the permit.

 (9) The ACMA must have regard to any submissions made in accordance with paragraph (8)(c).

 (10) For the avoidance of doubt, other action taken by the ACMA in relation to a contravention of a condition does not affect whether the ACMA may suspend or cancel a permit under this section.

Note: Under subsection 160(10) of the Act, contravention of a condition of a permit may be subject to a civil penalty.

Review

 (11) If the ACMA makes a decision to suspend a permit, the decision is declared to be a decision to which section 285 of the Act applies.

Division 5 Transitional

 (1) If:

 (a) before the commencement day, the ACMA had given written permission (pre-existing permission) to a person under section 174 of the Act as in force immediately before the commencement day; and

 (b) the pre-existing permission was in force immediately before the commencement day; and

 (c) the pre-existing permission authorised the person to supply a non-standard device specified in the pre-existing permission (specified device);

  the person is taken to have been issued a permit under section 39 of this instrument that:

 (d) authorises the person to supply a device;

 (e) specifies the date 1 year after the commencement day as the date on which the permit expires;

 (f) specifies each standard for which the specified device was a non-standard device;

 (g) includes each condition included in the pre-existing permission;

 (h) includes a condition that the person is only authorised to supply the specified device.

 (2) In this section:

commencement day means the day Part 1 of Schedule 4 to the Radiocommunications Legislation Amendment (Reform and Modernisation) Act 2020 commenced.

non-standard device has the meaning given by subsection 9(2) of the Act, as in force immediately before the commencement day.

Note: For permits issued under repealed subsection 167(2) of the Act that were in force immediately before the commencement of Part 1 of Schedule 4 to the Radiocommunications Legislation Amendment (Reform and Modernisation) Act 2020, see item 47 of Schedule 4 to that Act.


Part 8Exemptions

Section 156 of the Act allows the ACMA to make equipment rules. Section 159 of the Act provides that the equipment rules may prohibit the doing of an act or thing by a person.

Parts 2, 3, 4 and 5 of this instrument prohibit the operation, possession or supply of certain equipment in certain circumstances, unless an exemption applies.

This Part sets out the exemptions that may apply.

 (1) The object of this Part is to provide for exemptions to do an act otherwise prohibited by equipment rules, or not to comply with an obligation that is otherwise required by equipment rules.

 (2) The object specified in subsection (1) is incidental or ancillary to the objects of the other Parts of this instrument.

  In this instrument, each of the following is an exemption:

 (a) section 49;

 (b) subsection 50(1);

 (c) section 51;

 (d) section 52;

 (e) section 53;

 (f) subsection 54(1).

  A person does not contravene a prohibition that relates to:

 (a) causing radio emission to be made by a device; or

 (b) possession of a device for the purpose of operation;

  if:

 (c) the person:

 (i) causes a radio transmission to be made; or

 (ii) has a device in the person’s possession for the purpose of operation; and

 (d) the person does so in the reasonable belief that the transmission or possession was necessary for the purpose of:

 (i) securing the safety of a vessel, aircraft or space object that was in danger; or

 (ii) dealing with an emergency involving a serious risk of threat to the environment; or

 (iii) dealing with an emergency involving risk of death of, or injury to, persons; or

 (iv) dealing with an emergency involving risk of substantial loss of, or damage to, property; or

 (v) if a national emergency declaration is in force dealing with the emergency to which the declaration relates.

 (1) A person does not contravene a prohibition that relates to:

 (a) possession of a device; or

 (b) if the prohibition is in Part 2, Part 3 or Part 4 of this instrument supply of a device;

  if the device is intended to be used solely outside Australia.

 (2) If there is applied to a device:

 (a) a statement that the device is for export only; or

 (b) a statement indicating, by use of the words specified in subsection (3), that the device is intended to be used solely outside Australia;

  it is presumed for the purposes of this section, unless the contrary is established, that the device is intended to be so used.

 (3) For the purposes of paragraph (2)(b), the words are:

  The device is intended to be used only outside Australia.

 (4) For the purposes of subsection (2), a statement is taken to be applied to a device if:

 (a) the statement is impressed on, worked into, or annexed or affixed to, the device; or

 (b) the statement is applied to a covering (including a box, case, frame or wrapper), label or thing in or with which the device is supplied.

  A person does not contravene a prohibition in Part 2, Part 3 or Part 4 of this instrument that relates to supply of a device if the supply was for the purpose of modifying or altering the device so that the device would comply with all standards applicable to it at the time of the alteration or modification.

  A person does not contravene a prohibition in Part 2, Part 3 or Part 4 of this instrument that relates to supply of a device if:

 (a) the device was imported; and

 (b) the person supplied the device for the purposes of re-export.

  A person does not contravene a prohibition in Part 4 of this instrument that relates to:

 (a) causing radio emission to be made by a device; or

 (b) possession of a device for the purpose of operation; or

 (c) supply of a device;

  if the device is:

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

 (e) used solely as equipment, or as part of a weapons system, used by a member of a visiting force; or

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

 (i) the Australian Crime Commission;

 (ii) the Australian Federal Police;

 (iii) the Corruption and Crime Commission of Western Australia;

 (iv) the Crime and Corruption Commission of Queensland;

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

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

 (vii) the Integrity Commissioner (within the meaning of the Law Enforcement Integrity Commissioner Act 2006);

 (viii) the Law Enforcement Conduct Commission of New South Wales;

 (ix) the New South Wales Crime Commission;

 (x) the police force of a State or Territory; or

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

 (i) not mentioned in paragraph (f); and

 (ii) responsible for criminal law enforcement; and

 (iii) established by or under a law of the Commonwealth, or a law of a State or Territory; or

 (h) used by a body that:

 (i) is not mentioned in paragraph (f) or (g); and

 (ii) performs functions related to the investigation, prevention and prosecution of serious crime, or of corruption (whether or not the body also performs other functions); and

 (iii) is covered by a written determination made by the ACMA under paragraph 27(1)(be) of the Act;

  solely for the investigation, prevention and prosecution activities of that body; or

 (i) a fire fighting, civil defence or rescue organisation; or

 (j) an ambulance service; or

 (k) any other organisation whose sole or principal purpose involves securing the safety of persons during an emergency.

 (1) Subject to subsection (2), a person does not contravene a prohibition in subsection 25(5), 25(6) or 27(3), or the obligation in subsection 28A(1), in relation to a device if:

 (a) the device:

 (i) is manufactured in Australia as part of a motor vehicle, or installed in Australia in a motor vehicle, or imported as part of a motor vehicle, by a member of the Federal Chamber of Automotive Industries (ACN 008 550 347) (FCAI); and

 (ii) is an integral part of the motor vehicle; or

 (b) the device:

 (i) is manufactured or imported by a member of the FCAI; and

 (ii) can only be operated if it is installed in a motor vehicle; or

 (c) the device is manufactured in Australia as part of a motor vehicle, or installed in Australia in a motor vehicle, or imported as part of a motor vehicle, by a member of the Construction & Mining Equipment Industry Group Inc, an incorporated association registered under the Associations Incorporation Act 2009 (NSW), with incorporation number INC9879927 (CMEIG); or

 (d) the device:

 (i) is manufactured or imported by a member of the CMEIG; and

 (ii) can only be operated if it is installed in a motor vehicle; or

 (e) the device is manufactured in Australia as part of a motor vehicle, or installed in Australia in a motor vehicle, or imported as part of a motor vehicle, by a member of the Tractor and Machinery Association of Australia (ACN 004 237 209) (TMA); or

 (f) the device:

 (i) is manufactured or imported by a member of the TMA; and

 (ii) can only be operated if it is installed in a motor vehicle.

 (2) The exemption in subsection (1) only applies to a person in relation to a device if the person complies with Part 3, and Part 4 or Part 5, of Schedule 3, as if the person had been required to apply a label to the device in accordance with Part 2 of Schedule 3.

 (3) In this clause, motor vehicle means a motor-powered road vehicle (including a 4 wheel drive vehicle).

Note: This exemption only applies in relation to labelling requirements for the EME standard. A device mentioned in this exemption must still not be possessed, operated or supplied if it does not comply with the EME standard: see Part 4 of this instrument.

Part 9—National database

Section 156 of the Act allows the ACMA to make equipment rules. Section 159 of the Act provides that the equipment rules may prohibit the doing of an act or thing by a person.

Subsection 27(3) of this instrument prohibits a person from applying a label to a device unless the person complies with any requirements to be met before applying the label. Clause 8 of Schedule 3 requires a person to be registered on a national database before applying a label to a device.

This Part establishes the national database.

 (1) The object of this Part is to provide for registration, on a national database, of persons who manufacture or import equipment.

 (2) The object specified in subsection (1) is incidental or ancillary to the objects of the other Parts of this instrument.

 (1) The ACMA may, by notifiable instrument, designate a database as the national database.

 (2) Subject to the ACMA designating a database under subsection (1), the database that was the national database for the purposes of the Radiocommunications (Compliance Labelling – Electromagnetic Radiation) Notice 2014 is taken to be the national database.

 (3) If, before the commencement of this section, a person was registered on the database mentioned in subsection (2), the person is taken to be registered on the national database.

 (1) To be registered on the national database, a person must provide to the database:

 (a) the person’s ABN; and

 (b) one of the following:

 (i) if the person is a body corporate – the name and ACN of the body corporate;

 (ii) if the person is an individual – the name of the individual;

 (iii) in any case – a business name that is used by the person in connection with its business in relation to the supply of devices and that is registered as a business name under the Business Names Registration Act 2011; and

 (c) the person’s address in Australia; and

 (d) if the person is not an individual – the name and contact details of an individual who represents the person.

 (2) If information included on the national database about a person changes, the person must provide the changed information to the database within 30 days after the change occurs.

 (3) The person must provide the information in subsection (1) and (2) using a method indicated by the database for including information on the database.

 (4) In this section:

corporation has the meaning given by section 57A of the Corporations Act 2001.

representative of a person means:

 (a) an employee of the person; or

 (b) if the person is a corporation– an officer of the corporation, within the meaning of section 9 of the Corporations Act 2001; or

 (c) if the person is an entity that is neither an individual nor a corporation – an officer of the entity, within the meaning of section 9 of the Corporations Act 2001; or

 (d) another person authorised in writing for the purposes of this section by:

 (i) the person; or

 (ii) an employee of the person; or

 (iii) an officer of the person.

 

 

Schedule 1Exempt repeaters

(section 32 and subsection 33(5))

  In this Schedule:

cellular mobile repeater has the meaning given by section 32.

exempt repeater: see clause 3.

  A carrier may request, in writing, the ACMA to make an instrument under clause 3 in relation to a specified cellular mobile repeater.

  If the ACMA receives a request under clause 2, the ACMA may make a written instrument that declares the cellular mobile repeater specified in the request to be an exempt repeater.

  If the ACMA makes an instrument under clause 3 in relation to a cellular mobile repeater, the ACMA must publish the following information on its website:

 (a) the brand name of the repeater;

 (b) the model number of the repeater;

 (c) an image of the repeater;

 (d) the date the instrument was made;

 (e) the carrier that requested the instrument.

 (1) If the ACMA refuses to make an instrument under clause 3, the decision is declared to be a decision to which section 285 of the Act applies.

 (2) If the ACMA refuses to make an instrument under clause 3, the ACMA must give the carrier the reasons for the decision.

Schedule 2—RCM

(section 4)

Regulatory compliance mark

 

Schedule 3—Labelling requirements in relation to human exposure to electromagnetic energy

(sections 25, 27 and 28A)

Part 1—Preliminary

1  Object of this Schedule

  The object of this Schedule is to:

 (a) protect the health or safety of individuals from any adverse effect likely to be attributable to radio emissions resulting from a reasonably foreseeable use (including a misuse) of radiocommunications transmitters;

 (b) ensure that persons who operate equipment have access to information about the equipment.

2  Interpretation

 (1) In this Schedule:

accredited testing body, in relation to a standard that is prescribed by equipment rules, means a laboratory that is:

 (a) accredited by NATA to conduct testing against that standard; or

 (b) accredited, by a body that has entered into a mutual recognition arrangement with the International Laboratory Accreditation Cooperation, to conduct testing against:

 (i) that standard; or

 (ii) a standard or requirement that is equivalent to that standard.

Note 1: An accredited testing body does not necessarily have accreditation under Part 5.4 of the Act.

Note 2: More information about NATA can be obtained from its website, at www.nata.com.au. More information about the International Laboratory Accreditation Cooperation can be obtained from its website, at www.ilac.org.

agent, in relation to a person, means an agent of the person who is authorised to act on behalf of the person for the purposes of equipment rules.

applicable device has the same meaning as in Schedule 4.

built-in display, for a device, means an electronic display or electronic screen that:

 (a) is integral to the device; and

 (b) cannot be used independently of the device.

compliance record: see subclause 14(2).

high risk device means an applicable device that is neither a low risk device nor a medium risk device.

human body includes the head, neck, trunk and limbs.

low risk device: see subclause (3).

medium risk device means an applicable device that is:

 (a) not a low risk device; and

 (b) normally used more than 20 centimetres from the human body.

NATA means the National Association of Testing Authorities, Australia (ACN 004 379 748).

RPS S-1 Advisory Note means:

 (a) the document titled ‘RPS S-1 Advisory Note: Compliance of mobile or portable transmitting equipment (100 kHz to 300 GHz)’, published by ARPANSA; or

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

Note: RPS S-1 Advisory Note is available, free of charge, from the ARPANSA website: www.arpansa.gov.au.

variant: see subclause (2).

 (2) A device (the second device) is a variant of another device (the first device) if:

 (a) where the first device is manufactured in Australia – both:

 (i) the second device is manufactured in Australia; and

 (ii) the person who manufactured the first device also manufactured the second device; and

 (b) where the first device is imported – both:

 (i) the second device is imported; and

 (ii)  the person who imported the first device also imported the second device;

 (c) the second device is not identical to the first device; and

 (d) a measurement method or assessment method (the relevant method) for the first device is set out in Part 3 of Schedule 4; and

 (e) in accordance with Part 3 of Schedule 4, the relevant method is also the measurement method or assessment method for the second device; and

 (f) where the first device complies with the EME standard – the second device complies with the EME standard in the same, or a substantially similar, manner as the first device.

 (3) If, for an applicable device, the RPS S-1 Advisory Note provides that the evaluation of mobile or portable transmitting equipment for compliance with the ARPANSA standard is not required, the applicable device is a low risk device.

 (4) If:

 (a) a person manufactures or imports a kind of equipment; and

 (b) this Schedule requires the person to do a thing in relation to a device the person manufactures or imports (the relevant requirement); and

 (c) the device is an item of that kind of equipment;

  the person is taken to comply with the relevant requirement for each device of that kind of equipment the person manufactures or imports if:

 (d) each device of that kind of equipment is identical; and

 (e) subject to paragraphs (f) and (g), the person complies with the relevant requirement for one device of that kind of equipment (the model device); and

 (f) the person complies with the relevant requirement for the model device from the first time the person must, but for the effect of this subclause, comply with the relevant requirement in relation to a device of that kind of equipment; and

 (g) where a person must continue to meet the relevant requirement during a period – the person continues to comply with the relevant requirement for the model device during the period:

 (i) beginning at the first time the person must, but for the effect of this subclause, comply with the relevant requirement in relation to a device of that kind of equipment; and

 (ii) ending at the last time the person must, but for the effect of this subclause, comply with the relevant requirement in relation to a device of that kind of equipment.

 (5) If:

 (a) a person manufactures or imports a kind of equipment (the first kind of equipment); and

 (b) the person manufactures or imports another kind of equipment (the second kind of equipment); and

 (c) each device of the second kind of equipment is a variant of a device of the first kind of equipment;

 (d) a provision in Part 3 of this Schedule requires the person to do a thing in relation to a device the person manufactures or imports (the relevant requirement), before the person applies a label to the device; and

 (e) the person complies with the relevant requirement in relation to each device of the first kind of equipment;

  the person is taken to comply with the relevant requirement for each device of the second kind of equipment if:

 (f) each device of the second kind of equipment is identical; and

 (g) subject to paragraphs (h) and (i), the person complies with the relevant requirement for one device of that kind of equipment (the model device); and

 (h) the person complies with the relevant requirement for the model device from the first time the person must, but for the effect of this subclause, comply with the relevant requirement in relation to a device of that kind of equipment; and

 (i) where a person must continue to meet the relevant requirement during a period – the person continues to comply with the relevant requirement for the model device during the period:

 (i) beginning at the first time the person must, but for the effect of this subclause, comply with the relevant requirement in relation to a device of that kind of equipment; and

 (ii) ending at the last time the person must, but for the effect of this subclause, comply with the relevant requirement in relation to a device of that kind of equipment.

Part 2—Applying a label

3  Requirement – applying a label to a device

 (1) For the purposes of subsections 25(5), 25(6), 27(3) and 28A(1), this clause requires a person to apply a label to a device.

 (2) Subject to subclause (4), if an applicable device is manufactured in Australia, the person who manufactured the device must apply a label to the device in accordance with this Part.

 (3) Subject to subclause (4), if an applicable device is imported, the person who imported the device must apply a label to the device in accordance with this Part.

 (4) If Schedule 4 does not prescribe a standard for an applicable device, this clause does not apply in relation to the device.

4  Who may apply a label to a device

 (1) For the purposes of subclause 3(2), a person who manufactures a device (manufacturer) is taken to apply a label to the device if the label is applied by an agent of the manufacturer, by a person who is authorised to apply the label by the manufacturer, or by a person who is authorised to apply the label by an agent of the manufacturer.

 (2) For the purposes of subclause 3(3), a person who imports a device (importer) is taken to apply a label to a device if the label is applied by an agent of the importer, by a person outside Australia who is authorised to apply the label by the importer, or by a person outside Australia who is authorised to apply the label by an agent of the importer.

5  The label

General requirements for the label and applying the label

 (1) The label must be:

 (a) the RCM; or

 (b) a QR code, or similar thing, if the relevant link is to information on a website that complies with subclause (8).

 (2) Subject to subclause (6) and clause 6, the label must be applied to the surface of the device in a place that is accessible to a user of the device without the use of any specialised equipment.

 (3) The label must be durable.

 (4) The label must be applied:

 (a) permanently; or

 (b) in a way that makes removal or obliteration difficult.

 (5) The label must be at least 3 mm high.

Applying the label to packaging

 (6) If, because of the size or physical nature of a device, it is impossible or impractical to apply the label to the surface of the device, the label must be applied to:

 (a) the external surface of the packaging used for the device, in a manner that complies with subclause (7); and

 (b) the documentation, including any warranty or guarantee certificate, that accompanies the device when it is offered for supply.

Note: See subclause 14(3).

 (7) For the purposes of paragraph (6)(a), the label must:

 (a) occupy an area that is greater than 1% of the external surface of the packaging; and

 (b) be clearly visible;

 (c) be applied in accordance with subclauses (3) to (5).

QR code information

 (8) For the purposes of paragraph (1)(b), the information on the website must display the RCM prominently.

6  Electronic labelling

 (1) This clause applies in relation to a device (relevant device) that has a built-in display.

 (2) A person is taken to comply with subclause 5(2) in relation to a relevant device if:

  (a) when the relevant device is first offered for supply, and at all later times, the built-in display of the relevant device is capable of displaying the RCM;

 (b) the documentation that accompanies the device at all times it is offered for supply by the person sets out instructions for displaying the RCM on the built-in display; and

 (c) it is difficult or impossible to prevent the RCM from being displayed on the built-in display when a person follows the instructions mentioned in paragraph (b).

Part 3—Requirements to be met before applying a label

7  Application of Part - requirements

  For the purposes of subsection 27(3), each of clauses 8 to 12 sets out a requirement to be met by a person before the person applies a label to a device in accordance with Part 2 of this Schedule.

8  Requirement – registration on national database

  A person must be registered on the national database.

9  Requirement – making a declaration of conformity

 (1) If the device is manufactured in Australia, the person who manufactured the device must make a declaration of conformity for the device that complies with subclause (3).

 (2) If the device is imported, either:

 (a) the person who imported the device must make a declaration of conformity for the device that complies with subclause (3); or

 (b) both:

 (i) the person who manufactured the device must make a declaration of conformity for the device that complies with subclause (3); and

 (ii) the person who imported the device must obtain a copy of that declaration.

 (3) A declaration of conformity for a device must:

 (a) either:

 (i) be in the form approved by the ACMA; or

 (ii) subject to paragraph (b), contain all the information required by the form approved by the ACMA, whether or not it includes other information; and

 (b) except for a declaration of conformity that is mentioned in subparagraph (2)(b)(i) – if the person making the declaration of conformity is a body corporate, contain one or more of:

 (i) an ABN; or

 (ii) an ACN; or

 (iii) an ARBN;

  of the person making the declaration; and

 (c) must declare that the device complies with the EME standard;

 (d) if the declaration is for a device other than a low risk device – must set out the measurement methods, or assessment methods, used to measure or assess whether the device complies with the EME standard, in accordance with Part 3 of Schedule 4.

Note: It is a serious offence to give false or misleading information (see section 137.1 of the Criminal Code).

 (4) The ACMA must approve a form for a declaration of conformity.

 (5) If the ACMA approved a form for a declaration of conformity for the purposes of the Radiocommunications (Compliance Labelling – Electromagnetic Radiation) Notice 2014, that form is taken to be approved under subclause (4), until the ACMA approves another form under subclause (4).

10  Requirement – obtaining or creating documents – low risk device

  If the device is a low risk device, the person must prepare a description of the device that complies with subclause 13(1).

11  Requirement – obtaining or creating documents – medium risk device

  If the device is a medium-risk device, the person must:

 (a) prepare a description of the device that complies with subclause 13(1); and

 (b) obtain a test report in relation to the device that complies with subclause 13(2).

12  Requirement – obtaining or creating documents – high risk device

  If the device is a high-risk device, the person must:

 (a) prepare a description of the device that complies with subclause 13(1); and

 (b) obtain a test report in relation to the device prepared by an accredited testing body that complies with subclause 13(2).

13  Description and test report

 (1) For the purposes of clauses 10, 11 and 12, a description of a device must have sufficient information to determine whether the device described is the same as:

 (a) a device for which a declaration of conformity is made; or

 (b) a device identified in a test report.

 (2) For the purposes of clauses 11 and 12, a test report in relation to a device must:

 (a) identify the device; and

 (b) state whether device complies with the EME standard; and

 (c) describe the methods used by the person who prepared the report to test whether the device complies with the EME standard; and

 (d) state the results of that test, including any measurement or evaluation data obtained from the test; and

 (e) state whether the methods used to test whether the device complies with the EME standard comply with Part 3 of Schedule 4; and

 (f) if:

 (i) Part 3 of Schedule 4 specifies measurement methods or assessment methods for the device by reference to a document; and

 (ii) the test report describes those methods; and

 (iii) the document sets out requirements for a test report for a test that uses those methods (test report requirements);

  comply with the test report requirements; and

 (g) not be false or misleading in a material particular.

Note: It is a serious offence to give false or misleading information (see section 137.1 of the Criminal Code).

Part 4—Requirements to be met after applying a label

14  Requirement – creating and keeping records – generally

 (1) For the purposes of subsection 28A(1) of this instrument, this clause sets out requirements to be met by a person after the person applies a label to a device in accordance with Part 2 of this Schedule.

 (2) A person (labeller) who applies a label to a device in accordance with Part 2 of this Schedule must keep the following records (compliance records) in accordance with this clause:

 (a) a declaration of conformity for the device, made in accordance with clause 9; and

 (b) a description of the device, prepared in accordance with Part 3 of this Schedule; and

 (c) if the device is a medium risk device or a high risk device – a test report obtained in accordance with Part 3 of this Schedule; and

 (d) if subclause 5(6) applies to the device – a record made in accordance with subclause (3);

 (e) if subclause (4) applies to the labeller – a record made in accordance with subclause (4);

 (f) if subclause (5) applies to the device – a record made in accordance with subclause (5).

 (3) If subclause 5(6) applies to a device, the labeller must create a written record of:

 (a) the reasons why subclause 5(6) applies to the device; and

 (b) where on the packaging of the device a label is applied.

 (4) If a labeller arranges for an agent to keep records on the person’s behalf for the purposes of this clause, the labeller must create a written record of the agency agreement between the labeller and the agent.

 (5) If a device is a variant of another device (the first device), the labeller must create a written record of the variant that:

 (a) identifies the first device; and

 (b) identifies the variant; and

 (c) describes the differences between the first device and the variant; and

 (d) provides a technical rationale for why the variant complies with the EME standard; and

 (e) includes evidence that the electromagnetic exposure caused by the variant is not likely to exceed that of the first device; and

 (f) is not false or misleading in a material particular.

Note: It is a serious offence to give false or misleading information (see section 137.1 of the Criminal Code).

 (6) A compliance record for a device must be kept during the period:

 (a) commencing on the day the record is created; and

 (b) ending on the day occurring 5 years after the device is first supplied to a person.

 (7) A compliance record must be in English.

Part 5—Transitional

15  Requirement – applying a label – transitional provisions

 (1) For the purposes of subsection 28A(1) of this instrument, paragraph (2)(f) sets out a requirement to be met by a person after the person applies a label to a device in accordance with Part 2 of this Schedule.

 (2) If:

 (a) an applicable device complies with the Radiocommunications (Compliance Labelling – Electromagnetic Radiation) Notice 2014, as in force immediately before the commencement day; and

 (b) before the commencement day a person applied a label to the device in accordance with the Radiocommunications (Compliance Labelling – Electromagnetic Radiation) Notice 2014, as in force at the time the person applied the label to the device; and

 (c) before the person applied the label to the device, the person complied with Part 2 of the Radiocommunications (Compliance Labelling – Electromagnetic Radiation) Notice 2014, as in force at the time the person applied the label to the device;

  then:

 (d) the person is taken to have applied a label to the device in accordance with Part 2 of this Schedule; and

 (e) the person is taken to have met the requirements in Part 3 of this Schedule before applying the label to the device; and

 (f) the person is required to comply with Part 4 of the Radiocommunications (Compliance Labelling – Electromagnetic Radiation) Notice 2014, as in force at the time the person applied the label to the device, as if that instrument had not been repealed.

 (3) In this clause, commencement day means the day this clause commenced.

Schedule 4—Standard in relation to human exposure to electromagnetic energy

(section 4)

Part 1—Preliminary

1  Object of this Schedule

  The object of this Schedule is to protect the health or safety of individuals from any adverse effect likely to be attributable to radio emissions resulting from a reasonably foreseeable use (including a misuse) of radiocommunications transmitters.

2  Interpretation

 (1) In this Schedule:

applicable device: see subclause 3(1).

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 ARPANSA.

Note: The ARPANSA standard is available, free of charge, from the ARPANSA website: www.arpansa.gov.au.

AS/NZS 2772.2 means:

 (a) the document titled ‘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 document 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: www.standards.org.au. AS/NZS 2772.2 is also available to be viewed, on prior request, at an ACMA office, subject to licensing conditions.

Aware User has the meaning given by paragraph 5.1.1(c) of the ARPANSA standard.

basic restrictions means the restrictions identified as basic restrictions in sections 2 and 3 of the ARPANSA standard.

C95.3 means:

 (a) the document titled ‘IEEE C95.3:2021 – IEEE Recommended Practice for Measurements and Computations of Electric, Magnetic, and Electromagnetic Fields with Respect to Human Exposure to Such Fields, 0 Hz to 300 GHz’, published by the Institute of Electrical and Electronics Engineers; or

 (b) if a later document published by the Institute of Electrical and Electronics Engineers is expressed to replace the document mentioned in paragraph (a) – the later document.

Note: C95.3 may be obtained, for a fee, from the website of the Institute of Electrical and Electronics Engineers: standards.ieee.org. C95.3 is also available to be viewed, on prior request, at an ACMA office, subject to licensing conditions.

EN 62209-1 means:

 (a) the document titled ‘EN 62209-1:2016 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 Standardization; or

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

Note: EN 62209-1 may be obtained, for a fee, from a Standards Australia distributor listed on the Standards Australia website: www.standards.org.au. EN 62209-1 is also available to be viewed, on prior request, at an ACMA office, subject to licensing conditions.

EN 62209-2 means:

 (a) the document titled ‘EN 62209-2:2010 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 Standardization; or

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

Note: EN 62209-2 may be obtained, for a fee, from a Standards Australia distributor listed on the Standards Australia website: www.standards.org.au. EN 62209-2 is also available to be viewed, on prior request, at an ACMA office, subject to licensing conditions.

human body includes the head, neck, trunk and limbs.

IEC 62209-3 means:

 (a) the document titled ‘IEC/IEEE 62209-3:2019 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 3: Vector measurement-based systems (Frequency range of 600 MHz to 6 GHz)’, published by the International Electrotechnical Commission; or

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

Note: IEC 62209-3 may be obtained, for a fee, from a Standards Australia distributor listed on the Standards Australia website: www.standards.org.au. IEC 62209-3 is also available to be viewed, on prior request, at an ACMA office, subject to licensing conditions.

IEC/IEEE 62209-1528 means:

 (a) the document titled ‘IEEE/IEC 62209-1528:2020 – 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 1528: Human models, instrumentation, and procedures (Frequency range of 4 MHz to 10 GHz)’, published by the International Electrotechnical Commission; or

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

Note: IEC/IEEE 62209-1528 may be obtained, for a fee, from a Standards Australia distributor listed on the Standards Australia website: www.standards.org.au. IEC/IEEE 62209-1528 is also available to be viewed, on prior request, at an ACMA office, subject to licensing conditions.

IEC TR 63170 means:

 (a) the document titled ‘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; or

 (b) if a later document published by the International Electrotechnical Commission 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: www.standards.org.au. IEC TR 63170 is also available to be viewed, on prior request, at an ACMA office, subject to licensing conditions.

integral antenna, for a device, means an antenna that is:

 (a) permanently attached to the device; or

 (b) designed to be directly attached to a fixed connection on the device, without the use of an external cable.

reference levels means the levels identified as reference levels in sections 2 and 3 of the ARPANSA standard.

RPS S-1 Advisory Note means:

 (a) the document titled ‘RPS S-1 Advisory Note: Compliance of mobile or portable transmitting equipment (100 kHz to 300 GHz)’, published by ARPANSA; or

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

Note: RPS S-1 Advisory Note is available, free of charge, from the ARPANSA website: www.arpansa.gov.au.

SA TR IEC 63170 means:

 (a) the document titled ‘SA TR IEC 63170:2020 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 Standards Australia; or

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

Note: SA TR IEC 63170 may be obtained, for a fee, from a Standards Australia distributor listed on the Standards Australia website: www.standards.org.au. SA TR IEC 63170 is also available to be viewed, on prior request, at an ACMA office, subject to licensing conditions.

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.

 (2) A term that is:

 (a) used, but not defined, in this Schedule; and

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

  has the same meaning in this Schedule as given by the Glossary.

Part 2—EME standard

3  Standard – performance requirements for equipment

 (1) This clause prescribes a standard (EME standard) for each device (applicable device) that:

 (a) is a mobile station; and

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

 (c) has an integral antenna; and

 (d) is not intended to be used as an emergency location beacon.

 (2) If, for an applicable device:

 (a) the device is normally used 20 centimetres or less from the human body (normal position); and

 (b) a measurement method is specified for the device in Part 3 of this Schedule;

  the device, when used in its normal position and in its normal mode of operation, must comply with:

 (c) if the device is used by an Aware User, or is reasonably likely only to be used by an Aware User – the basic restrictions for occupational exposure; and

 (d) in any other case – the basic restrictions for general public exposure.

Note: A device that is normally used in close proximity to the human head or ear is necessarily normally used 20 centimetres or less from the human body.

 (3) If, for an applicable device:

 (a) the device is normally used more than 20 centimetres from the human body (normal position); and

 (b) an assessment method is specified for the device in Part 3 of this Schedule;

  the device, when used in its normal position and in its normal mode of operation, must comply with:

 (c) if the device is used by an Aware User, or reasonably likely only to be used by an Aware User – the reference levels for occupational exposure; and

 (d) in any other case – the reference levels for general public exposure.

 (4) Whether a device complies with the standard in subclause (2) must be measured in accordance with one or more of the measurement methods specified for the device in clause 4.

 (5) Whether a device complies with the standard in subclause (3) must be assessed in accordance with one or more of the assessment methods specified for the device in clause 4.

 (6) For the purposes of this clause, if a device is capable of being used in simultaneous multi-band transmission mode, normal mode of operation means that mode.

 (7) Despite subclauses (2) and (3), if neither a measurement method nor an assessment method is specified for an applicable device in Part 3 of this Schedule, no standard is prescribed for the device.

Part 3—Measurement methods and assessment methods for EME standard

4  Measurement methods and assessment methods for EME standard

 (1) If an applicable device:

 (a) is normally used in the manner described in an item in column 1 of the table below; and

 (b) operates in the frequency range specified in column 2 of that item;

  then, for the purposes of subclauses 3(2) and 3(3), the measurement methods or assessment methods specified for the device are those specified in column 3 of that item.

 (2) If, as a result of subclause (1), more than one measurement method or assessment method is specified for a device, any of those measurement methods or assessment methods may be used for the purposes of subclauses 3(4) and 3(5).

Item

Column 1

Column 2

Column 3

 

Manner of use

Frequency range (inclusive of both boundaries)

Measurement methods or assessment methods

1

Normally used only in close proximity to the human ear

300 MHz to 6 GHz

Measurement methods set out in EN 62209-1

2

Normally used 20 centimetres or less from the human body, but not in close proximity to the human ear

30 MHz to 6 GHz

Measurement methods set out in EN 62209-2

3

Normally used 20 centimetres or less from the human body, including in close proximity to the human ear or human head

4 MHz to 10 GHz

Measurement methods set out in IEC/IEEE 62209-1528

4

Normally used 20 centimetres or less from the human body, including in close proximity to the human ear or human head

600 MHz to 6 GHz

Measurement methods set out in IEC 62209-3

5

Normally used 20 centimetres or less from the human body, including in close proximity to the human ear or human head

6 GHz and 100 GHz

Measurement methods set out in:

(a) IEC TR 63170; or

(b) SA TR IEC 63170

6

Normally used more than 20 centimetres from the human body

100 kHz and 100 GHz

Assessment methods set out in:

(a) AS/NZS 2772.2; or

(b) C95.3

Part 4—Transitional

5  Standard – transitional provisions

 (1) If an applicable device is manufactured in Australia before the commencement day, or not later than 12 months after the commencement day, the device is taken to comply with the EME standard if it complies with the Radiocommunications (Electromagnetic Radiation – Human Exposure) Standard 2014, as in force immediately before the commencement day.

 (2) If an applicable device is imported before the commencement day, or not later than 12 months after the commencement day, the device is taken to comply with the EME standard if it complies with the Radiocommunications (Electromagnetic Radiation – Human Exposure) Standard 2014, as in force immediately before the commencement day.

 (3) If an applicable device:

 (a) is manufactured in Australia; and

 (b) before the commencement day, or not later than 12 months after the commencement day, is altered or modified in a material respect;

  the device, as altered or modified, is taken to comply with the EME standard if it complies with the Radiocommunications (Electromagnetic Radiation – Human Exposure) Standard 2014, as in force immediately before the commencement day.

 (4) If an applicable device:

 (a) is imported; and

 (b) before the commencement day, or not later than 12 months after the commencement day, is altered or modified in a material respect;

  the device, as altered or modified, is taken to comply with the EME standard if it complies with the Radiocommunications (Electromagnetic Radiation – Human Exposure) Standard 2014, as in force immediately before the commencement day.

 (5) In this clause, commencement day means the day this clause commenced.

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)

   /subsubparagraph(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 Equipment (General) Rules 2021

28 May 2021 (see F2021L00661)

17 June 2021

 

Radiocommunications Equipment (General) Amendment Rules 2021 (No.1)

12 November 2021
(see F2021L01554)

13 November 2021

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Endnote 4—Amendment history

 

Provision affected

How affected

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

rep. LA s.48D

s.4(1)...................

am. F2021L01554

par.6(d)..................

rep. F2021L01554

s.18....................

am. F2021L01554

s.25(5) (heading)............

am. F2021L01554

s.25(5)..................

am. F2021L01554

s.25(6)..................

am. F2021L01554

s.27(3) (heading)............

am. F2021L01554

s.27(3)..................

rs. F2021L01554

s.28(3)..................

ad. F2021L01554

s.28A...................

ad. F2021L01554

s.29(1)..................

am. F2021L01554

s.29(6)..................

rep. F2021L01554

s.48....................

am. F2021L01554

s.53....................

ad. F2021L01554

Part 9...................

ad. F2021L01554

Schedule 2................

ad. F2021L01554

Schedule 3................

ad. F2021L01554

Schedule 4................

ad. F2021L01554