Schedule 1—Amendments

(section 4)

Radiocommunications Equipment (General) Rules 2021 (F2021L00661)

1 Subsection 4(1)

Insert:

EVC means Electric Vehicle Council of Australia Limited (ACN 645 443 401).

2 At the end of paragraph 48(g)

Insert ‘;’.

3 Paragraph 48(h)

Repeal the paragraph, substitute:

(h) subsection 54B(1);

(i) subsection 54C(1);

(j) subsection 54C(2).

4 Subparagraph 54(1)(f)(ii)

Repeal the subparagraph, substitute:

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

(g) 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 EVC; and

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

(h) the device:

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

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

5 Subsection 54(3)

Omit ‘clause’, substitute ‘section’.

6 After section 54B

Insert:

54C Exemption – devices in vehicles to which an industry code applies

(1) A person does not contravene:

(a) a prohibition in Part 3 of this instrument that relates to:

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

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

(iii) supply of a device; or

(b) a prohibition in subsections 25(3), 25(4), or 27(2), or the obligation in section 29, in relation to a device;

if:

(i) is manufactured in Australia as part of a vehicle, or installed in Australia in a vehicle, or imported as part of a vehicle, by a member of the EVC, and is an integral part of the vehicle; or

(ii) is a vehicle manufactured in Australia, or imported, by a member of the EVC; and

(d) either:

(i) the vehicle is in the possession of that member of the EVC; or

(ii) the vehicle is first supplied by a member of the EVC; and

(e) the EVC code is expressed to apply to the vehicle; and

(f) the vehicle complies with all Broadband Emissions and Narrowband Emissions requirements specified in the EVC code as existing at the time the device or vehicle was manufactured in Australia or imported, or the device was installed in Australia in a vehicle.

(2) A person does not contravene:

(a) a prohibition in Part 3 of this instrument that relates to:

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

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

(iii) supply of a device; or

(b) a prohibition in subsections 25(3), 25(4), or 27(2), or the obligation in section 29, in relation to a device;

if:

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

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

(d) the EVC code is expressed to apply to the device; and

(e) the device complies with all Broadband Emissions and Narrowband Emissions requirements specified in the EVC code as existing at the time the device was manufactured or imported.

Definitions

(3) In this section:

Broadband Emissions has the meaning given by the EVC code.

EVC code means:

(a) the Voluntary Code of Practice for Electromagnetic Compatibility of Motor Vehicles Radiocommunications, published by EVC; or

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

Note: The EVC code is available, free of charge, from the EVC website at www.electricvehiclecouncil.com.au.

Narrowband Emissions has the meaning given by the EVC code.