Radiocommunications Equipment (General) Rules 2021 (Cth)
made under subsection 156(1) of the
Prepared by the Australian Communications and Media Authority, Melbourne
This is a compilation of the
The notes at the end of this compilation (the
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 Register ( 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 Register for the compiled law.
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.
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 Register for the compiled law.
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
1 Name. 1
3 Authority. 1
4 Interpretation. 1
5 References to other instruments. 2
6 Effect of obligations and prohibitions on other obligations and prohibitions. 2
7 When a device does not comply with EMC standard or EME standard. 3
8 Simplified outline of this Part 4
9 Object of this Part 4
10 Prohibition – causing emissions and general standards. 4
11 Prohibition – possession and general standards 4
12 Prohibition – supply and general standards. 5
13 Simplified outline of this Part 7
14 Object of this Part 7
15 Prohibition – causing emissions and the EMC standard. 7
16 Prohibition – possession and the EMC standard. 8
17 Prohibition – supply and the EMC standard. 9
18 Simplified outline of this Part 11
19 Object of this Part 11
20 Prohibition – causing emissions and the EME standard. 11
21 Prohibition – possession and the EME standard. 11
22 Prohibition – supply and the EME standard. 12
23 Simplified outline of this Part 13
24 Object of this Part 13
25 Prohibition – supplying an unlabelled device. 13
26 Application of section 25. 14
27 Prohibition – applying a label without satisfying requirements. 14
28 Application of section 27. 15
28A Obligation – complying with requirements after applying a label under Schedule 3. 15
29 Application of certain requirements in labelling notices 16
30 Simplified outline of this Part 18
Object of this Part 18
32 Definitions. 18
33 Prohibition – supply of cellular mobile repeater to unlicensed person. 19
34 Obligation – keeping records of supply of cellular mobile repeater 20
35 Simplified outline of this Part 21
36 Object of this Part 21
Definitions. 21
Application. 21
39 Decision on application. 22
40 Duration of permits. 22
41 Conditions 23
42 Varying permit 23
43 Applying for variation. 24
44 Suspending or cancelling permit 24
45 Permissions in force before commencement of instrument 26
46 Simplified outline of this Part 27
47 Object of this Part 27
Definitions. 27
Exemption – emergency transmission. 27
50 Exemption – possession or supply for use solely outside Australia. 28
51 Exemption – supply for modification. 28
52 Exemption – supply for re-export 28
Exemption – persons acting in relation to particular devices exempt from prohibitions in Part 4. 28
54 Exemption – particular manufacturers and importers exempt from labelling in relation to certain equipment 29
54A Exemption – devices used for significant events. 30
54B Exemption – equipment imported from New Zealand. 31
55 Simplified outline of this Part 33
56 Object of this Part 33
57 National database. 33
58 Registration on national database. 33
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 theA New Tax System (Australian Business Number) Act 1999 .
ACN has the meaning given by section 9 of theCorporations Act 2001 .
ARBN has the meaning given by section 9 of theCorporations Act 2001 .
ARPANSA means the Australian Radiation Protection and Nuclear Safety Agency.
broadcasting service has the meaning given by section 6 of theBroadcasting Services Act 1992 .
EMC labelling notice means theRadiocommunications 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 theRadiocommunications (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 clause 3 of Schedule 5.
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 is a
standard :
(a) the EMC standard;
(b) the EME standard;
(c) each general standard.
(3) In this instrument, a standard is prescribed for a particular device if:
(a) the standard is prescribed for a kind of equipment; and
(b) the device is an item of that kind of equipment.
Note: If a standard is prescribed for a particular device, then the standard is applicable to the device for the purposes of paragraphs 107(1)(d), 133(2)(e) and 166(3)(d), and subparagraph 166(1)(b)(ii), of the Act.
(4) In this instrument, unless the contrary intention appears, a reference to a frequency band includes all frequencies that are greater than but not including the lower frequency, up to and including the higher frequency.
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 theLegislation Act 2003 for the application of theActs 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.
(1) 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;
(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, and a provision in the EMC labelling notice.
(2) However, nothing in:
(a) this instrument; or
(b) an instrument made under subsection 407(1) of the
Telecommunications Act 1997 ; or(c) the EMC labelling notice;
requires a person to apply the same label, in the same manner, to a device more than once.
Note: This subsection does not affect the requirements to be met before or after applying a label to a device.
Example: Both this instrument and an instrument made under subsection 407(1) of the
Telecommunications Act 1997 require a person to apply a label to a particular device before supplying the device. The person complies with that requirement in both instruments by applying only one label to the device. This is because the form of the label and the way it is applied to meet that requirement in both instruments are the same. The person must still comply with the requirements in both instruments that must be met before applying a label, and after applying a label.
(1) In this instrument, a device that was manufactured in Australia does not comply with the EMC standard or the EME standard if :
(a) where the device has not been altered or modified in a material respect after its manufacture – the device did not comply with the standard when the device was manufactured;
(b) where the device has been altered or modified in a material respect after its manufacture – did not comply with the standard when the device was so altered or modified.
(2) In this instrument, a device that was imported does not comply with the EMC standard or the EME standard if:
(a) where the device has not been altered or modified in a material respect after it was imported – the device did not comply with the standard when the device was imported;
(b) where the device has been altered or modified in a material respect after it was imported – the device did not comply with the standard when the device was so altered or modified.
Note: For when a device complies with a general standard in relation to an industry document, see clause 4 of Schedule 5.
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.
Schedule 5 prescribes standards for equipment, referred to as general standards.
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) contain interference to radiocommunications; and
(b) contain interference to any uses or functions of equipment.
(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 prescribed for 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 prescribed for 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 prescribed for 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.
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.
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.
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.
(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.
(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(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.
(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.
(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.
(1) In this section, a
post-label provision is a provision of the EMC labelling notice that imposes an obligation on a person to do a thing after a label has been applied to equipment.
(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.
(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.
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 theTelecommunications 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.
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.
(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 theAustralian 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 theAustralian 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.
(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 standards;
(b) to possess a device that does not comply with one or more specified standards;
(c) to supply a device that does not comply with one or more specified 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 standards;
(b) to possess a device that does not comply with one or more specified standards;
(c) to supply a device that does not comply with one or more specified 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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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 theRadiocommunications 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.
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);
(g) subsection 54A(1)
(h) subsection 54B(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) or 25(6), or in section 27, 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 general standards and 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 or any general standard that is prescribed for the device: see Parts 2 and 4 of this instrument.
(1) A person does not contravene a prohibition in Part 2 of this instrument in relation to a device if:
(a) the device is imported solely for use in Australia in connection with a significant event; and
(b) subject to subsection (1A), in a case where there is a requirement to the effect that the device is tested or inspected before it may be used in Australia – the requirement has been satisfied; and
(c) in a case where:
(i) subject to subsection (1A), there is a condition or requirement on the use or operation of the device in Australia; and
(ii) the prohibition in Part 2 relates to causing radio emission to be made by the device;
the device is only used or operated in compliance with that condition or requirement; and
(d) the device is used or operated in Australia only at the location, and only during the period, of the significant event.
Note: If this exemption applies in relation to a device, it applies only in relation to general standards. Prohibitions in relation to the EMC standard and the EME standard may still apply in relation to the device.
(1A) Paragraph (1)(b) and subparagraph (1)(c)(i) do not apply in relation to a condition or requirement in:
(a) Part 2 of this instrument; or
(b) Schedule 5 to this instrument; or
(c) the LIPD class licence, to the extent the condition or requirement relates to:
(i) Part 2 of this instrument; or
(ii) Schedule 5 to this instrument.
(2) For the purposes of this section, the ACMA may make a notifiable instrument that does all of the following:
(a) declares a specified event to be a
significant event ;(b) specifies a period as the
period of the significant event ;(c) specifies a location as the
location of the significant event .Note: See also subsection (7).
(3) Before making an instrument under subsection (2), the ACMA must have regard to:
(a) the object of the Act; and
(b) whether the instrument would be directed towards achieving any of the objectives set out in subsection 156(3) of the Act; and
(c) the likelihood that:
(i) a person will enter Australia temporarily to attend the event (regardless of the capacity in which the person attends the event); and
(ii) the person will, when entering Australia, bring equipment into Australia for the purposes of attending the event; and
(iii) the person will, when leaving Australia, take the equipment outside Australia; and
(d) whether the organiser of the event has put, or proposes to put, in place any measures to minimise the risk of interference being caused by equipment in use at the event and, if so, the nature of those measures.
(4) For paragraph (2)(b), the ACMA must not specify a period greater than 1 month.
(5) If the ACMA makes an instrument under subsection (2), the ACMA must publish, on its website, a statement that a significant event has been declared, the period of the significant event and the location of the significant event.
(6) A failure to comply with subsection (5) does not affect the validity of an instrument under subsection (2).
(7) For the purposes of this section, if:
(a) before the commencement of this section:
(i) the Chair of the ACMA approved a notice that specified an event (
relevant event ) at a location (relevant location ); and(ii) that notice was published on the ACMA’s website; and
(b) the whole or a part of the relevant event occurs after that commencement;
then:
(c) the relevant event is a
significant event ; and(d) the period of 1 month beginning at the earlier of the following times:
(i) the start of the relevant event; or
(ii) the commencement of this section;
is the
period of the significant event ; and
(e) the relevant location is the
location of the significant event .
(8) In this section,
LIPD class licence has the same meaning as in Schedule 5.
(1) A person does not contravene a prohibition in Part 5 of this instrument that relates to the supply of a device if:
(a) the device was imported from New Zealand; and
(b) the device complies with New Zealand labelling legislation; and
(c) a general standard is prescribed for the device; and
(d) the device is not an applicable device.
(2) For paragraph (1)(b), a device
complies with New Zealand labelling legislation if:
(a) the device complies, within the meaning of the New Zealand Radio Standards Notice, with each standard mentioned in Table 1 of that notice that applies to the device, which has a level of conformity of 1, 2, 3, A1, A2 or A3; and
(b) the supplier of the device, within the meaning of the New Zealand Compliance Notice, has the documents mentioned in section 4 of that notice for level of conformity 1, 2, 3, A1, A2 or A3; and
(c) the device is labelled with a compliance mark, within the meaning of the New Zealand Compliance Notice.
(3) In this section:
applicable device has the same meaning as in Schedule 4.
New Zealand Compliance Notice means:
(a) the Radiocommunications (Compliance) Notice 2020 made under paragraphs 32(1)(d) to (h) of the
Radiocommunications Regulations 2001 of New Zealand; or(b) if a later document replaces that notice – the later document.
Note 1: The New Zealand Compliance Notice is available, free of charge, from the Radio Spectrum Management website at
2: The Radiocommunications Regulations 2001 of New Zealand are available, free of charge, from the New Zealand legislation website atZealand Radio Standards Notice means:
(a) the Radiocommunications Regulations (Radio Standards) Notice 2020 made under paragraphs 32(1)(a), (b), (d) and (j) of the
Radiocommunications Regulations 2001 of New Zealand; or(b) if a later document replaces that notice – the later document.
Note 1: The New Zealand Radio Standards Notice is available, free of charge, from the Radio Spectrum Management website at
2: The Radiocommunications Regulations 2001 of New Zealand are available, free of charge, from the New Zealand legislation website at9—National database
55 Simplified outline of this Part 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.
56 Object of this Part
(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.
57 National database
(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.
(4) If, before the commencement of this subsection, a person was registered on the database mentioned in section 11 of the
Radiocommunications (Compliance Labelling – Devices) Notice 2014 , as in force immediately before that commencement, the person is taken to be registered on the national database.
58 Registration on 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 theCorporations 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 1 — Exempt repeaters (section 32 and subsection 33(5))
1 Interpretation In this Schedule:
cellular mobile repeater has the meaning given by section 32.
exempt repeater : see clause 3.
2 Carrier may request ACMA to make instrument
A carrier may request, in writing, the ACMA to make an instrument under clause 3 in relation to a specified cellular mobile repeater.
3 Instrument of exempt 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 .
4 Publication of 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.
5 Refusal to make 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)
Note: The RCM is a protected symbol (see section 166 of the Act).
Schedule 3—Labelling requirements (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;
(c) contain interference to radiocommunications;
(d) contain interference to any uses or functions of equipment.
2
Interpretation
(1) In this Schedule:
accredited testing body , in relation to a document, or a standard prescribed for equipment, means a laboratory that is:
(a) accredited by NATA to conduct testing against that document or 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 document or standard; or
(ii) another document or requirement that is equivalent to that document or 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 More information about the International Laboratory Accreditation Cooperation can be obtained from its website, at 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).
EME compliance level 1 device : see subclause (3).
EME compliance level 2 device means an applicable device that is:
(a) not an EME compliance level 1 device; and
(b) normally used more than 20 centimetres from the human body.
EME compliance level 3 device means an applicable device that is neither an EME compliance level 1 device nor an EME compliance level 2 device.
general compliance level 1 device means a device for which one of the following general standards is prescribed:
(a) the Intelligent Transport Systems Standard;
(b) the Short Range Equipment Standard.
Note: See clause 3 of Schedule 5.
general compliance level 2 device means a device that is not a general compliance level 1 device.
human body includes the head, neck, trunk and limbs.
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: persistent-id="av.2997027" version="_1_0">
inland waterways means waters within Australia, other than the Australian territorial sea.
inshore boating radio service means a maritime mobile service comprising:
(a) one or more limited coast stations; and
(b) one or more maritime ship stations;
that operate in either or both the Australian territorial sea or inland waterways.
limited coast station has the meaning given by:
(a) the
Radiocommunications (Maritime Ship Station) Class Licence 2025 ; or(b) if a later instrument replaces that class licence and defines the term – the later instrument.
Note 1: The
Radiocommunications (Maritime Ship Station) Class Licence 2025 is available, free of charge, from the Federal Register of Legislation at 2: At the time theRadiocommunications Equipment (General) Amendment Rules 2025 (No. 1) commenced, the following expressions were defined in theRadiocommunications (Interpretation) Determination 2025 :(a) 27 MHz maritime frequency;
(b) maritime mobile service;
(c) maritime ship station.
Note 3: In this Part, “carrier” is not intended to have the meaning given by the
Radiocommunications (Interpretation) Determination 2025 .34
Modification of AS/NZS 4367
(1) This clause modifies AS/NZS 4367 for the purposes of the Equipment Used in the Inshore Boating Radio Services Bands Standard.
(2) Subclause 4.1 (Equipment markings), or any equivalent provision, does not form part of the Equipment Used in the Inshore Boating Radio Services Bands Standard.
Part 11—MF and HF Equipment – International Maritime Service Standard 35
ETSI EN 303 402 In this Schedule,
ETSI EN 303 402 means ETSI EN 303 402 V2.1.2 (2017-09) ‘Maritime mobile transmitters and receivers for use in the MF and HF bands; Harmonised Standard covering the essential requirements of articles 3.2 and 3.3(g) of Directive 2014/53/EU’, published by the European Telecommunications Standards Institute.Note: ETSI EN 303 402 is available, free of charge, from the website of the European Telecommunications Standards Institute at
36
Additional definition for MF and HF Equipment – International Maritime Service Standard In this Schedule,
MF and HF equipment used in the international maritime mobile service means equipment that is:
(a) operated on a medium frequency or a high frequency; and
(b) a radiocommunications device; and
(c) used in the maritime mobile service.
Note: At the time the
Radiocommunications Equipment (General) Amendment Rules 2025 (No. 1) commenced, a number of expressions used in this Part were defined in theRadiocommunications (Interpretation) Determination 2025 , including:(a) high frequency;
(b) maritime mobile service;
(c) medium frequency.
37
Modification of ETSI EN 303 402
(1) This clause modifies ETSI EN 303 402 for the purposes of the MF and HF Equipment – International Maritime Service Standard.
(2) A clause of ETSI EN 303 402, or any equivalent provision, only forms part of the MF and HF Equipment – International Maritime Service Standard if:
(a) both:
(i) the clause is specified in an item of the table; and
(ii) the circumstances set out in that item exist; or
(b) the clause defines a word or phrase used in a clause covered by paragraph (a), or is otherwise necessary for the operation of the last-mentioned clause.
Item
Column 1
Column 2
Clause of ETSI EN 303 402
Circumstances in which the clause applies
1 Clause 4.2 (General, operational and technical requirements)
All
2 Clause 7.4.2 (Dry heat)
All
3 Clause 7.4.3 (Damp heat)
All
4 Clause 7.4.4 (Low temperature cycle)
All
5 Clause 7.5 (Vibration test)
All
6 Clause 7.6 (Corrosion test)
Only in the circumstances set out in clause 7.6.1 of ETSI EN 303 402
7 Clause 7.7 (Rain test)
Only if equipment is mounted above deck on a ship
8 Clause 8.1 (Frequency error)
All
9 Clause 8.2 (Output power and intermodulation products)
All
10 Clause 8.3 (Power of out-of-band emissions of SSB telephony)
All
11 Clause 8.4 (Power of conducted spurious emissions of SSB telephony)
All
12 Clause 8.5 (Carrier suppression)
All
13 Clause 8.6 (Unwanted frequency modulation)
All
14 Clause 8.7 (Sensitivity of the microphone and the 600 Ω line inputs for SSB telephony)
All
15 Clause 8.8 (Automatic level control and/or limiter for SSB telephony)
All
16 Clause 8.9 (Audio frequency response of SSB telephony)
All
17 Clause 8.10 (Residual hum and noise power for telephony)
All
18 Clause 8.11 (Residual frequency modulation on DSC)
All
19 Clause 8.12 (Continuous operation on telephony)
All
20 Clause 8.13 (Protection of transmitter)
All
21 Clause 8.14 (Transmitter radiated spurious emissions)
All
22 Clause 9.1 (Receiver spurious emissions)
All
23 Clause 9.2 (Maximum usable sensitivity)
All
24 Clause 9.3 (Adjacent signal selectivity)
All
25 Clause 9.4 (Blocking or desensitization)
All
26 Clause 9.5 (Intermodulation response)
All
27 Clause 9.6 (Spurious response rejection ratio)
All
28 Clause 9.7 (Receiver frequency error)
All
29 Clause 9.8 (Unwanted frequency modulation)
All
30 Clause 9.9 (Pass band)
All
31 Clause 9.10 (Reciprocal mixing)
All
32 Clause 9.11 (Harmonic content in output)
All
33 Clause 9.12 (Audio frequency intermodulation)
All
34 Clause 9.13 (Internally generated spurious signals)
All
35 Clause 9.14 (AGC efficiency)
All
36 Clause 9.15 (AGC time constants (attack and recovery time))
All
37 Clause 9.16 (Protection of input circuits)
All
Part 12—VHF Radiotelephone Equipment – Maritime Mobile Service Standard (Part 1, Part 2 and Part 3) 38
AS/NZS ETSI EN 301 025 In this Schedule,
AS/NZS ETSI EN 301 025 means AS/NZS ETSI EN 301 025:2018 ‘VHF radiotelephone equipment for general communications and associated equipment for Class “D” Digital Selective Calling (DSC)’, published by Standards Australia and Standards New Zealand.Note: AS/NZS ETSI EN 301 025 may be obtained, for a fee, from a Standards Australia distributor listed on the Standards Australia website at AS/NZS ETSI EN 301 025 is also available to be viewed, on prior request, at an ACMA office, subject to licensing conditions.
39
AS/NZS ETSI EN 301 178 In this Schedule,
AS/NZS ETSI EN 301 178 means AS/NZS ETSI EN 301 178:2018 ‘Portable Very High Frequency (VHF) radiotelephone equipment for the maritime mobile service operating in the VHF bands (for non-GMDSS applications only)’’, published by Standards Australia and Standards New Zealand.Note: AS/NZS ETSI EN 301 178 may be obtained, for a fee, from a Standards Australia distributor listed on the Standards Australia website at AS/NZS ETSI EN 301 178 is also available to be viewed, on prior request, at an ACMA office, subject to licensing conditions.
40
AS/NZS ETSI EN 302 885 In this Schedule,
AS/NZS ETSI EN 302 885 means AS/NZS ETSI EN 302 885:2018 ‘Portable Very High Frequency (VHF) radiotelephone equipment for the maritime mobile service operating in the VHF bands with integrated handheld class H DSC’, published by Standards Australia and Standards New Zealand.Note: AS/NZS ETSI EN 302 885 may be obtained, for a fee, from a Standards Australia distributor listed on the Standards Australia website at AS/NZS ETSI EN 302 885 is also available to be viewed, on prior request, at an ACMA office, subject to licensing conditions.
41
ETSI EN 301 025 In this Schedule,
ETSI EN 301 025 means ETSI EN 301 025 V2.3.1 (2021-12) ‘VHF radiotelephone equipment for general communications and associated equipment for Class “D” Digital Selective Calling (DSC); Harmonised Standard for access to radio spectrum and features for emergency services”, published by the European Telecommunications Standards Institute.Note: ETSI EN 301 025 is available, free of charge, from the website of the European Telecommunications Standards Institute at
42
ETSI EN 301 178 In this Schedule,
ETSI EN 301 178 means ETSI EN 301 178 V2.2.2 (2017-04) ‘Portable Very High Frequency (VHF) radiotelephone equipment for the maritime mobile service operating in the VHF bands (for non-GMDSS applications only); Harmonised Standard covering the essential requirements of articles 3.2 and 3.3(g) of Directive 2014/53/EU’, published by the European Telecommunications Standards Institute.Note: ETSI EN 301 178 is available, free of charge, from the website of the European Telecommunications Standards Institute at
43
ETSI EN 302 885 In this Schedule,
ETSI EN 302 885 means ETSI EN 302 885 V2.2.2 (2017-03) ‘Portable Very High Frequency (VHF) radiotelephone equipment for the maritime mobile service operating in the VHF bands with integrated handheld class H DSC; Harmonised Standard covering the essential requirements of articles 3.2 and 3.3(g) of Directive 2014/53/EU’, published by the European Telecommunications Standards Institute.Note: ETSI EN 302 885 is available, free of charge, from the website of the European Telecommunications Standards Institute at
44
Additional definitions for VHF Equipment – Maritime Mobile Service Standard (Part 1, Part 2 and Part 3) In this Schedule:
fixed VHF equipment means equipment that is a radiocommunications device that is:
(a) one of the following;
(i) permanently installed on a ship;
(ii) a limited coast assigned system station;
(iii) a limited coast marine rescue station;
(iv) a limited coast non assigned station; or
(b) operated on one or more of the maritime mobile service VHF frequencies.
ITU-R Recommendation M.493 means:
(a) ITU-R Recommendation M.493 ‘Digital selective-calling system for use in the maritime mobile service’, published by the Radiocommunications Sector of the International Telecommunication Union; or
(b) if a later document replaces that document – the later document.
Note: ITU-R Recommendation M.493 is available, free of charge, from the website of the International Telecommunication Union at
maritime mobile service VHF frequency means a frequency:
(a) specified in the spectrum plan as a frequency that may be used for the purpose of maritime mobile services; and
(b) is in the frequency band 30 MHz to 300 MHz.
portable VHF equipment (Digital Selective Calling) means equipment that is:
(a) a portable radiocommunications device that incorporates class H DSC, as defined in ITU-R Recommendation M.493; and
(b) operated on one or more of the maritime mobile service VHF frequencies.
portable VHF equipment (non-GMDSS) means equipment that is:
(a) a portable radiocommunications device; and
(b) not used as part of the GMDSS; and
(c) operated on one or more of the maritime mobile service VHF frequencies.
Note: At the time the
Radiocommunications Equipment (General) Amendment Rules 2025 (No. 1) commenced, a number of expressions used in this Part were defined in theRadiocommunications (Interpretation) Determination 2025 , including:(a) GMDSS;
(b) limited coast assigned system station;
(c) limited coast marine rescue station;
(d) limited coast non assigned station;
(e) maritime mobile service.
45
Modification of AS/NZS ETSI EN 301 025 and ETSI EN 301 025
(1) This clause modifies AS/NZS ETSI EN 301 025 and ETSI EN 301 025 for the purposes of the VHF Equipment – Maritime Mobile Service Standard (Part 1).
(2) A clause of AS/NZS ETSI EN 301 025, or any equivalent provision, does not form part of the VHF Equipment – Maritime Mobile Service Standard (Part 1) if the clause is specified in an item of the table.
Item
Clause of AS/NZS ETSI EN 301 025
1 Paragraph 4 of Clause 1 (Scope)
2 Clause 4.1 (General)
3 Clause 4.2 (Composition)
4 Paragraphs 1 and 2 of Clause 4.3 (Construction)
5 Paragraph 2 of Clause 4.4 (Controls and indicators)
6 Clause 4.7 (Handset and loudspeaker)
7 Clause 4.8 (Safety precautions)
8 Paragraphs 2 and 3 of Clause 4.9 (Labelling)
9 Clause 4.10 (Warm up)
10 Clause 4.11 (GNSS receiver antenna)
11 Clause 5.1 (Switching time)
12 Section 7 (Environmental tests)
13 Clause 9.1 (Harmonic distortion and rated audio-frequency output power)
14 Clause 9.2 (Audio frequency response)
15 Clause 9.11 (Receiver residual noise level)
16 Clause 9.13 (Squelch hysteresis)
(3) Clause 1 of AS/NZS ETSI EN 301 025 and any equivalent provision are modified as follows:
(a) by omitting the paragraph and substituting:
The present document covers the minimum requirements for general communication for shipborne fixed installations and limited coast station equipment using a VHF radiotelephone operating in certain frequency bands allocated to the maritime mobile service using either 25 kHz or 25 kHz and 12.5 kHz channels and associated equipment for DSC – class D. The present document does not cover requirements for the integrated GNSS receiver locating function.
(b) by omitting from the equivalent provision any text that has the same or substantially similar effect as the paragraph omitted under paragraph (a) and substituting text that has the same or substantially similar effect as the text substituted under paragraph (a).
(4) A clause of ETSI EN 301 025, or any equivalent provision, does not form part of the VHF Equipment – Maritime Mobile Service Standard (Part 1) if the clause is specified in an item of the table.
Item
Clause of ETSI EN 301 025
1 Note 2 to Clause 1 (Scope)
2 Clause 4.1 (General)
3 Clause 4.2 (Composition)
4 Paragraph 2 of Clause 4.3 (Controls and indicators)
5 Clause 4.5 (Handset and loudspeaker)
6 Paragraphs 2 and 3 of Clause 4.6 (Labelling)
7 Clause 4.7 (GNSS receiver antenna)
8 Clause 5.1 (Warm up)
9 Clause 5.2 (Switching time)
10 Clause 6.11 (Arrangement for monitoring the receiver output)
11 Section 7 (Environmental tests)
12 Clause 8.16 (Protection of the transmitter)
13 Clause 9.1 (Harmonic distortion and rated audio-frequency output power)
14 Clause 9.2 (Audio frequency response)
15 Clause 9.11 (Receiver residual noise level)
16 Clause 9.13 (Squelch hysteresis)
17 Clause 9.15 (Receiver dynamic range)
46
Modification of AS/NZS ETSI EN 301 178 and ETSI EN 301 178
(1) This clause modifies AS/NZS ETSI EN 301 178 and ETSI EN 301 178 for the purposes of the VHF Equipment – Maritime Mobile Service Standard (Part 2).
(2) A clause of AS/NZS ETSI EN 301 178 or ETSI EN 301 178, or any equivalent provision, does not form part of the VHF Equipment – Maritime Mobile Service Standard (Part 2) if the clause is specified in an item of the table.
Item
Clause of AS/NZS ETSI EN 301 178 or ETSI EN 301 178
1 Paragraph 3 of Clause 1 (Scope)
2 Paragraphs 1 to 5, 8, 13 and 14 of Clause 4.1 (Construction)
3 Clause 4.3 (Microphone and loudspeaker)
4 Clause 4.4 (Safety precautions)
5 Paragraphs 2 to 4 of Clause 4.5 (Labelling)
6 Clause 5.1 (Environmental profile)
7 Clause 5.2.1 (Switching time)
8 Section 7 (Environmental tests)
9 Clause 8.5 (Audio frequency response)
10 Clause 9.1 (Harmonic distortion and rated audio frequency output power)
11 Clause 9.2 (Audio frequency response)
12 Clause 9.11 (Receiver noise and hum level)
13 Clause 9.13 (Squelch hysteresis)
47
Modification of AS/NZS ETSI EN 302 885 and ETSI EN 302 885
(1) This clause modifies AS/NZS ETSI EN 302 885 and ETSI EN 302 885 for the purposes of the VHF Equipment – Maritime Mobile Service Standard (Part 3).
(2) A clause of AS/NZS ETSI EN 302 885 or ETSI EN 302 885, or any equivalent provision, does not form part of the VHF Equipment – Maritime Mobile Service Standard (Part 3) if the clause is specified in an item of the table.
Item
Clause of AS/NZS ETSI EN 302 885 or ETSI EN 302 885
1 Paragraph 3 of Clause 1 (Scope)
2 Clause 4.0 (Conformance)
3 Paragraphs 1 to 4, 6, 7, 9 and 15 of Clause 4.1 (Construction)
4 Clause 4.3 (Microphone and loudspeaker)
5 Clause 4.4 (Safety precautions)
6 Paragraphs 2 and 3 of Clause 4.5 (Labelling)
7 Clause 5.0 (Conformance)
8 Clause 5.1 (Switching time)
9 Clause 5.3 (Battery capacity)
10 Section 7 (Environmental tests)
11 Clause 9.1 (Harmonic distortion and rated audio frequency output power)
12 Clause 9.2 (Audio frequency response)
13 Clause 9.11 (Receiver noise and hum level)
14 Clause 9.13 (Squelch hysteresis)
Part 13—Digital Enhanced Cordless Telecommunications Equipment Standard 48
ETSI EN 301 406 In this Schedule,
ETSI EN 301 406 means the most recently published version of ETSI EN 301 406 ‘Digital Enhanced Cordless Telecommunications (DECT); Harmonised Standard covering the essential requirements of article 3.2 of the Directive 2014/53/EU’, published by the European Telecommunications Standards Institute.Note 1: ETSI EN 301 406 is available, free of charge, from the website of the European Telecommunications Standards Institute at 2: At the time the
Radiocommunications Equipment (General) Amendment Rules 2024 (No. 1) were made, the most recently published version of ETSI EN301 406 consisted of two parts (Part 1 and Part 2).49
Additional definition for Digital Enhanced Cordless Telecommunications Equipment Standard In this Schedule,
digital enhanced cordless telecommunications equipment means equipment that uses Digital Enhanced Cordless Telecommunications technology, other than equipment that is designed or intended to operate in one or more of the following frequency bands:
(a) 915 MHz to 928 MHz;
(b) 2400 MHz to 2483.5 MHz;
(c) 5725 MHz to 5850 MHz.
50
Modification of ETSI 301 406
(1) This clause modifies ETSI 301 406 for the purposes of the Digital Enhanced Cordless Telecommunications Equipment Standard.
(2) The following provision (
frequency and power provision ) is taken to be included in ETSI 301 406 for the purposes of the Digital Enhanced Cordless Telecommunications Equipment Standard:Digital enhanced cordless telecommunications equipment must operate:
(a) only in the frequency band 1880 MHz to 1900 MHz; and
(b) with a maximum radiated power of:
(i) 36 dBm EIRP, if the equipment is covered by the scope of Part 1 of ETSI EN 301 406; or
(ii) 30 dBm EIRP, if the equipment is covered by the scope of Part 2 of ETSI EN 301 406.
(3) Any clause of ETSI 301 406, or any equivalent provision, that is inconsistent with the frequency and power provision does not form part of the Digital Enhanced Cordless Telecommunications Equipment Standard to the extent of the inconsistency.
Part 14—Intelligent Transport Systems Standard 51
ETSI EN 302 571 In this Schedule,
ETSI EN 302 571 means ETSI EN 302 571 V2.1.1 (2017-02) ‘Intelligent Transport Systems (ITS); Radiocommunications equipment operating in the 5 855 MHz to 5 925 MHz frequency band; Harmonised Standard covering the essential requirements of article 3.2 of the Directive 2014/53/EU’, published by the European Telecommunications Standards Institute.Note: ETSI EN 302 571 is available, free of charge, from the website of the European Telecommunications Standards Institute at
52
Additional definition for Intelligent Transport Systems Standard In this Schedule,
ITS equipment means equipment that is:
(a) a radiocommunications transmitter; and
(b) operated as part of an intelligent transport system established for the purpose of road transport; and
(c) one of the following
(i) on a vehicle;
(ii) part of a vehicle, regardless of whether the equipment was part of the vehicle when the vehicle was manufactured;
(iii) held, or carried, by an individual in a vehicle;
(iv) on, or part of, a fixed or mobile road structure.
Part 15—Short Range Equipment Standard 53
Short Range Equipment Standard
Short Range Equipment Standard
(1) Subclauses (2) and (3) set out the requirements of the
Short Range Equipment Standard .(2) If a radiocommunications device is an item of low interference potential equipment:
(a) the device must only operate on a frequency band (
permitted frequency band ) specified for the device in column 2 of Schedule 1 to the LIPD class licence, as in force on either:
(i) the relevant date for the device; or
(ii) if the device is included in a class of equipment – the relevant date for the original device or original modified device of the class; and
(b) the upper and lower frequency limits of 99% of the emission power bandwidth of the device must be within that permitted frequency band; and
(c) operation of the device must not exceed the maximum EIRP specified for the device in column 3 of Schedule 1 to the LIPD class licence as in force on either:
(i) the relevant date for the device; or
(ii) if the device is included in a class of equipment – the relevant date for the original device or original modified device of the class; and
(d) the device, or operation of the device, must comply with any limitation specified for the device in column 4 of Schedule 1 to the LIPD class licence as in force on either:
(i) the relevant date for the device; or
(ii) if the device is included in a class of equipment – the relevant date for the original device or original modified device of the class; and
(e) subject to subclause (6), the device must comply with any instrument specified for the device in column 4 of Schedule 1 to the LIPD class licence (
relevant instrument ) as in force on either:
(i) the relevant date for the device; or
(ii) if the device is included in a class of equipment – the relevant date for the original device or original modified device of the class; and
(f) the device must comply with subclause (5).
(3) If a radiocommunications device is an item of radio-controlled model equipment:
(a) the device must only operate on a frequency band specified for the device in the RCM class licence as in force on either:
(i) the relevant date for the device; or
(ii) if the device is included in a class of equipment – the relevant date for the original device or original modified device of the class; and
(b) the device must only operate on a carrier frequency worked out in accordance with the RCM class licence, as in force on either:
(i) the relevant date for the device; or
(ii) if the device is included in a class of equipment – the relevant date for the original device or original modified device of the class; and
(c) operation of the device must not exceed the maximum EIRP specified for the device in the RCM class licence, as in force on either:
(i) the relevant date for the device; or
(ii) if the device is included in a class of equipment – the relevant date for the original device or original modified device of the class; and
(d) the device must not exceed an emission bandwidth of 10 kHz; and
(e) operation of the device must not cause spurious emissions greater than 50 µW.
(4) To determine whether a radiocommunications device meets the requirements of the Short Range Equipment Standard, the testing methods identified for the device (if any) in any of the following must be used:
(a) AS/NZS 4268;
(b) ETSI EN 300 220-1;
(c) ETSI EN 300 330;
(d) ETSI EN 300 440;
(e) ETSI EN 305 550-1;
(f) Federal Communications Commission Rules Title 47 (Telecommunications) Part 15–Radio Frequency Devices.
Note: The Federal Communications Commission Rules are available, free of charge, from
(5) If, for a radiocommunications device that is an item of low interference potential equipment:
(a) a testing method is identified for the device in a document specified in subclause (4) (
relevant document ); and(b) that testing method is used, by or on behalf of the person who manufactured or imported the device, to determine whether the device meets the requirements of the Short Range Equipment Standard; and
(c) the relevant document specifies a spurious emission limit for the device;
the device, and operation of the device, must comply with that spurious emission limit.
(6) If, for a radiocommunications device that is an item of low interference potential equipment:
(a) there is a relevant instrument for the device; and
(b) the relevant instrument:
(i) specifies an operating frequency band for the device that is different from or inconsistent with the permitted frequency band for the device; or
(ii) specifies a maximum EIRP for the device that is different from that mentioned in paragraph (2)(c) for the device; or
(iii) specifies a limitation for the device that is inconsistent with a limitation mentioned in paragraph (2)(d) for the device; or
(iv) does not specify a limitation for the device that is mentioned in paragraph (2)(d) for the device;
the relevant instrument is taken to be modified as follows:
(c) if subparagraph (b)(i) applies – the operating frequency band specified for the device is taken to be the permitted frequency band;
(d) if subparagraph (b)(ii) applies – the maximum EIRP specified for the device is taken to be the maximum EIRP mentioned in paragraph (2)(c);
(e) if subparagraph (b)(iii) applies – the limitation is replaced with the limitation mentioned in paragraph (2)(d);
(f) if subparagraph (b)(iv) applies – the limitation mentioned in paragraph (2)(d) is included.
In this Schedule:
AS/NZS 4268 means:
(a) AS/NZS 4268:2017 ‘Radio equipment and systems – Short range devices – Limits and methods of measurement’, published by Standards Australia and Standards New Zealand; or
(b) if a later document published by Standards Australia and Standards New Zealand replaces that document – the later document.
Note: AS/NZS 4268 may be obtained, for a fee, from a Standards Australia distributor listed on the Standards Australia website at AS/NZS 4268 is also available to be viewed, on prior request, at an ACMA office, subject to licensing conditions.
ETSI EN 300 220-1 means:
(a) ETSI EN 300 220-1 V3.1.1 (2017-2) ‘Short Range Devices (SRD) operating in the frequency range 25 MHz to 1 000 MHz; Part 1: Technical characteristics and methods of measurements’, published by the European Telecommunications Standards Institute; or
(b) if a later document published by the European Telecommunications Standard Institute replaces that document – the later document.
Note: ETSI EN 300 220-1 is available, free of charge, from the website of the European Telecommunications Standards Institute at EN 300 330 means:
(a) ETSI EN 300 330 V2.1.1 (2017-02) ‘Short Range Devices (SRD); Radio equipment in the frequency range 9 kHz to 25 MHz and inductive loop systems in the frequency range 9 kHz to 30 MHz; Harmonised Standard covering the essential requirements of article 3.2 of Directive 2014/53/EU’, published by the European Telecommunications Standards Institute; or
(b) if a later document published by the European Telecommunications Standard Institute replaces that document – the later document.
Note: ETSI EN 300 330 is available, free of charge, from the website of the European Telecommunications Standards Institute at EN 300 440 means:
(a) ETSI EN 300 440 V2.1.1 (2017-01) ‘Short Range Devices (SRD); Radio equipment to be used in the 1 GHz to 40 GHz frequency range; Harmonised Standard for access to radio spectrum’, published by the European Telecommunications Standards Institute; or
(b) if a later document published by the European Telecommunications Standard Institute replaces that document – the later document.
Note: ETSI EN 300 440 is available, free of charge, from the website of the European Telecommunications Standards Institute at EN 305 550-1 means:
(a) ETSI EN 305 550-1 V1.2.1 (2014-10) ‘Electromagnetic compatibility and Radio spectrum Matters (ERM); Short Range Devices (SRD); Radio equipment to be used in the 40 GHz to 246 GHz frequency range; Part 1: Technical characteristics and test methods’, published by the European Telecommunications Standards Institute; or
(b) if a later document published by the European Telecommunications Standard Institute replaces that document – the later document.
Note: ETSI EN 305 550-1 is available, free of charge, from the website of the European Telecommunications Standards Institute at
class licence means:
(a) the
Radiocommunications (Low Interference Potential Devices) Class Licence 2015 ; or(b) if a later instrument replaces that class licence – the later instrument.
Note: The LIPD class licence is available, free of charge, from the Federal Register of Legislation at
low interference potential equipment means equipment that is:
(a) of a kind mentioned in column 1 of an item in Schedule 1 to the LIPD class licence; and
(b) capable of being operated in accordance with the LIPD class licence.
radio-controlled model equipment means model aircraft, model landcraft or model vessel that operates on a carrier frequency:
(a) in the frequency band 29.72 MHz to 30 MHz; or
(b) in the frequency band 36 MHz to 36.6 MHz.
RCM class licence means:
(a) the
Radiocommunications (Radio-controlled Models) Class Licence 2015 ; or(b) if a later instrument replaces that class licence – the later instrument.
Note: The RCM class licence is available, free of charge, from the Federal Register of Legislation at
relevant instrument : see paragraph 53(2)(e).
short range equipment means:
(a) low interference potential equipment that is capable of being operated on a frequency, or within a range of frequencies, within the frequency band specified for the equipment in column 2 of Schedule 1 to the LIPD class licence; and
(b) radio-controlled model equipment.
Note 1: At the time the
Radiocommunications Equipment (General) Amendment Rules 2025 (No. 1) commenced, a number of expressions used in this Part were defined in theRadiocommunications (Interpretation) Determination 2025 , including:(a) EIRP;
(b) spurious emission.
Note 2: In this Part, “carrier” is not intended to have the meaning given by the
Radiocommunications (Interpretation) Determination 2025 .
Part 16—Savings and transitional arrangements 55
Device for which relevant date occurred before commencement of this Schedule
(1) If:
(a) a relevant date for a device occurred before the commencement of this Schedule (
commencement ); and(b) an instrument that was a general standard under subsection 4(3) as in force immediately before commencement (
old general standard ) applied to the device; and(c) the requirements of the old general standard were the same, or substantially the same, as the requirements of a general standard prescribed for such equipment under this Schedule (
new general standard ); and(d) the device meets the requirements of the old general standard as in force immediately before commencement;
the device is taken to comply with the new general standard.
(2) A device is taken to comply with a general standard prescribed for such equipment under this Schedule (
new general standard ) if:
(a) the device is included in a class of equipment; and
(b) the original device or original modified device of the class is taken to comply with the new general standard under subclause (1).
Endnotes
Endnote 1—About the endnotes The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2 The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4 Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 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.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Misdescribed amendments A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the
Legislation Act 2003 .If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.
Endnote 2—Abbreviation key
ad = added or inserted
orig = original
am = amended
par = paragraph(s)/subparagraph(s)
amdt = amendment
/sub‑subparagraph(s)
c = clause(s)
pres = present
C[x] = Compilation No. x
prev = previous
Ch = Chapter(s)
(prev…) = previously
def = definition(s)
Pt = Part(s)
Dict = Dictionary
r = regulation(s)/rule(s)
disallowed = disallowed by Parliament
reloc = relocated
Div = Division(s)
renum = renumbered
exp = expires/expired or ceases/ceased to have
rep = repealed
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 SLI = Select Legislative Instrument
(md not incorp) = misdescribed amendment
SR = Statutory Rules
cannot be given effect
Sub‑Ch = Sub‑Chapter(s)
mod = modified/modification
SubPt = Subpart(s)
No. = Number(s)
underlining = whole or part noto = order(s)
commenced or to be commenced
Ord = Ordinance
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
Radiocommunications Equipment (General) Amendment Rules 2023 (No. 1) 24 February 2023
(see F2023L00146)
25 February 2023
Radiocommunications Equipment (General) Amendment Rules 2024 (No. 1) 24 June 2024
(see F2024L00763)
25 June 2024
Radiocommunications Equipment (General) Amendment Rules 2025 (No. 1) 19 September 2025
(see F2025L01135)
1 October 2025
Endnote 4—Amendment history
Provision affected
How affected s.2.............................................
rep. LA s.48D
s.4 (heading)...............................
rs. F2023L00146
s.4(1).........................................
am. F2021L01554, am. F2023L00146
s.4(2).........................................
am. F2023L00146
s.4(3).........................................
rs. F2023L00146
s.4(4).........................................
ad. F2023L00146
s.6.............................................
am. F2023L00146
par.6(d)......................................
rep. F2021L01554
par.6(1)(b)..................................
rep. F2023L00146
s.6(1) (example)..........................
am. F2023L00146
s.6(2).........................................
ad. F2023L00146
s.7 (heading)...............................
am. F2023L00146
s.7(1).........................................
am. F2023L00146
s.7(2).........................................
am. F2023L00146
s.7 (note)....................................
ad. F2023L00146
s.8.............................................
am. F2023L00146
s.9.............................................
rs. F2023L00146
s.10(1).......................................
am. F2023L00146
s.11(1).......................................
am. F2023L00146
s.12(1).......................................
am. F2023L00146
s.18............................................
am. F2021L01554
s.25............................................
am. F2023L00146
s.25(1).......................................
rep. F2023L00146
s.25(2).......................................
rep. F2023L00146
s.25(5) (heading).........................
am. F2021L01554
s.25(5).......................................
am. F2021L01554
s.25(6).......................................
am. F2021L01554
s.26(3).......................................
am. F2023L00146
s.27............................................
am. F2023L00146
s.27(1).......................................
rep. F2023L00146
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, rs. F2023L00146
s.29(4).......................................
rep. F2023L00146
s.29(6).......................................
rep. F2021L01554
s.38(4).......................................
am. F2023L00146
s.39(3).......................................
am. F2023L00146
s.48............................................
am. F2021L01554; am. F2023L00146
s.53............................................
ad. F2021L01554
s.54(1).......................................
am. F2023L00146
s.54(3) (note)..............................
rs. F2023L00146
s.54A.........................................
ad. F2023L00146, am. F2025L01135
s.54A(1A)..................................
ad. F2025L01135
s.54B.........................................
ad. F2023L00146
Part 9.........................................
ad. F2021L01554
s.57(4).......................................
ad. F2023L00146
Schedule 2..................................
ad. F2021L01554
Schedule 2 (note)........................
ad. F2023L00146
Schedule 3..................................
ad. F2021L01554
Schedule 3 (heading)...................
am. F2023L00146
Schedule 3, c.1............................
am. F2023L00146
Schedule 3, c.2............................
am. F2023L00146
Schedule 3, c.3............................
am. F2023L00146, am. F2025L01135
Schedule 3, c.4............................
am. F2023L00146
Schedule 3, c.5............................
am. F2023L00146
Schedule 3, c.7............................
am. F2023L00146
Schedule 3, c.9............................
am. F2023L00146
Schedule 3, c.10..........................
rs. F2023L00146
Schedule 3, c.11..........................
rep. F2023L00146
Schedule 3, c.12..........................
rep. F2023L00146
Schedule 3, c.13..........................
am. F2023L00146
Schedule 3, c.14..........................
am. F2023L00146
Schedule 3, c.16..........................
ad. F2023L00146
Schedule 4..................................
ad. F2021L01554
Schedule 4, c.2............................
am. F2023L00146
Schedule 4, c.3............................
am. F2023L00146
Schedule 4, Part 3 (heading).........
am. F2023L00146
Schedule 4, c.4............................
am. F2023L00146
Schedule 4. c.6............................
ad. F2023L00146
Schedule 5..................................
ad. F2023L00146
Schedule 5, c.3............................
am. F2025L01135
Schedule 5, c.9............................
am. F2025L01135
Schedule 5, Part 4 (heading).........
am. F2025L01135
Schedule 5, c.13..........................
am. F2025L01135
Schedule 5, c.14..........................
am. F2025L01135
Schedule 5, c.16..........................
am. F2025L01135
Schedule 5, c.18..........................
am. F2025L01135
Schedule 5, c.21..........................
am. F2025L01135
Schedule 5, c.25..........................
am. F2025L01135
Schedule 5, c.29..........................
am. F2025L01135
Schedule 5, c.33..........................
am. F2025L01135
Schedule 5, c.36..........................
am. F2025L01135
Schedule 5, c.44..........................
am. F2025L01135
Schedule 5, c.48..........................
am. F2024L00763
Schedule 5, c.50..........................
am. F2024L00763
Schedule 5, c.53..........................
am. F2025L01135
Schedule 5, c.54..........................
am. F2025L01135
0
0
0