Radiocommunications (Short Range Devices) Standard 2014 (Cth)
Radiocommunications (Short Range Devices) Standard 2014
made under subsection 162(1) of the
Radiocommunications Act 1992
Compilation No. 2
Compilation date: 5 December 2018
Includes amendments up to: F2018L01659
Prepared by the Australian Communications and Media Authority, Melbourne
Name of Standard
This Standard is the Radiocommunications (Short Range Devices) Standard 2014.
Definitions
In this Standard:
Act means the Radiocommunications Act 1992.
applicable device means a radiocommunications device to which this Standard applies, as provided by subsection 5(1).
AS/NZS 4268 means:
(a) AS/NZS 4268:2012 Radio equipment and systems – Short range devices – Limits and methods of measurement published by Standards Australia, as in force or existing from time to time; or
(b) if a later standard published by Standards Australia is expressed to replace the standard mentioned in paragraph (a) – the later standard, as in force or existing from time to time.
Chair means the Chair of the ACMA.
commencement day means the day on which this Standard commences.
included in a class of radiocommunications devices has the meaning given by:
(a) in relation to an applicable device other than a modified device – paragraph 6(1)(a); and
(b) in relation to a modified device – paragraph 6(2)(a).
LIPD Class Licence means the Radiocommunications (Low Interference Potential Devices) Class Licence 2015.
low interference potential device means a radiocommunications device that complies with the conditions set out in the LIPD Class Licence.
manufactured, in relation to an applicable device, means manufactured in Australia.
modified, in relation to a radiocommunications device, means modified or altered in a material respect in Australia (after the device was manufactured or imported) by or on behalf of, the manufacturer or importer of the device.
modified device means:
(a) an applicable device that has been modified; and
(b) a radiocommunications device that has been modified in such a way that it becomes an applicable device.
original modified device has the meaning given by paragraph 6(2)(b).
original radiocommunications device has the meaning given by paragraph 6(1)(b).
radio controlled model means a model aircraft, model landcraft or model watercraft that:
(a) operates on a carrier frequency greater than 29.72 MHz and not exceeding 30 MHz; or
(b) operates on a carrier frequency greater than 36 MHz and not exceeding 36.6 MHz.
relevant date, for an applicable device, means the date specified in section 7 in relation to the device.
short range device means a radiocommunications device that:
(a) is manufactured in, or imported into, Australia after the commencement of this Standard; and
(b) is of a type mentioned in column 2 of table 1 or column 2 of table 2 of AS/NZS 4268; and
(c) is capable of being operated on:
(i)a frequency, or within a range of frequencies, within the frequency bands mentioned in column 3 of table 1 or column 3 of table 2 of AS/NZS 4268; or
(ii)if the device is a wireless audio transmitter and subparagraph (i) does not apply – a frequency, or within a range of frequencies, within the 694-820 MHz frequency range.
Note This definition incorporates both low interference potential devices and radio controlled models.
significant event means an event at a location or locations specified in a notice approved by the Chair and published on the ACMA’s website at audio transmitter means a radiocommunications device that is of a type mentioned in row 22A of column 2 of table 1 of AS/NZS 4268.
Note 1: Examples of wireless audio transmitters include, but are not limited to, wireless microphones, in-ear monitoring devices, wireless musical instrument pickups and similar short range devices.
Note 2: Several other words and expressions used in this Standard have the meaning given by the Act, including:
· ACMA (section 5)
· radiocommunications device (subsection 7(1)).
Application
(1) This Standard applies to a radiocommunications device (an applicable device) that:
(a) is a short range device or a low interference potential device; and
(b) is not a device mentioned in subsection (2).
Exception — device imported for significant event
(2) This subsection applies to a radiocommunications device that:
(a) is imported into Australia solely for use in connection with a significant event;
(b) if there is a requirement that the device is tested or inspected before it may be used in Australia — meets the requirement;
(c) if there is a condition or requirement imposed on the use of the device in Australia — is used in compliance with that condition or requirement;
(d) is used in Australia only at the location of the significant event; and
(e) is used in Australia only for the duration of the significant event.
What is a device included in a class of radiocommunications devices?
(1) In this Standard:
(a) an applicable device, other than a modified device, is included in a class of radiocommunications devices if the device:
(i) is identical to each other device of the class (irrespective of when the devices were manufactured or imported); and
(ii) has the same manufacturer or importer as each other device of the class; and
(b) the original radiocommunications device, in relation to the class of radiocommunications devices, is the device of the class that was the first to be manufactured or imported.
(2) In this Standard:
(a) a modified device is included in a class of radiocommunications devices if:
(i) the modification made to create the device is identical to the modification made to create each other device of the class (irrespective of when the devices were so modified);
(ii) the device is, in all other respects, identical to each other device of the class (irrespective of when the devices were manufactured or imported); and
(iii) the device has the same manufacturer or importer as each other device of the class; and
(b) the original modified device, in relation to the class, is the device of the class that was the first to be created by being so modified.
Relevant date for an applicable device
For the purposes of this Standard, the relevant date for an applicable device is:
(a) in the case of an applicable device (other than a modified device) that is included in a class of radiocommunications devices – the date the original radiocommunications device was manufactured or imported;
(b) in the case of a modified device that is included in a class of radiocommunications devices – the date the modification was made to create the original modified device of the class; or
(c) otherwise – the date the device was manufactured or imported.
Standard for performance – short range devices
(1) For paragraph 162(1)(a) of the Act, the standard for performance of an applicable device is as set out in AS/NZS 4268, as in force or existing at the relevant date for the device but excluding any requirements that only apply to short range devices supplied for use under the New Zealand instrument, Radiocommunications Regulations (General User Radio Licence for Short Range Devices) Notice 2013, as in force or existing from time to time.
(2) If the relevant date for the device occurs during a transition period, the standard for performance with which the device must comply is either:
(a) subsection (1) applying AS/NZS 4268 as in existence immediately before the transition period commenced; or
(b) subsection (1) applying AS/NZS 4268 as in existence during the transition period.
(3) If:
(a) AS/NZS 4268 is amended or replaced during a transition period (the first transition period) so that there is a further transition period (the second transition period); and
(b) the relevant date for the device occurs at a time when the first transition period and the second transition period overlap;
the standard for performance with which the device must comply is one of the following:
(c) subsection (1) applying AS/NZS 4268 as in existence immediately before the first transition period commenced;
(d) subsection (1) applying AS/NZS 4268 as in existence during the first transition period; or
(e) subsection (1) applying AS/NZS 4268 as in existence during the second transition period.
(4) If AS/NZS 4268 is:
(a) amended; or
(b) replaced;
then, for the purposes of this section, the transition period is the 1 year period commencing on the day AS/NZS 4268 was:
(c) amended; or
(d) replaced;
as the case may be.
8A Standard for performance – low interference potential devices
(1)Subject to subsection (2), for paragraph 162(1)(a) of the Act, the standard for performance of a low interference potential device is the instrument (relevant instrument), as in existence at the relevant date for the device, specified for that device in Column 4 of Schedule 1 to the LIPD Class Licence, as in force at the relevant date for the device.
(2)If, for a low interference potential device, no instrument is specified in Column 4 of Schedule 1 to the LIPD Class Licence, then section 8 of this Standard applies to the low interference potential device and this section does not apply to the device.
(3)If the relevant date for the device occurs during a transition period, the standard for performance with which the device must comply is either:
(a)subsection (1) applying the relevant instrument as in existence immediately before the transition period commenced; or
(b)subsection (1) applying the relevant instrument as in existence during the transition period.
(4)If:
(a)the LIPD Class Licence or a relevant instrument is amended or replaced during a transition period (the first transition period) so that there is a further transition period (the second transition period); and
(b)the relevant date for the device occurs at a time when the first transition period and the second transition period overlap;
the standard for performance with which the device must comply is one of the following:
(c)subsection (1) applying the LIPD Class Licence or the relevant instrument, as the case may be, as in existence immediately before the first transition period commenced; or
(d)subsection (1) applying the LIPD Class Licence or the relevant instrument, as the case may be, as in existence during the first transition period; or
(e)subsection (1) applying the LIPD Class Licence or the relevant standard, as the case may be, as in existence during the second transition period.
(5)If the LIPD Class Licence or a relevant instrument is:
(a)amended; or
(b)replaced;
then, for the purposes of this section, the transition period is the 1 year period commencing on the day the LIPD Class Licence or the relevant instrument, as the case may be, was:
(c)amended; or
(d)replaced;
as the case may be.
Transitional arrangements – devices manufactured, imported or modified before commencement day
If:
(a) the relevant date for an applicable device occurred before the commencement day; and
(b) at the relevant date the device complied with the Radiocommunications (Short Range Devices) Standard 2004;
then the device is taken to comply with this Standard.
9A Transitional arrangements – low interference potential devices manufactured, imported or modified before commencement of amendments
If:
(a) the relevant date for a low interference potential device to which section 8A applies occurred before the commencement of the Radiocommunications (Short Range Devices) Amendment Standard 2018 (No. 1); and
(b) at the relevant date the device complied with this Standard, as in force on that date;
then the device is taken to comply with this Standard.
Notes to the Radiocommunications (Short Range Devices) Standard 2014
Endnotes
Endnote 1 – About the endnotes
The endnotes provide information about this compilation and the compiled law.
Endnote 2 (Abbreviation key) sets out abbreviations that may be used in the endnotes.
Endnote 3 (Legislation history) provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
Endnote 4 (Amendment history) provides information about the amendments at the provision (generally section or equivalent) level and includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
It also includes information about any misdescribed amendment (that is, an amendment that does not accurately describe the amendment to be made). If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history. If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.
Endnote 2—Abbreviation key
| ad. = added or inserted |
| am. = amended |
| LA = Legislation Act 2003 |
| rep. = repealed rs. = repealed and substituted |
Endnote 3 – Legislation history
| Title | Date of notification | Date of | Application, saving or |
| Radiocommunications (Short Range Devices Standard 2014 | 19 September 2014 (see F2014L01253) | 20 September 2014 | |
| Radiocommunications (Short Range Devices) Amendment Standard 2015 (No.1) Radiocommunications Legislation (2018 Measures No. 1) Instrument 2018 | 15 September 2015 (see F2015L01439) 4 December 2018 (see F2018L01659) | 16 September 2015 5 December 2018 | – - |
Endnote 4 – Amendment history
| ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted | |||
| Provision affected | How affected | ||
| s.2…………………………. | rep. LA, s48C | ||
| s.3…………………………. | rep. LA, s48C | ||
| s.4…………………………. | am. No. 1, 2015; am. No. 1, 2018 | ||
| s.5…………………………. | am. No. 1, 2018 | ||
| s.8…………………………. | am. No. 1, 2018 | ||
| s.8A……………………….. | ad. No. 1, 2018 | ||
| s.9A……………………….. | ad. No. 1, 2018 | ||
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