EXPLANATORY STATEMENT
STATUTORY RULE 1987 NO 266 ISSUED BY THE AUTHORITY OF THE MINISTER FOR LAND TRANSPORT AND INFRASTRUCTURE SUPPORT
Sub-section 9(1) of the Radiocommunications Act 1983 (‘the Act’) provides that the Minister may, by instrument in writing, make standards for specified devices or devices included in a specified class of device.
Sub-section 9(2) of the Act provides that before making a standard the Minister shall publish the standard that he proposes to make and invite interested persons to make representations in connection with the proposed standard.
Sub-section 9(5) of the Act provides that standards relating to radiocommunications transmitters may consist only of such requirements as to -
(a) the performance, design, finish and construction of radiocommunications transmitters; and
(b) markings, warnings, instructions or other statements to be impressed on, worked into, or annexed or affixed to, or to accompany, radiocommunications transmitters,
as are necessary for or in relation to -
(c) the operation of those radiocommunications transmitters;
(d) the prevention of prescribed interference, or risk of prescribed interference, to any other uses or functions of those radiocommunications transmitters; and
(e) the prevention or reduction of interference, or risk of interference, to radiocommunications.
The Minister for Communications published a notice in the Gazette of 24 June 1987 setting out the proposed standard and inviting interested persons to comment on it by 28 August 1987. The proposed standard was also circulated for comment to importers and suppliers. The standard was signed by the Minister for Land Transport and Infrastructure Support on 20 October 1987.
The standard applies to radiocommunications transmitters in emergency position indicating radio beacons (EPIRB’s) for use in the maritime mobile service. EPIRB’s are designed and intended for use on the internationally recognised emergency carrier frequencies to provide homing information to facilitate search and rescue operations.
Part 2 of the standard sets out general requirements for the design of an EPIRB. The requirements restrict access to adjustment mechanisms which could permit operation of the device outside the technical parameters set in the standard (Clause 6). The requirements also restrict the size, type and arrangement of antenna which can be used on an EPIRB, as well as restricting access to connection mechanisms for external antenna. Provision is made for connection to a facility for measurement purposes (Clause 8).
Where an EPIRB has been tested for compliance with this standard, details of the compliance statement certificate, the manufacturer’s name, the manufacturing country’s name, the model designation, and a warning against improper use of the device are to be displayed on the EPIRB (Clause 5).
Part 3 of the standard sets the technical requirements for the transmitter in an EPIRB. The transmitter is to be capable of operation only on the internationally recognised emergency carrier frequencies and may operate on those frequencies either simultaneously or sequentially (Clause 10). Maximum limits are set for frequency error (Clause 11) and carrier field strength (Clause 12). The type of carrier emission is restricted (Clause 13), the modulation characteristic and repetition rate are set (Clause 14) and a maximum limit is set for spurious radiation (Clause 15). Restrictions are imposed on the mode and mechanism for operation (Clause 16) and testing (Clause 18) of an EPIRB. The standard also requires the design and construction of the transmitter to provide for protection from certain specified types of damage (Clause 17).
Overview
The Statutory Rule 1987 No. 266, issued under the authority of the Minister for Land Transport and Infrastructure Support, was enacted to establish a standard for radiocommunications transmitters in emergency position indicating radio beacons (EPIRBs) used in the maritime mobile service. This standard was developed in response to the need for stringent technical specifications to ensure the effective operation of EPIRBs, which are crucial for search and rescue operations. The Radiocommunications Act 1983 authorised the Minister to create such standards, necessitating a process that included public consultation. The policy objective was to ensure EPIRBs operate reliably on internationally recognised emergency frequencies, preventing interference and ensuring they function correctly in critical situations.
The standard, published by the Minister for Communications and finalised by the Minister for Land Transport and Infrastructure Support, specifies design and technical requirements for EPIRBs. It restricts access to adjustment mechanisms, sets limits on antenna size and type, and mandates clear display of compliance details. The technical requirements ensure EPIRBs operate exclusively on emergency frequencies, with strict limits on frequency error, carrier field strength, and spurious radiation. This comprehensive approach aims to enhance the safety and reliability of EPIRBs, thereby supporting maritime safety and search and rescue operations.
Scope and Application
The Statutory Rule 1987 No 266 issued under the Radiocommunications Act 1992 pertains to the establishment of standards for radiocommunications transmitters in emergency position indicating radio beacons (EPIRBs) used in the maritime mobile service. These standards are applicable to all entities and persons involved in the design, manufacture, or supply of EPIRBs in Australia. The geographic reach of this legislation is nationwide, covering all radiocommunications transmitters within the Commonwealth of Australia. The standards encompass requirements for the performance, design, finish, and construction of EPIRB transmitters, alongside stipulations for markings, warnings, and instructions to ensure safe and effective operation. Additionally, the standard mandates that compliance details, such as the manufacturer’s information and a warning against improper use, must be visibly displayed on the EPIRB. The rule ensures that EPIRBs operate within specified technical parameters to prevent interference and facilitate search and rescue operations.
Key Provisions
The primary operative sections of this statutory rule pertain to the establishment of standards for radiocommunications transmitters used in emergency position indicating radio beacons (EPIRBs) for maritime use, as outlined in sub-sections 9(1), 9(2) and 9(5) of the Radiocommunications Act 1983. Under sub-section 9(1), the Minister is empowered to establish standards for specified devices or classes of devices. The requirement in sub-section 9(2) mandates that the Minister must publish the proposed standards and invite comments from interested parties before finalising them. Sub-section 9(5) specifies that these standards should encompass necessary requirements for the performance, design, construction, and markings of the transmitters, which are critical for ensuring the safe and effective operation of EPIRBs, preventing interference, and facilitating search and rescue operations.
The Act imposes several obligations on the entities it governs. Manufacturers and suppliers of EPIRBs must ensure that their products comply with the standards outlined in the statutory rule. This includes adhering to the design specifications, restricting access to adjustment mechanisms that could compromise the technical parameters, and ensuring that the transmitters operate within the internationally recognised emergency carrier frequencies. Additionally, manufacturers must display compliance statement certificates, manufacturer and country of origin details, model designation, and warnings against improper use on the EPIRBs. These requirements are designed to ensure that EPIRBs are reliable and effective in emergency situations, thereby enhancing maritime safety.
Failure to comply with the standards set forth in this statutory rule can lead to serious consequences. While the explanatory statement does not explicitly outline the penalties for non-compliance, breaches of the Radiocommunications Act 1983 can result in both civil and criminal penalties. Under the Act, unauthorised use of radiocommunications equipment can lead to fines, with the severity of the penalty depending on the nature and extent of the breach. Additionally, manufacturers and suppliers found to be in violation of the standards could face legal action, including injunctions, fines, and potential criminal charges, depending on the circumstances and the impact of the non-compliance on public safety and communication systems.
The statutory rule ensures that EPIRBs are reliable and effective by imposing stringent design and operational standards. By mandating specific technical requirements and restricting certain design features, the rule aims to prevent interference and ensure that EPIRBs operate as intended during maritime emergencies. Compliance with these standards is crucial for manufacturers and suppliers to avoid legal repercussions and to contribute to the overall safety and effectiveness of maritime communication systems.