Ministerial Standard 241

Legislation au C2004L06430 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

STATUTORY RULE NO. 70 ISSUED BY THE AUTHORITY OF

THE MINISTER FOR TRANSPORT AND

COMMUNICATIONS

Subsection 9(1) of the Radiocommunication 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.

Subsection 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.

Subsection 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.

Subsection 9(7) provides that standards relating to receivers may consist of such requirements as to -

(a) the performance, design, finish and construction of those receivers; and

(b) markings, warnings, instructions or other statements to be impressed on, worked into, or annexed or affixed to, or to accompany, those receivers

as are necessary or convenient to be made for or in relation to:

(c) the operation of those receivers; and


(d) the prevention or reduction of prescribed interference, or risk of prescribed interference, to any uses or functions of those receivers.

A standard for Emergency Position Indicating Radio Beacons (EPIRB’s) came into operation on 1 December 1987 (Statutory Rule No. 266 of 1987). This statutory rule revokes the earlier standard and makes a new standard under section 9 of the Act.

The main changes from the earlier standard are -

 a change to the definition of ‘emergency position indicating radio beacon’ in clause 2 to require EPIRB’s to have emissions enabling satellites to detect and determine their position to come within the standard;

 an increase in the temperature range at which the device must meet the operating standards (clause 6(1)) to take account of the colder conditions in which they may be required to operate;

 changes in the requirements for the antenna to be incorporated in the devices to allow use of a telescopic antenna and ensure consistency with the Radio Regulations of the International Telecommunication Union (clause 7(1));

 setting out more precise conditions of measurement for determining operating characteristics of devices (clauses 11 and 16);

 changes to the required operating characteristics of devices to enable them to be detected and have their position determined by satellite (clauses 12 and 15); and

 changes to the required operating characteristics of devices to enable their position to be better determined by overflying aircraft (clauses 13 and 14).

The Minister for Transport and Communications published a notice in the Gazette of 12 July 1989 setting out a proposed standard and inviting interested persons to comment on it by 18 August 1989. The proposed standard was also circulated for comment to importers and suppliers. The standard was signed by the Minister for Transport and Communications on 21 December 1989.


NOTES ON CLAUSES

PART 1 - PRELIMINARY

Clause 1 - Citation

Clause 2 - Interpretation

Clause 3 - Provides that the standard applies to EPIRBS (Emergency Position Indicating Radio Beacons) designed or intended for use on the carrier frequencies 121.5 MHz and 243.0 MHz only.

PART 2 - GENERAL

Clause 4 - Provides that certain information must be displayed on a device, the requirements for the display and circumstances where some information is not required.

Clause 5 - Requires that access to adjustment mechanisms which could permit operation of a device contrary to the technical requirements applying under the standard be restricted.

Clause 6 - Requires a device to meet the operating standards imposed by certain clauses when operating within a specified temperature range and during a set time period.

Clause 7 - Sets out the antenna requirements for the device.

PART 3 - TRANSMITTER

Clause 8 - Provides that for the purposes of Part 3 ‘transmitter’ means the radiocommunications transmitter of a device.

Clause 9 - Requires a transmitter to only be capable of operating simultaneously on two specified frequencies.

Clause 10 - Sets maximum limits for the carrier frequency error of a transmitter.

Clause 11 - Sets a minimum limit for the peak field strength of the radiated signal operating on both frequencies when measured in a certain way.

Clause 12 - Sets the characteristics for the frequency emission from a transmitter.

Clause 13 - Sets the modulation characteristics for a transmitter frequency signal.


Clause 14 - Provides that a transmitter shall operate continuously once activated.

Clause 15 - Sets minimum levels of power to be emitted in a certain frequency range during any modulation cycle when operating on specified frequencies.

Clause 16 - Sets a minimum limit for the peak field strength of spurious radiation.

Clause 17 - Sets the requirements for activating the transmitter.

Clause 18 - Requires a device to be protected from damage which might occur as a result of certain electrical problems.

Clause 19 - Sets the requirements for a test facility incorporated in a device, including safeguards to prevent accidental operation.

Overview

The Radiocommunication (Emergency Position Indicating Radio Beacons) Standard 1989 was enacted under the authority of the Minister for Transport and Communications, pursuant to the Radiocommunication Act 1983. This legislation aimed to address the need for updated and more stringent standards for Emergency Position Indicating Radio Beacons (EPIRBs) in light of technological advancements and to ensure compliance with international regulations. The enacting body was the Parliament of Australia, and the policy objective was to enhance the safety and reliability of EPIRBs, ensuring they function effectively in distress situations. The standard was introduced to replace an outdated version, reflecting changes such as the inclusion of satellite-detectable emissions, expanded temperature range requirements, and modifications to antenna specifications to align with international standards. The statutory rule revoked the previous standard (Statutory Rule No. 266 of 1987) and established a new standard for EPIRBs, effective from 1 December 1989. The new standard included more precise measurement conditions, updated operating characteristics to improve satellite and aircraft detection capabilities, and stricter requirements for the device's performance, design, and construction. The Minister for Transport and Communications published a notice in the Gazette on 12 July 1989, inviting public comment on the proposed standard, which was subsequently signed on 21 December 1989.

Scope and Application

Statutory Rule No. 70, issued under the authority of the Minister for Transport and Communications, amends the standards for Emergency Position Indicating Radio Beacons (EPIRBs) as outlined in the Radiocommunication Act 1983. This rule applies specifically to EPIRBs designed or intended for use on the carrier frequencies of 121.5 MHz and 243.0 MHz, focusing on the performance, design, finish, and construction of these devices. It mandates particular requirements such as the display of certain information, restrictions on access to adjustment mechanisms, and adherence to operating standards within specified temperature ranges and time periods. Additionally, the rule details antenna requirements and sets limits and characteristics for transmitter operations, including frequency emissions, modulation characteristics, power levels, and spurious radiation. The Minister for Transport and Communications published the proposed standard in the Gazette and invited public comment, ensuring that interested parties were given an opportunity to provide feedback before the rule was finalised and signed on 21 December 1989.

Key Provisions

The Statutory Rule No. 70 under the Radiocommunication Act 1983 introduces new standards for Emergency Position Indicating Radio Beacons (EPIRBs) designed for use on specific carrier frequencies, namely 121.5 MHz and 243.0 MHz. These standards are aimed at ensuring that EPIRBs meet certain technical requirements to function effectively in various conditions. Clause 2 redefines 'emergency position indicating radio beacon' to include devices with emissions that allow satellites to detect and determine their position. The temperature range within which the device must meet these operating standards has been expanded (Clause 6(1)), to account for the colder conditions in which they may be required to operate. The antenna requirements (Clause 7(1)) have also been updated to allow for the use of a telescopic antenna, ensuring consistency with the Radio Regulations of the International Telecommunication Union. More precise conditions for measuring the operating characteristics of devices are set out in Clauses 11 and 16, while Clauses 12, 15, 13, and 14 specify the required operating characteristics for satellite and aircraft detection. Entities manufacturing, importing, or supplying EPIRBs within Australia must ensure their products comply with the new standards. This includes adhering to the updated definitions, temperature ranges, and antenna specifications, as well as ensuring that devices meet the set operating characteristics for detection by satellites and aircraft. Manufacturers must also ensure that their EPIRBs include required markings and warnings, as stipulated in Clause 4. Furthermore, Clause 5 mandates that access to any adjustment mechanisms that could permit operation contrary to the technical requirements be restricted. Clauses 6 to 19 detail specific technical requirements for the operation, construction, and performance of the EPIRBs, which must be strictly adhered to. Failure to comply with the new standards can result in significant consequences. While the Explanatory Statement does not explicitly outline the penalties for non-compliance, it is implied that breaches of the standards set by the Statutory Rule No. 70 could result in civil or criminal liabilities under the Radiocommunication Act 1983. Potential penalties could include fines or other sanctions, depending on the severity and frequency of the breach. It is important for manufacturers, importers, and suppliers to ensure full compliance to avoid any legal repercussions.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.