Ministerial Standard 244

Legislation au C2004L06432 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

STATUTORY RULE NO ISSUED BY THE AUTHORITY OF

THE MINISTER FOR TRANSPORT AND COMMUNICATIONS

Subsection 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.

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.

The Minister for Transport and Communications published a notice in the Gazette of 7 September 1988 setting out a proposed standard and inviting interested persons to comment on it by 31 October 1988. The proposed standard was also circulated for comment to importers and suppliers. The standard was signed by the Minister for Transport and Communications on 30 July 1990.

NOTES ON CLAUSES

PART 1 - PRELIMINARY

Clause 1

- Provides for the citation of the standard as ‘Ministerial Standard 244’.

Clause 2

- Interpretation

Clause 3

- Provides that this standard applies to limited coast stations, ship stations and handheld stations designed or intended for the purpose of, or purposes which include, operation in the 27 MHz Inshore Boating Service. Where the station is designed for other purposes as well, the standard only applies to the station in so far as it is designed or intended for the purpose of operation in the 27 MHz Inshore Boating Service.

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 to be displayed.

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

- Provides that a device operated by batteries shall be protected from damage from that source.

Clause 7

- Sets the requirements for operation of the transmitter channels.

Clause 8

- Requires a device to meet the operating standards imposed by Parts 3 and 4 when operating within a specified temperature range and within a specified voltage range.


PART 3 - TRANSMITTER

Clause 9

- Provides for the purposes of Part 3 ‘transmitter’ means a radiocommunications transmitter of a limited coast station, ship station and handheld station.

Clause 10

- Specifies emission modes for operation of a transmitter and limits the information that can be transmitted on certain channels.

Clause 11

- Provides that a transmitter will only be operational on the frequency channels designated in item 2 of the Schedule.

Clause 12

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

Clause 13

- Ensures that the transmitter is capable of operation on the mandatory distress channels.

Clause 14

- Sets the maximum output carrier power for a transmitter operating in a specified emission mode.

Clause 15

- Sets the maximum rated peak envelope power for a transmitter operating in a specified emission mode.

Clause 16

- Sets out the maximum depth of amplitude modulation in a specified emission mode.

Clause 17

- Sets a minimum modulation depth for a transmitter operating in a specified mode in conjunction with external microphone gain control.

Clause 18

- Sets the maximum limits for the peak envelope power where there is an increase in the level of the standard modulating signal.

Clause 19

- Sets the maximum limits for the power of each out-of-band emission when operating in a specified emission mode.

Clause 20

- Sets minimum levels for the suppression of unwanted emissions from a transmitter operating in a specified emission mode.

Clause 21

- Sets a maximum limit for spurious emissions from a transmitter operating in a specified emission mode.

PART 4 - RECEIVER

Clause 22

- Provides that for the purposes of Part 4 ‘receiver’ means a radiotelephony receiver of a limited coast station, ship station and handheld station.


Clause 23

- Provides that a receiver shall be capable of demodulation of specified emissions.

Clause 24

- Requires a receiver to be fitted for reception of distress channels.

Clause 25

- Sets the permissable level for reference sensitivity of a receiver.

Clause 26

- Sets the maximum squelch opening and closing level for a receiver.

Clause 27

- Sets the minimum levels for adjacent channel selectivity when operating in specified modes.

Clause 28

- Sets the minimum levels for spurious response immunity at certain frequencies of a receiver operating in specified modes.

Clause 29

- Sets the minimum level for rated audio output power of a receiver other than a handheld receiver.

Clause 30

- Sets a maximum power limit for spurious signals from a receiver.

 

Overview

The Radiocommunications (27 MHz Inshore Boating Service) Standards 1990, issued under the authority of the Radiocommunications Act 1992, address the need for specific technical standards for devices used in the 27 MHz Inshore Boating Service. The Radiocommunications Act 1992 empowers the Minister for Transport and Communications to establish these standards, ensuring that devices meet certain technical requirements necessary for their operation within this service. The Act aims to prevent interference and ensure the safe and efficient use of radiocommunications within the specified service. Following the legislative requirement for public consultation, the Minister published a proposed standard and invited comments from interested parties, leading to the finalisation and enactment of these standards on 30 July 1990. These standards apply specifically to limited coast stations, ship stations, and handheld stations designed for the 27 MHz Inshore Boating Service, outlining necessary technical specifications and operational requirements.

Scope and Application

The Ministerial Standard 244, issued under the Radiocommunications Act 1992, governs the technical standards for radiocommunication devices, specifically limited coast stations, ship stations, and handheld stations designed or intended for operation in the 27 MHz Inshore Boating Service. This standard applies to these devices to the extent they are intended for the specified service. The standard encompasses both transmitters and receivers, setting detailed technical requirements and operational standards for these devices to ensure safe and efficient radiocommunications within the designated service. It includes specifications for the performance, design, finish, construction, and necessary markings of these devices to prevent interference and ensure proper operation. The standard is applicable nationwide, ensuring consistency across different jurisdictions. The scope of the standard can be extended or modified through subordinate instruments as necessary to adapt to technological advancements or changes in radiocommunications needs. The standard was developed through a public consultation process, with a proposed standard published in the Gazette and circulated for comment among relevant stakeholders. The final standard was signed by the Minister for Transport and Communications on 30 July 1990, reflecting a comprehensive approach to establishing and maintaining technical standards for radiocommunication devices in Australia. The standard does not explicitly state any exclusions or exemptions but applies to the specified devices within the defined scope.

Key Provisions

The Ministerial Standard 244, issued under the Radiocommunications Act 1992, sets out specific technical requirements for devices used in the 27 MHz Inshore Boating Service, including limited coast stations, ship stations, and handheld stations. Clause 4 of the standard mandates that certain information must be visibly displayed on these devices, while Clause 5 requires that any adjustment mechanisms that could enable operation contrary to the technical requirements of the standard be restricted to prevent misuse. Clause 6 ensures that devices powered by batteries are protected against damage caused by the batteries themselves. Clause 7 details the operational requirements for transmitter channels, while Clause 8 stipulates that devices must meet the operating standards outlined in Parts 3 and 4 when used within specified temperature and voltage ranges. The standard imposes a range of obligations on the parties it governs. Clause 10 specifies emission modes and limits the type of information that can be transmitted on certain channels, while Clause 11 restricts operational frequency channels to those listed in item 2 of the Schedule. Clause 12 sets maximum limits for carrier frequency error, and Clause 13 ensures that transmitters are capable of operation on mandatory distress channels. Clause 23 requires receivers to be capable of demodulating specified emissions, and Clause 24 mandates that receivers be fitted for reception of distress channels. These requirements are designed to ensure the safe and efficient operation of devices within the 27 MHz Inshore Boating Service. Breaches of the Ministerial Standard 244 may lead to various consequences under the Radiocommunications Act 1992. While the standard itself does not specify penalties, non-compliance with the Act's provisions can result in both civil and criminal penalties. For instance, under section 147 of the Act, an individual or entity found to be in breach of a standard may be subject to a fine of up to $5,000 for each offence, while corporations may face fines of up to $25,000 for each offence. Additionally, under section 149, a person who contravenes a direction given under the Act may be liable to a fine of up to $1,000 for each offence. These penalties underscore the importance of adhering to the technical requirements set out in the Ministerial Standard 244.

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