Ministerial Standard 250

Legislation au C2004L06427 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

STATUTORY RULE 1988 NO. 69 ISSUED BY THE AUTHORITY OF

THE MINISTER FOR TRANSPORT

AND

COMMUNICATIONS SUPPORT

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 only 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 Land Transport and Infrastructure Support published a notice in the Gazette of 30 September 1987 setting out a proposed standard and inviting interested persons to comment on it by 6 November 1987. The proposed standard was also circulated for comment to importers and suppliers. The standard was signed by the Minister for Transport and Communications Support on 7 April 1988

NOTES ON CLAUSES

PART 1 - PRELIMINARY

Clause 1 - Citation

Clause 2 - Provides for commencement of the standard on 1 May 1988

Clause 3 - Interpretation

Clause 4 - Provides that the standard applies to CB radios capable of operating on frequencies exceeding 30 MHz. The standard does not apply to CB repeater stations for which a separate standard is proposed.

Clause 4 also provides for the operation of the standard in relation to multi-role devices. Multi-role devices are devices which are designed for operation not only on CB radio service frequencies but also on other frequencies. An example would be a device designed for use both in the CB radio service and in the inshore boating service.

Clause 4(3) provides that the standard applies to multi-role devices except that the requirements of Parts 3 and 4 (technical operating requirements) do not apply to the operation of these devices in a service other than the CB radio service. The technical requirements for the devices’ operation in each other service will be set by the standards applying to devices operating in that service.

PART 2 - GENERAL

Clause 5 - Provides that where a device has been tested for compliance with this standard, details of the compliance statement certificate and model designation are to be displayed on the device.

Clause 6 - Provides that access to adjustment mechanisms which could permit operation of a device contrary to the technical requirements applying under the standard shall be restricted.


Clause 7 - Provides that a device shall operate within a specified temperature and primary supply voltage range.

PART 3 - TRANSMITTER

Clause 8 - Provides that for the purposes of Part 3 ‘transmitter’ means a device which is a radiocommunications transmitter operating on frequencies exceeding 30 MHz.

Clause 9 - Provides that a transmitter is to be capable of operation only in two specified emission modes and a maximum limit is set on the duration of transmission of non speech telephony information per minute of transmission time.

Clause 10 - Provides that a transmitter is to be capable of operation only on channels, and at frequencies, specified in the Schedule.

Clause 11 - Sets a maximum limit for the carrier frequency error of a transmitter.

Clause 12 - Provides that emissions from a transmitter are to be inhibited until the frequency stabilises so as to comply with clause 11.

Clause 13 - Sets a maximum limit for the carrier power of a transmitter.

Clause 14 - Sets a maximum limit for frequency deviation of a transmitter operating under any modulation conditions.

Clause 15 - Sets maximum limits for out-of-band emissions from a transmitter.

Clause 16 - Sets a maximum limit for spurious emissions from a transmitter.

PART 4 - RECEIVER

Clause 17 - Sets a maximum limit for spurious signals at the antenna terminal of a receiver.

Overview

The Radiocommunications (Citizens Band Radio) Standard 1988, issued under the authority of the Minister for Transport and Communications Support, was enacted to address the need for specific technical standards for Citizens Band (CB) radios, particularly those operating on frequencies exceeding 30 MHz. This statutory rule was introduced to complement the Radiocommunications Act 1983 by providing detailed technical standards for CB radios, ensuring their operation within specified parameters to prevent interference and ensure safety. The enacting body was the Parliament of Australia, and the policy objective was to standardise the technical requirements for CB radios, thereby improving the quality of communication and reducing the risk of interference in radiocommunications. The standard was developed following public consultation, with a proposed draft published in the Gazette on 30 September 1987, inviting comments from interested parties by 6 November 1987. This collaborative approach ensured that the resulting standard effectively met the needs of both users and the broader communications ecosystem.

Scope and Application

The Statutory Rule 1988 No. 69, made under the authority of the Minister for Transport and Communications Support, sets forth standards for radiocommunications transmitters and receivers as specified under the Radiocommunications Act 1983. This legislative instrument applies to CB radios capable of operating on frequencies exceeding 30 MHz and multi-role devices designed for operation on both CB radio service frequencies and other frequencies, though certain technical requirements do not apply to their operation in services other than the CB radio service. The standard, which commenced on 1 May 1988, establishes detailed technical specifications for the performance, design, finish, construction, and markings of radiocommunications transmitters and receivers to ensure their safe and effective operation, including limitations on emission modes, carrier power, frequency deviation, and spurious emissions. This regulation operates nationally across Australia, with its application potentially extended or restricted through subordinate instruments, although no such amendments are specified in the provided text. The standard excludes CB repeater stations, for which separate standards are proposed.

Key Provisions

The key provisions of Statutory Rule 1988 No. 69, issued under the Radiocommunications Act 1983, establish specific standards for CB radios operating on frequencies exceeding 30 MHz. These standards cover both the transmitters and receivers of such devices, setting technical requirements to ensure safe and efficient operation. Clause 4(1) specifies that the standard applies to CB radios that can operate on frequencies over 30 MHz, while Clause 4(3) clarifies that for multi-role devices, the requirements of Parts 3 and 4 (technical operating requirements) do not apply to their operation in services other than the CB radio service. Clause 5 mandates that once a device has been tested for compliance with the standard, the details of the compliance statement certificate and model designation must be displayed on the device. Clause 6 ensures that access to any adjustment mechanisms that could permit operation contrary to the technical requirements is restricted. The obligations imposed by the standard include ensuring that CB radios meet the specified technical requirements outlined in Parts 3 and 4. For transmitters, this includes operating within a specified temperature and primary supply voltage range, adhering to specified emission modes, and maintaining a maximum limit on the duration of non-speech telephony information transmission per minute. Transmitters must also operate on specified channels and frequencies, with maximum limits on carrier power, frequency deviation, out-of-band emissions, and spurious emissions. For receivers, the standard sets a maximum limit for spurious signals at the antenna terminal. Additionally, Clause 6 requires manufacturers to restrict access to adjustment mechanisms that could permit operation contrary to the technical requirements. Failure to comply with the standards set out in Statutory Rule 1988 No. 69 may result in legal consequences. Although the Explanatory Statement does not explicitly outline specific offences, penalties, or civil/criminal consequences for non-compliance, it is reasonable to infer that breaches of the Radiocommunications Act 1983, under which this standard is made, could lead to enforcement actions. The Act provides for various penalties, including fines and imprisonment, depending on the severity and nature of the breach. For instance, under Section 195 of the Radiocommunications Act 1983, an individual or entity found guilty of contravening the Act may be liable to a fine not exceeding $22,200 for a corporation and $4,440 for an individual, or imprisonment for up to two years, or both. Therefore, ensuring compliance with the standards is crucial to avoid potential legal repercussions.

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