Ministerial Standard 309

Legislation au C2004L06431 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Statutory Rule 1989 No.71

Issued by the Authority of the Minister for Transport and Communications

Subject: Radiocommunications Act 1983

Ministerial Standard 309:-

406 MHz Satellite Distress Beacons

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 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 Transport and Communications published a notice in the Gazette on 19 April 1989 setting out the proposed standard and inviting interested persons to comment on it by 21 May 1989. The proposed standard was also circulated for comment to importers and suppliers of equipment which would be covered by the standard. The standard was signed by the Minister for Transport and Communications on 21 Dec 1989.


The type of device to be covered by the standard is a satellite distress beacon which comprises a transmitter operating on a frequency of 406.025MHz.

The standard incorporates one made by an organisation called COSPAS-SARSAT for satellite distress beacons participating in its satellite search and rescue system. COSPAS-SARSAT is the acronym for an organisation established to provide a search and rescue system for distressed vessels and aircraft involving satellites. The organisation was set up in 1977 following agreement between Canada, France, USA and the USSR.

The Department of Transport and Communications proposes to participate progressively in the COSPAS-SARSAT system from 1 July 1989 and the present standard is designed to ensure compatibility between beacons used in Australia and the system itself. While the system is designed to cater for beacons on air, land and sea, its initial primary use for Australia will be for sea safety.

The COSPAS-SARSAT system involves a beacon emitting a digitally coded signal which identifies the beacon and indicates its location; this signal is received by a series of satellites around the earth, decoded, and relayed to a land user terminal for dissemination to rescue services. For marine rescue purposes the beacon also includes a transmitter operating on a frequency of 121.5 MHz. The 121.5 MHz signal is used by a rescuer to determine the precise location of the beacon, information from the 406.025 MHz signal having saved much time and narrowed the search area considerably.

NOTES ON CLAUSES

PART 1 - PRELIMINARY

Clause 1 - Citation

Provides that the standard may be cited as Ministerial Standard 309.

Clause 2 - Interpretation

Provides definitions of terms used in the standard. In particular, the term “Specification” means the document known as “Specification for COSPAS-SARSAT 406 MHz Distress Beacons C/S T.001 Issue 2 - Revision 0” dated November 1988.

Clause 3 - Devices to which this standard applies

Sets out the class of devices covered by the standard. The standard applies to satellite distress beacons designed or intended for use on the carrier frequency 406.025 MHz, other than those designed for use in the aeronautical mobile satellite service.


PART 2 - GENERAL

Clause 4 - Equipment markings

Provides that where a certificate has been issued to the effect that a device complies with the standard, a compliance statement in the form set out in Schedule 1 is to be permanently attached to the outside of the device.

Clause 5 - Adjustment mechanisms

Provides that access shall not be readily possible to any adjustment mechanisms on a device if adjustment of such mechanisms could cause the device to operate in a way not permitted by the standard.

PART 3 - TRANSMITTER OPERATION ON 406.025 MHZ

Clause 6 - Adoption of matter contained in the Specification

Provides for the adoption of the matter contained in the Specification so far as it relates to satellite personal locater beacons and satellite emergency position indicating radio beacons. The Specification is set out in full as Schedule 2 to the standard.

Clause 7 - Application and Amendments

Provides for certain modifications of the requirements of the Specification so far only as they relate to satellite emergency position indicating radio beacons.

PART 4 - HOMING TRANSMITTER

Clause 8 - Interpretation

Defines the term “homing transmitter” for the purposes of this Part of the standard to mean an auxiliary homing transmitter included in a device which is a satellite emergency position indicating radio beacon.

Clause 9 - Conditions of Operation

Provides that a homing transmitter must meet the requirements of this Part for a minimum continuous period of 48 hours operating in an ambient temperature between -20 C and 55 C.

Clause 10 - Nominal carrier frequency

Provides that the nominal carrier frequency of a homing transmitter is to be 121.5 MHz.


Clause 11 - Frequency error

Provides that the frequency error of a homing transmitter is not to exceed ± 3 kHz.

Clause 12 - Radiated signal field strength

Provides for a lower limit on the radiated field strength from a homing transmitter, and for the conditions under which the field strength is to be measured.

Clause 13 - Type of emission

Provides for the type of signal to be emitted by a homing transmitter.

Clause 14 - Modulation characteristic

Provides for the modulation to be imposed on the carrier radiated by a homing transmitter.

Clause 15 - Emission spectrum

Provides for the relative power of the various components in the signal transmitted by a homing transmitter.

Clause 16 - Transmitter duty cycle

Provides that a homing transmitter may operate either continuously or intermittently, and if the latter, provides for the manner of the signal’s variation during the cycle.

Clause 17 - Spurious radiation

Provides a limit on the level of any unintended emissions from a homing transmitter.

Clause 18 - Antenna characteristics

Provides for the polarisation of the signal transmitted by a homing transmitter.

SCHEDULES

Schedule 1 prescribes the form of the compliance statement required by clause 4 of the standard.

Schedule 2 is the text of the Specification: that is, the COSPAS-SARSAT specification which the standard incorporates as part of it.

Overview

The Radiocommunications Act 1983 was enacted to provide a framework for the regulation of radiocommunications in Australia. This includes setting standards for devices used in radiocommunications to ensure their safe and efficient operation and to prevent interference. The Act empowers the Minister for Transport and Communications to create standards for specified devices, and this function is exercised through statutory rules such as Ministerial Standard 309. The problem this legislation addresses is the need for uniform standards for satellite distress beacons to ensure compatibility with international satellite search and rescue systems, particularly the COSPAS-SARSAT system, which is crucial for maritime safety. This standard was introduced to align Australian devices with international specifications, thereby enhancing the effectiveness of distress signal transmission and reception. The standard was developed following public consultation and aims to prevent interference and ensure the reliable operation of distress beacons. The enacting body for this standard is the Minister for Transport and Communications, who is required by the Act to publish proposed standards and consider any public feedback before finalisation. The policy objective of Ministerial Standard 309 is to ensure that satellite distress beacons operating in Australia meet internationally recognised specifications, thus facilitating effective search and rescue operations.

Scope and Application

The Ministerial Standard 309, issued under the authority of the Minister for Transport and Communications, pertains to the Radiocommunications Act 1983. This standard specifically applies to satellite distress beacons operating on a frequency of 406.025 MHz, excluding those intended for use in the aeronautical mobile satellite service. The standard incorporates the specifications set by COSPAS-SARSAT, an international organisation established to provide a satellite search and rescue system, to ensure compatibility between beacons used in Australia and the global system. The standard covers requirements for the performance, design, markings, and operation of these devices to prevent interference and ensure safety. Before the standard was finalised, the Minister for Transport and Communications published a notice inviting public comment on the proposed standard. The standard is designed to ensure that these devices comply with international protocols for maritime safety, particularly in the context of search and rescue operations. The geographic scope of this standard is national, ensuring that all satellite distress beacons used within Australia meet the specified requirements, thus facilitating their integration into the global COSPAS-SARSAT system.

Key Provisions

The main operative sections of the Ministerial Standard 309 set forth in the Radiocommunications Act 1983 require adherence to specific standards for satellite distress beacons operating on a frequency of 406.025MHz. Clause 3 identifies the class of devices covered by the standard, specifically satellite distress beacons designed for use on the 406.025 MHz frequency, excluding those intended for use in the aeronautical mobile satellite service. Clause 4 mandates that a compliance statement, detailed in Schedule 1, must be permanently affixed to the outside of the device once a certificate of compliance has been issued. Clause 5 ensures that access to any adjustment mechanisms that could alter the device's operation in a manner not permitted by the standard must be restricted. Furthermore, Clause 6 incorporates the Specification for COSPAS-SARSAT 406 MHz Distress Beacons C/S T.001 Issue 2 - Revision 0 dated November 1988, as Schedule 2, which sets out detailed technical requirements for satellite personal locator beacons and satellite emergency position indicating radio beacons. The Act imposes several obligations on the parties and entities it governs. Firstly, manufacturers and importers of satellite distress beacons must ensure that their devices comply with the standards set forth in the Ministerial Standard 309. This includes adhering to the technical specifications outlined in the COSPAS-SARSAT specification, ensuring that any adjustment mechanisms are not readily accessible, and affixing a compliance statement as specified. Additionally, entities involved in the design, manufacture, or importation of these devices must participate in the certification process to obtain a compliance certificate. The Act also requires that devices be tested and certified by authorised bodies to confirm compliance with the standard before they can be sold or imported into Australia. The Ministerial Standard 309 includes provisions for penalties and consequences for non-compliance. While the Explanatory Statement does not detail specific penalties, the Radiocommunications Act 1983 generally provides for substantial penalties for breaches of radiocommunications standards. Offences may include fines and imprisonment for individuals, and fines for corporations. The severity of the penalties can depend on the nature and extent of the breach, with repeat offenders or significant non-compliance potentially facing higher penalties. These provisions are designed to ensure that all satellite distress beacons operating in Australia meet the necessary safety and performance standards, thereby enhancing the effectiveness of the COSPAS-SARSAT system in search and rescue operations.

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