Ministerial Standard 312

Legislation au C2004L06428 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

STATUTORY RULE 1988 NO. 70 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 14 October 1987 setting out a proposed standard and inviting interested persons to comment on it by 30 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.

PART 2 - GENERAL

Clause 4 - Provides that the standard applies to CB radios capable of operating on frequencies not exceeding 30 MHz.

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(2) 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 those 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.

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 not 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-specific 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 the rated peak envelope power of a transmitter operating in a specified emission mode.

Clause 15 - Sets a maximum limit for the depth of amplitude modulation for a transmitter operating in a specified emission mode under any modulation conditions.

Clause 16 - Sets the technical parameters for the automatic lever control of a transmitter.

Clause 17 - Sets maximum limits for out-of-band emissions from a transmitter operating in a specified emission mode.

Clause 18 - Sets a maximum limit for spurious emissions from a transmitter operating in a specified emission mode.

Clause 19 - Sets minimum levels for the suppression of unwanted emissions from a transmitter operating in a specified emission mode.

PART 4 - RECEIVER

Clause 20 - Sets a maximum limit for spurious signals from a receiver.

Overview

The Statutory Rule 1988 No. 70, issued under the authority of the Minister for Transport and Communications Support, was enacted to address the need for specific standards for devices operating within the radiocommunications sector, particularly Citizens Band (CB) radios and similar multi-role devices. The Radiocommunications Act 1983 authorised the Minister to establish these standards, and following a public consultation process, the statutory rule was developed to ensure that these devices meet necessary technical and operational requirements. The rule aims to prevent interference and ensure safe, efficient operation of radiocommunications equipment by setting specific parameters for device performance, design, and emissions. This legislative instrument was issued to provide clarity and enforceability regarding the standards that such devices must meet, ensuring they do not interfere with other services and operate within specified limits to maintain the integrity of radiocommunications.

Scope and Application

The statutory rule issued under the Radiocommunications Act 1992 sets forth specific technical standards for Citizens' Band (CB) radios capable of operating on frequencies not exceeding 30 MHz. These standards apply to both single-role CB radios and multi-role devices, which are designed to operate on CB radio service frequencies as well as other frequencies such as the inshore boating service. However, for multi-role devices, the technical operating requirements outlined in Parts 3 and 4 of the standard only apply when the device is being used in the CB radio service. When the device is used in another service, the applicable standards for that particular service will govern. The standard mandates that devices tested for compliance must display details of the compliance statement certificate and model designation, restricts access to any adjustment mechanisms that could permit non-compliant operation, and specifies the operational temperature and primary supply voltage range. For transmitters, the standard details specific emission modes, channel and frequency restrictions, power limits, modulation depth, and emission suppression requirements. For receivers, it sets limits on spurious signals. The standard was developed following a public consultation process and commenced on 1 May 1988. The statutory rule extends its application across the Commonwealth of Australia, applying uniformly to all entities and persons involved in the manufacture, importation, sale, or use of CB radios within the specified frequency range. It does not explicitly state any exclusions or exemptions, implying that all such devices must comply with the outlined standards unless otherwise specified by another piece of legislation. The application of this standard may be further refined or extended through subordinate instruments issued by the Minister for Transport and Communications Support under the authority of the Radiocommunications Act 1992.

Key Provisions

The Statutory Rule 1988 No. 70, issued under the Radiocommunications Act 1983, sets out detailed standards for CB radios operating on frequencies not exceeding 30 MHz, and also addresses multi-role devices that operate on other frequencies in addition to CB radio service frequencies (Clause 4). This standard applies comprehensively to CB radios, but for multi-role devices, it only applies to their operation in the CB radio service, with other services governed by relevant standards for those services (Clause 4(2)). The standard was published in the Gazette and made available for public comment before being officially signed into effect by the Minister on 7 April 1988 and coming into force on 1 May 1988 (Clause 2). The obligations under this standard include displaying details of compliance statements and model designations on tested devices (Clause 5), restricting access to any adjustment mechanisms that could allow a device to operate contrary to the standard's technical requirements (Clause 6), and ensuring devices operate within specified temperature and primary supply voltage ranges (Clause 7). For transmitters, there are specific operational and technical requirements: they must operate in only two specified emission modes, with limits on transmission duration, carrier frequency error, carrier power, peak envelope power, amplitude modulation depth, out-of-band and spurious emissions, and unwanted emissions suppression (Clauses 9-19). For receivers, the standard sets a maximum limit for spurious signals (Clause 20). Failure to comply with the provisions of this standard can lead to significant consequences. Although the statutory rule itself does not explicitly outline penalties for non-compliance, the Radiocommunications Act 1992, under which these standards are set, provides a framework for enforcement. Non-compliance can lead to civil penalties, including fines, and in severe cases, criminal penalties. The Act also allows for the confiscation of non-compliant devices and the initiation of legal proceedings against the offending parties. The exact penalties depend on the nature and severity of the breach but can be substantial, reflecting the importance of adhering to radiocommunications standards for public safety and efficient spectrum use.

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