EXPLANATORY STATEMENT
STATUTORY RULE 1987 NO. 40 ISSUED BY THE AUTHORITY OF
THE MINISTER FOR COMMUNICATIONS
Sub-section 9(1) of the Radiocommunications Act 1983 (‘the Act’) provides that, subject to section 9, the Minister may, by instrument in writing, make standards for specified devices or devices included in a specified class of device.
Sub-section 9(2) of the Act provides that before making a standard the Minister shall by notice published in accordance with the regulations set out amongst other things the standard that he proposes to make and invite interested persons to make representations in connection with the proposed standard.
Sub-section 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.
Sub-section 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 or those receivers.
Sub-section 9(11) provides that standards may make provision for or in relation to a matter referred to in sub-sections (5) and (7) by applying, adopting or incorporating, with or without modification, any matter contained in a standard proposed or approved by the Standards Association of Australia, or by a prescribed association or body, as in force or existing at a particular time.
The Minister published a notice in the Gazette of 3 November 1986 setting out the proposed standard and inviting interested persons to comment on it by 31 December 1986. The proposed standard was also circulated for comment to importers and suppliers. The standard was made on 5 February 1987.
The standard applies to cellular subscriber units. It may be cited as “Ministerial Standard 313” and comes into operation on 16 March 1987. The standard adopts, with some modifications and additions, those parts of “TPH 166: CMTS Cellular Mobile Telephone System - Air Interface Compatability Specification” approved by the Australian Telecommunications Commission and published in January 1986 as are set out in item 1 of the schedule. The Australian Telecommunications Commission is a prescribed “association or body” for the purpose of sub-section 9(11) of the Act by virtue of regulation 2A of the Radiocommunications (Licensing and General) Regulations.
A cellular subscriber unit is a transceiver, that is a receiver and a transmitter. The standard makes provision for equipment markings to be borne by cellular subscriber units, it prohibits the incorporation of certain adjustment mechanisms in cellular subscriber units and it adopts, with one modification, those parts of Telecom standard TPH: 1666 as are set out in item 1 of the schedule.