Ministerial Standard 313

Overview

The Radiocommunications Act 1983 (the Act) was enacted to provide a comprehensive regulatory framework for radiocommunications in Australia, addressing the need for consistent and effective standards to ensure the safe and efficient use of radio spectrum. The Act empowers the Minister for Communications to make standards for specified devices, including radiocommunications transmitters and receivers, through statutory rules. This process involves consultation with interested parties to ensure that proposed standards are practical and address relevant issues such as performance, design, and the prevention of interference. The Act also allows for the adoption of standards from recognised bodies like the Standards Association of Australia. The explanatory statement pertains to a specific standard, Ministerial Standard 313, made under the authority of the Minister for Communications and published in 1987. This standard focuses on cellular subscriber units, incorporating elements from a previously approved Australian Telecommunications Commission standard, with modifications to address contemporary needs and ensure compatibility within the broader radiocommunications ecosystem.

Scope and Application

The Ministerial Standard 313 applies to cellular subscriber units, which are defined as transceivers that function both as receivers and transmitters. The standard was issued under the authority of the Minister for Communications in accordance with the Radiocommunications Act 1983. The Act empowers the Minister to establish standards for specified devices or classes of devices, and in this instance, the standard specifically addresses cellular subscriber units. The standard was published in the Gazette on 3 November 1986, and interested parties were invited to provide feedback by 31 December 1986, including importers and suppliers who received direct communication regarding the proposed standard. The standard was subsequently formalised and came into effect on 16 March 1987. It adopts, with modifications and additions, certain parts of the "TPH 166: CMTS Cellular Mobile Telephone System - Air Interface Compatibility Specification" approved by the Australian Telecommunications Commission and published in January 1986. The Australian Telecommunications Commission is recognised as a prescribed association or body under sub-section 9(11) of the Act, facilitating the adoption of their standards with modifications. The standard mandates specific markings for cellular subscriber units, prohibits certain adjustment mechanisms, and incorporates relevant parts of the Telecom standard TPH 1666 with one modification, as detailed in the schedule to the standard.

Key Provisions

The statutory rule, issued under the authority of the Minister for Communications, establishes a Ministerial Standard 313 for cellular subscriber units (section 1). This standard applies to both the transmitters and receivers in these units. The Minister is empowered to establish these standards under section 9(1) of the Radiocommunications Act 1992 (the Act), which allows the Minister to create standards for specified devices or classes of devices through a written instrument. Prior to establishing the standard, the Minister is required by section 9(2) of the Act to publish a notice in the Gazette and elsewhere, inviting interested parties to provide comments on the proposed standard. In this case, the notice was published in the Gazette on 3 November 1986, and comments were invited until 31 December 1986. The standard itself was subsequently made on 5 February 1987 and came into operation on 16 March 1987. The Ministerial Standard 313 imposes specific obligations on the entities it governs. Firstly, it mandates that cellular subscriber units bear certain equipment markings as specified in the standard (section 1). These markings are intended to ensure that the equipment meets the required standards and specifications. Secondly, the standard prohibits the incorporation of certain adjustment mechanisms in cellular subscriber units (section 1). This prohibition aims to prevent potential issues with interference or compatibility with other devices. Thirdly, the standard adopts, with modifications and additions, parts of the Telecom standard TPH 166: CMTS Cellular Mobile Telephone System - Air Interface Compatibility Specification, which was approved by the Australian Telecommunications Commission and published in January 1986 (section 1). The Australian Telecommunications Commission is a prescribed association or body under section 9(11) of the Act, allowing the Minister to incorporate their standards into the Ministerial Standard 313. Failure to comply with the Ministerial Standard 313 may result in various consequences. While the statutory rule itself does not explicitly outline specific offences or penalties, the Act provides a framework for enforcement. Non-compliance with standards set under section 9 of the Act could potentially lead to regulatory action, including fines or other penalties as prescribed by the Act. Additionally, non-compliance could result in the equipment being deemed non-compliant, which may prevent its use or sale within Australia. The precise consequences of non-compliance would be determined by the relevant regulatory authorities and would depend on the specific circumstances of the breach.