EXPLANATORY STATEMENT
STATUTORY RULE 1987 NO. 236 ISSUED BY THE AUTHORITY OF THE MINISTER FOR LAND TRANSPORT AND INFRASTRUCTURE SUPPORT
Sub-section 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.
Sub-section 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.
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.
The Minister for Communications published a notice in the Gazette of 13 May 1987 setting out the proposed standard and inviting interested persons to comment on it by 26 June 1987. The proposed standard was also circulated for comment to importers and suppliers. The standard was signed by the Minister for Land Transport and Infrastructure Support on 7 September 1987.
The standard applies to radiocommunications transmitters which are wireless video transmitters. A wireless video transmitter is a device which provides ‘wire free’ connection between video recorders and television receivers, thus allowing a video recorder to operate some distance from one or a number of television receivers. Some wireless video transmitters currently available have a range of up to 100 metres and can cause interference to television reception. The standard will impose requirements which limit such potential for interference. The standard is to come into operation on 2 November 1987.
Part 2 of the standard sets out general requirements for the design of a wireless video transmitter. The requirements restrict access to adjustment mechanisms which could permit operation of the device outside the technical parameters set in the standard (Clause 6) and restrict the size, type and arrangement of antenna which can be used on a wireless video transmitter (Clause 7).
Where a wireless video transmitter has been tested for compliance with this standard, details of the compliance statement certificate and model designation are to be displayed on the wireless video transmitter (Clause 5).
Part 3 of the standard sets the technical requirements for the transmitter in a wireless video transmitter. The transmitter is to be capable of operation only on a UHF frequency, tunable within a specified range, and not on more than one frequency at any one time (clause 9). A maximum limit is set for vision carrier field strength (clause 10) and unwanted emissions (clause 11).
Overview
The Statutory Rule 1987 No. 236, issued under the authority of the Minister for Land Transport and Infrastructure Support, amends the Radiocommunications Act 1983 to address the issue of interference caused by wireless video transmitters. These devices, which facilitate the connection between video recorders and television receivers without the need for cables, can potentially cause significant interference to television reception if not properly regulated. The proposed standard, published by the Minister for Communications in the Gazette of 13 May 1987, was developed following a consultation process that invited comments from interested parties and industry stakeholders by 26 June 1987. The objective of the standard is to mitigate the risk of interference by imposing specific requirements on the design, performance, and technical specifications of wireless video transmitters, including limitations on their operational frequencies and emission levels. The standard came into effect on 2 November 1987, ensuring that devices on the market meet the necessary criteria to minimise interference with other radiocommunications services.
Scope and Application
The Statutory Rule 1987 No. 236, issued under the authority of the Minister for Land Transport and Infrastructure Support, pertains to the Radiocommunications Act 1992. It establishes standards for wireless video transmitters, which are devices providing a 'wire free' connection between video recorders and television receivers. This standard is applicable to any entity or person involved in the design, manufacture, importation, or sale of wireless video transmitters within Australia. The standard imposes performance, design, finish, construction, and labelling requirements on these devices to ensure their operation does not cause interference to television reception or other radiocommunications. Before finalising the standard, the Minister published a notice in the Gazette, inviting interested parties to comment on the proposed requirements. The standard, signed by the Minister on 7 September 1987, came into operation on 2 November 1987. The standard includes general design restrictions and technical performance criteria for wireless video transmitters, including limitations on antenna size and type, operation frequency, and maximum vision carrier field strength and unwanted emissions.
Key Provisions
The primary operative sections of this statutory rule revolve around the establishment and implementation of standards for wireless video transmitters under the Radiocommunications Act 1983 (sections 9(1) and 9(2)). Section 9(1) allows the Minister to create standards for specified devices, and section 9(2) mandates that before doing so, the Minister must publish the proposed standard and solicit feedback from interested parties. These standards, which are detailed in Part 2 and Part 3 of the statutory rule, focus on limiting interference and ensuring the safe and effective operation of wireless video transmitters. The standards require specific design and technical parameters to be adhered to, such as restricting access to adjustment mechanisms (Clause 6) and setting limitations on antenna size and type (Clause 7).
The statutory rule imposes several obligations and requirements on entities involved in the manufacture, importation, and supply of wireless video transmitters. Manufacturers and suppliers must ensure that their products comply with the design and technical requirements set out in the standard. This includes limiting the operation of transmitters to a UHF frequency within a specified range and ensuring that the device does not operate on more than one frequency simultaneously (Clause 9). Additionally, compliance with these standards must be evidenced by a compliance statement certificate and model designation, which must be displayed on the transmitter (Clause 5). Importers and suppliers must also be aware of these requirements and ensure that the devices they distribute meet the specified standards.
Failure to comply with the standards set out in this statutory rule can result in significant consequences. While the explanatory statement does not explicitly outline offences or penalties, non-compliance with standards under the Radiocommunications Act 1983 can lead to legal repercussions. This includes the potential for civil or criminal penalties, as well as the possibility of enforcement actions by regulatory authorities. Given the potential for interference with television reception and other radiocommunications, adherence to these standards is crucial to avoid any adverse legal or operational impacts.