EXPLANATORY STATEMENT
STATUTORY RULES 1985 No. 339
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 devices. Under sub-section 3(1) of the Act ‘device’ means a transmitter, receiver or radiosensitive equipment but does not include a broadcasting station or a television station.
Under sub-section 9(5) of the Act, standards relating to radiocommunications transmitters may consist only of certain requirements including the performance, design, finish and construction of radiocommunications transmitters as are necessary or convenient to be made for or in relation to (amongst other things) the prevention or reduction of interference, or risk of interference, to radiocommunications.
Sub-section 9(11) of the Act provides that standards may apply, adopt or incorporate, with or without modification, any matter contained in a standard proposed or approved by the Standards Association of Australia (SAA).
Sub-section 11(1) of the Act provides that a person who, without reasonable excuse -
(a) except in accordance with a test permit, causes a sub-standard transmitter to make a radio transmission;
(b) supplies a sub-standard device; or
(c) except in accordance with a test permit, has in his possession a sub-standard transmitter,
is guilty of an offence punishable upon conviction by a fine not exceeding $10,000 or imprisonment for a period not exceeding 5 years, or both.
Sub-sections 9(2), 9(3) and 9(4) of the Act provide that, before making a standard or altering a proposed standard, the Minister must publish the proposed standard for comment within a set time by interested persons. However, sub-section 9(9) of the Act provides that these sub-sections “do not apply to the making of a standard if the Minister is satisfied that the making of the standard is a matter of urgency.”
The standard made by the Minister for Communications on 28 November 1985 and published as Statutory Rules 1985 No 339. adopts the SAA’s “Australian Standard 2064-1977” as modified to exclude references to microwave ovens. The purpose of this standard is to establish limits for interference caused by both
the fundamental frequency and/or any harmonic which may be generated by industrial, scientific, medical and similar equipment in which radio frequency signals are deliberately generated in the range 150 kHz to 18 GHz. Both radiated and conducted interference may be generated by such equipment and both are capable of causing severe interference to other types of electronic equipment.
The standard was made, pursuant to sub-section 9(9) of the Act, as a matter of urgency to forestall the further importation into Australia of drying equipment capable of causing dangerous radio interference. There have already been several cases of radio interference to aviation communications, having serious implications in terms of air safety, which have been traced to such drying equipment.
Overview
The Statutory Rules 1985 No. 339, issued under the authority of the Minister for Communications, was enacted in response to the urgent need to address the issue of radio interference caused by industrial, scientific, and medical equipment within the frequency range of 150 kHz to 18 GHz. The Radiocommunications Act 1983 provides the legislative framework allowing the Minister to establish standards for such devices to prevent or reduce interference, and this specific rule adopts the Australian Standard 2064-1977, with modifications to exclude references to microwave ovens. The policy objective is to mitigate the risk of interference to radiocommunications, which had already led to several incidents affecting aviation safety. The urgency in adopting these standards was underscored by the potential danger posed by the importation of drying equipment causing significant radio interference.
The enacting body, the Parliament of Australia, through the Radiocommunications Act 1983, empowers the Minister to make standards necessary for the prevention or reduction of interference to radiocommunications. The statutory rule was enacted as a matter of urgency to immediately address the importation of equipment that could generate harmful radio interference, thereby ensuring compliance with the standards and protecting critical communications infrastructure.
Scope and Application
The statutory rules outlined in Statutory Rules 1985 No. 339, issued under the Radiocommunications Act 1983, pertain to the establishment of standards for radiocommunications devices, excluding broadcasting and television stations. The rules are crafted to prevent and reduce interference from industrial, scientific, and medical equipment within the frequency range of 150 kHz to 18 GHz, both in terms of radiated and conducted interference. These standards were adopted from the Australian Standard 2064-1977, proposed by the Standards Association of Australia, with modifications excluding references to microwave ovens. The urgency of these rules was prompted by prior incidents of severe radio interference, particularly affecting aviation communications, which posed significant air safety risks. The Act applies to any person or entity involved in the manufacture, supply, or use of radiocommunications devices within Australia, including industrial, scientific, and medical equipment generating radio frequency signals. The Minister for Communications has the authority to enforce these standards, and any contravention, such as causing a sub-standard transmitter to make a radio transmission, supplying a sub-standard device, or possessing a sub-standard transmitter without reasonable excuse, can result in substantial penalties, including fines up to $10,000, imprisonment for up to five years, or both. The Act also allows for the adoption of international standards, and in this case, the urgency provision under sub-section 9(9) enabled the swift implementation of the standard to address immediate safety concerns.
Key Provisions
The main provisions of this legislation, which is Statutory Rules 1985 No. 339, concern the establishment of standards for radiocommunications transmitters and devices under the Radiocommunications Act 1992 (section 9(1)). These standards, as set forth in the instrument, are intended to prevent or reduce interference from devices such as industrial, scientific, and medical equipment that generate radio frequency signals between 150 kHz and 18 GHz (section 9(5)). The adopted standard, Australian Standard 2064-1977, is modified to exclude references to microwave ovens and is aimed at limiting both radiated and conducted interference that can severely affect other electronic equipment (section 9(11)).
The Act imposes several obligations on parties or entities governed by it. Firstly, it mandates that before making or altering a proposed standard, the Minister must publish the proposed standard for comment by interested parties, unless the Minister determines that the creation of the standard is urgent (sections 9(2), 9(3), 9(4), and 9(9)). This ensures transparency and stakeholder involvement in the standard-setting process. Furthermore, any person who causes a sub-standard transmitter to make a radio transmission, supplies a sub-standard device, or possesses such a transmitter without a test permit is required to comply with the established standards (section 11(1)).
The legislation outlines specific offences and penalties for non-compliance. Any person who, without reasonable excuse, causes a sub-standard transmitter to make a radio transmission, supplies a sub-standard device, or possesses such a transmitter without a test permit commits an offence. Upon conviction, the offender is liable to a fine not exceeding $10,000, imprisonment for a period not exceeding five years, or both (section 11(1)). These penalties underscore the seriousness with which the Act treats compliance with radiocommunications standards, particularly in light of the safety implications associated with radio interference.