Radiocommunications (118MHz to 137MHz Amplitude Modulated Equipment — Aeronautical Radio Service) Standard 2002
as amended
made under subsection 162 (1) of the
Radiocommunications Act 1992
This compilation was prepared on 24 November 2005
taking into account amendments up to Radiocommunications Amendment Standard 2005 (No. 1)
Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department, Canberra
Contents
1 Name of Standard [see Note 1]
2 Commencement [see Note 1]
3 Application
4 Standard for performance
5 Effect of amendment of standard for performance
Notes
1 Name of Standard [see Note 1]
This Standard is the Radiocommunications (118MHz to 137MHz Amplitude Modulated Equipment — Aeronautical Radio Service) Standard 2002.
2 Commencement [see Note 1]
This Standard commences on gazettal.
3 Application
(1) This Standard applies to a radiocommunications device:
(a) that is amplitude modulated equipment used in the aeronautical radio service in the frequency range 118MHz to 137MHz; and
(b) that is not a device mentioned in subsection (2).
Exception — device imported for significant event
(2) This subsection applies to a radiocommunications device that:
(a) is imported in Australia solely for use in connection with a significant event; and
(b) if required to be tested or inspected before it is used in Australia — meets the testing or inspection requirements; and
(c) if conditions or requirements are imposed on the use of the device in Australia — complies with those conditions or requirements; and
(d) is used in Australia only at the location of the significant event; and
(e) is used in Australia only for the duration of the significant event.
(3) In this section:
significant event means an event at a specified location or locations, notified on the website www.acma.gov.au with the approval of the Chair.
4 Standard for performance
For paragraph 162 (1) (a) of the Radiocommunications Act 1992, the standard for performance is the standard set out in AS/NZS 4583:1999, as in force from time to time.
5 Effect of amendment of standard for performance
(1) If a radiocommunications device is manufactured, imported, altered or modified less than 1 year after the standard for performance is amended, the device is taken to meet the standard for performance if it meets that standard as in force before the amendment.
(2) A radiocommunications device that is manufactured, imported, altered or modified 1 year or more after the standard for performance is amended must meet the standard for performance as amended.
Notes to the Radiocommunications (118MHz to 137MHz Amplitude Modulated Equipment — Aeronautical Radio Service) Standard 2002
Note 1
The Radiocommunications (118MHz to 137MHz Amplitude Modulated Equipment — Aeronautical Radio Service) Standard 2002 (in force under subsection 162 (1) of the Radiocommunications Act 1992) as shown in this compilation is amended as indicated in the Tables below.
Under the Legislative Instruments Act 2003, which came into force on 1 January 2005, it is a requirement for all non-exempt legislative instruments to be registered on the Federal Register of Legislative Instruments.
Table of Instruments
Title | Date of notification
in Gazette or FRLI registration | Date of
commencement | Application, saving or
transitional provisions |
Radiocommunications (118MHz to 137MHz Amplitude Modulated Equipment — Aeronautical Radio Service) Standard 2002 | 15 May 2002 (see Gazette 2002, No. GN19) | 15 May 2002 | |
Radiocommunications Amendment Standard 2005 (No. 1) | 22 Nov 2005 (see F2005L03647) | 23 Nov 2005 | — |
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
Provision affected | How affected |
S. 3................. | rs. 2005 No. 1 |
Overview
The Radiocommunications (118MHz to 137MHz Amplitude Modulated Equipment – Aeronautical Radio Service) Standard 2002, as amended, is a legislative instrument enacted under the Radiocommunications Act 1992. It was introduced to establish a standard for the performance of radiocommunications devices operating in the specified frequency range within the aeronautical radio service. This standard was created to ensure that these devices meet particular technical specifications, thereby facilitating effective and safe radiocommunications within the aeronautical sector. The Australian Communications and Media Authority (ACMA) is responsible for enforcing this standard. The policy objective is to maintain a high standard of radiocommunications equipment to support aviation safety and efficiency. The standard references the Australian/New Zealand Standard AS/NZS 4583:1999, which outlines the required performance criteria. Devices manufactured, imported, altered, or modified within a year of the standard's amendment must meet the previous standard, while those modified a year or more after the amendment must comply with the updated standard.
Scope and Application
The Radiocommunications (118MHz to 137MHz Amplitude Modulated Equipment — Aeronautical Radio Service) Standard 2002 applies to radiocommunications devices that are amplitude-modulated equipment used in the aeronautical radio service within the specified frequency range of 118MHz to 137MHz. The standard is made under subsection 162(1) of the Radiocommunications Act 1992 and applies to devices manufactured, imported, altered, or modified in Australia, except for devices imported solely for use in connection with a significant event, which is defined as an event notified on the Australian Communications and Media Authority (ACMA) website. The Standard for performance is set out in AS/NZS 4583:1999, as in force from time to time, and any amendments to this standard affect devices manufactured, imported, altered, or modified one year or more after the amendment. The Standard is subject to transitional provisions that allow devices to meet the previous standard if manufactured, imported, altered, or modified less than one year after an amendment.
Key Provisions
The Radiocommunications (118MHz to 137MHz Amplitude Modulated Equipment – Aeronautical Radio Service) Standard 2002 (section 3) applies to radiocommunications devices that are amplitude modulated equipment used in the aeronautical radio service within the specified frequency range. These devices must meet the performance standards set out in AS/NZS 4583:1999, as it is amended from time to time. There is an exception for devices imported solely for use in connection with a significant event, provided they meet certain conditions (section 3(2)). The standard's application ensures that all devices operating within this frequency range adhere to the same technical specifications, thereby maintaining consistent and safe communication standards for aeronautical purposes.
The obligations imposed by this Standard (section 4) require that any radiocommunications device within its scope must meet the performance standards detailed in AS/NZS 4583:1999. Manufacturers, importers, and users of these devices are responsible for ensuring compliance with these standards. This includes adhering to any amendments to the standards, which may require updates to the equipment to maintain compliance. The requirements are designed to ensure that all devices function correctly and safely within the aeronautical radio service.
In terms of compliance and enforcement, the Standard stipulates that devices manufactured, imported, altered, or modified within one year of an amendment to the performance standard must meet the amended standard (section 5(2)). Failure to comply with these standards could result in non-compliance with the Radiocommunications Act 1992, potentially leading to enforcement actions. While specific penalties are not detailed within this Standard, non-compliance with the Radiocommunications Act can result in substantial fines and other legal consequences, as outlined in the overarching legislation. It is important for entities to stay informed about amendments and ensure their devices remain compliant to avoid any legal repercussions.