Radiocommunications (121.5 MHz and 243.0 MHz Emergency Position Indicating Radio Beacons) Standard 2003

Administered by Department of Communications and the Arts

Legislation au F2005B00176 Not in force Legislative Instrument

Legislation content

Radiocommunications (121.5 MHz and 243.0 MHz Emergency Position Indicating Radio Beacons) Standard 2003

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 Revocation 

 4 Definitions 

 5 Application 

 6 Standard for performance 

 7 Transitional period — compliance with former Standard 

 8 Compliance with this Standard — compliance with former Standard 

 9 Effect of amendment of standard for performance 

Notes   

 

 

 

 

 

1 Name of Standard [see Note 1]

  This Standard is the Radiocommunications (121.5 MHz and 243.0 MHz Emergency Position Indicating Radio Beacons) Standard 2003.

2 Commencement [see Note 1]

  This Standard commences on gazettal.

3 Revocation

  Radiocommunications Standard (121.5 MHz and 243.0 MHz Emergency Position Indicating Radio Beacons) No. 1 of 1996 is revoked.

4 Definitions

  In this Standard:

121.5 MHz and 243.0 MHz emergency position indicating radio beacon means a device:

 (a) that is capable of being operated on:

 (i) the carrier frequency 121.5 MHz; or

 (ii) the carrier frequency 243.0 MHz; or

 (iii) the carrier frequencies of 121.5 MHz and 243.0 MHz; and

 (b) that incorporates a transmitter that is designed or manufactured principally for the purpose of facilitating search and rescue operations.

Act means the Radiocommunications Act 1992.

model, of a radiocommunications device, means a version of the device that has a particular design and identifying number.

5 Application

 (1) This Standard applies to a radiocommunications device:

 (a) that is a 121.5 MHz and 243.0 MHz emergency position indicating radio beacon; 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.

6 Standard for performance

  For paragraph 162 (1) (a) of the Act, the standard for performance is the standard set out in AS/NZS 4330:2000, as in force from time to time, other than the following provisions:

 (a) the second paragraph of clause 1.1;

 (b) clause 1.4.1 (the definition of ‘battery shelf life’);

 (c) clause 1.4.2 (the definition of ‘battery sub-assembly’);

 (d) section 2;

 (e) the last paragraph of clause 3.3.10;

 (f) Appendix A.

7 Transitional period — compliance with former Standard

 (1) This section has effect despite the revocation of the Radiocommunications Standard (121.5 MHz and 243.0 MHz Emergency Position Indicating Radio Beacons) No. 1 of 1996.

 (2) If a radiocommunications device of a particular model is manufactured, imported, altered or modified within 1 year after the commencement of this Standard, the device is taken to comply with this Standard if it complies with the Radiocommunications Standard (121.5 MHz and 243.0 MHz Emergency Position Indicating Radio Beacons) No. 1 of 1996 when it is manufactured, imported, altered or modified.

 (3) If a radiocommunications device of that model is manufactured, imported, altered or modified 1 year or more after the commencement of this Standard, the device is taken to comply with this Standard if it complies with the Radiocommunications Standard (121.5 MHz and 243.0 MHz Emergency Position Indicating Radio Beacons) No. 1 of 1996 when it is manufactured, imported, altered or modified.

8 Compliance with this Standard — compliance with former Standard

 (1) This section has effect despite the revocation of the Radiocommunications Standard (121.5 MHz and 243.0 MHz Emergency Position Indicating Radio Beacons) No. 1 of 1996.

 (2) If a radiocommunications device of a particular model was manufactured, imported, altered or modified before the commencement of this Standard, the device is taken to comply with this Standard if it complied with the Radiocommunications Standard (121.5 MHz and 243.0 MHz Emergency Position Indicating Radio Beacons) No. 1 of 1996 when it was manufactured, imported, altered or modified.

 (3) If a radiocommunications device of that model is manufactured, imported, altered or modified on or after the commencement of this Standard, the device is taken to comply with this Standard if it complies with the Radiocommunications Standard (121.5 MHz and 243.0 MHz Emergency Position Indicating Radio Beacons) No. 1 of 1996 when it is manufactured, imported, altered or modified.

9 Effect of amendment of standard for performance

 (1) If a radiocommunications device is manufactured, imported, altered or modified within 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 (121.5 MHz and 243.0 MHz Emergency Position Indicating Radio Beacons) Standard 2003

Note 1

The Radiocommunications (121.5 MHz and 243.0 MHz Emergency Position Indicating Radio Beacons) Standard 2003 (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 (121.5 MHz and 243.0 MHz Emergency Position Indicating Radio Beacons) Standard 2003

10 Dec 2003
(see Gazette 2003, No. GN49)

10 Dec 2003

 

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. 5.................

rs. 2005 No. 1

 

Overview

The Radiocommunications (121.5 MHz and 243.0 MHz Emergency Position Indicating Radio Beacons) Standard 2003, as amended, is a legislative instrument made under subsection 162(1) of the Radiocommunications Act 1992. This Standard was enacted to address the need for consistent and reliable emergency beacons used in search and rescue operations, ensuring that these devices meet specific performance criteria to enhance their effectiveness in locating distressed individuals or vessels. The Standard applies to emergency position indicating radio beacons operating on 121.5 MHz and 243.0 MHz frequencies, excluding those imported for specific significant events as notified on the Australian Communications and Media Authority's website. The policy objective is to ensure that emergency beacons comply with the latest technological standards, thereby improving the safety and efficiency of search and rescue operations. This legislative instrument was prepared by the Office of Legislative Drafting and Publishing, Attorney-General’s Department, and was compiled to reflect amendments up to the Radiocommunications Amendment Standard 2005 (No. 1).

Scope and Application

The Radiocommunications (121.5 MHz and 243.0 MHz Emergency Position Indicating Radio Beacons) Standard 2003, made under the Radiocommunications Act 1992, applies to radiocommunications devices that are 121.5 MHz and 243.0 MHz emergency position indicating radio beacons. This Standard mandates these devices to meet specific performance criteria to ensure their efficacy in search and rescue operations. However, devices imported solely for use in connection with a significant event, as defined and notified on the Australian Communications and Media Authority's website, are exempt from this Standard provided they meet certain conditions and requirements. The Standard is applicable across Australia and is enforced by the Commonwealth. Additionally, the Standard includes transitional provisions to allow for compliance with previous standards during a specified period post-enactment, ensuring a smooth transition for manufacturers, importers, and users of these devices.

Key Provisions

The Radiocommunications (121.5 MHz and 243.0 MHz Emergency Position Indicating Radio Beacons) Standard 2003, as amended, applies to radiocommunication devices that operate on the emergency frequencies of 121.5 MHz and 243.0 MHz and are primarily designed for facilitating search and rescue operations. This Standard sets out the performance criteria for these emergency beacons as specified in the Australian Standard AS/NZS 4330:2000, with certain exclusions and modifications outlined in section 6. This Standard came into effect upon gazettal, as stated in section 2, and it revoked the previous Radiocommunications Standard (121.5 MHz and 243.0 MHz Emergency Position Indicating Radio Beacons) No. 1 of 1996, as indicated in section 3. The Standard imposes specific obligations on parties and entities dealing with 121.5 MHz and 243.0 MHz emergency position indicating radio beacons. For example, any radiocommunication device that is a 121.5 MHz and 243.0 MHz emergency position indicating radio beacon must comply with this Standard unless it is imported solely for use in connection with a significant event, as per section 5(2). Devices imported for such significant events must meet any testing or inspection requirements, comply with any imposed conditions or requirements, and be used only at the location of the significant event and for its duration. Furthermore, devices manufactured, imported, altered, or modified within one year after the commencement of this Standard are considered compliant if they meet the previous Standard, as detailed in sections 7 and 8. Violations of the provisions under this Standard may result in civil or criminal consequences. While the Standard itself does not explicitly state penalties, breaches of the Radiocommunications Act 1992, under which this Standard is made, can lead to significant penalties. For instance, contravening the Act may result in fines up to $1.1 million for corporations and $220,000 for individuals, as well as imprisonment terms that can extend to several years, depending on the severity of the offence. Additionally, non-compliance with this Standard could indirectly lead to enforcement actions under the Act, including fines and other penalties as prescribed by the legislation.

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