Radiocommunications (Accreditation Body) Determination 2014

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2014L01239 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

Issued by the Australian Communications and Media Authority

Radiocommunications (Accreditation Body) Determination 2014

Radiocommunications Act 1992

 


Purpose 

The Australian Communications and Media Authority (the ACMA) has made the Radiocommunications (Accreditation Body) Determination 2014 (the 2014 Determination) to replace the Radiocommunications (Accreditation Body) Determination 1998 (the 1998 Determination) without making any changes to the regulatory arrangements created by the 1998 Determination. 

The ACMA has made the 2014 Determination as the 1998 Determination is due to be automatically repealed on 1 October 2015, in accordance with Part 6 of the Legislative Instruments Act 2003 (the LIA).

Legislative Provisions

The ACMA made the 2014 Determination under subsection 183(1) of the Radiocommunications Act 1992 (the Act). Subsection 183(1) provides that the ACMA may, by notice, determine that a specified person or association is an accreditation body for the purposes of section 183. 

The 2014 Determination is a legislative instrument for the purposes of the LIA.

Subsection 33(3) of the Acts Interpretation Act 1901 provides that where an Act confers a power to make a legislative instrument, the power shall be construed to include a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend or vary any such instrument. The 2014 Determination is made under subsection 183(1) of the Act and revokes the 1998 Determination.

Background

The supply to the Australian market of radiocommunications devices is subject to the regulatory regime established under the Act including radiocommunications performance standards made under subsection 162(1) of the Act and the Radiocommunications (Compliance Labelling – Devices) Notice 2014 (the Labelling Notice) made under subsection 182(1) of the Act.  Together, the performance standards and the Labelling Notice ensure that devices supplied and used in Australia comply with Australian laws including permissible electromagnetic emissions, channel width, modulation types and operating frequencies.

The Labelling Notice may specify that certain devices that carry a high risk in relation to non-compliance must be tested. This provides a high degree of certainty regarding the compliance of the equipment with mandatory Australian standards. Section 183 of the Act provides that the ACMA may, by notice in the Gazette, determine that a specified person or association is an accreditation body. The role of an accreditation body includes determining that a specified person is a “recognised testing authority” for the purposes of the regulatory arrangements in relation to the compliance testing and labelling of devices.

 

OperationThe 2014 Determination determines that the National Association of Testing Authorities, Australia (NATA) ABN 59 004 379 748 is an accreditation body for the purposes of section 183 of the Act.

Consultation

Subsection 17(1) of the LIA requires that, before the ACMA makes a legislative instrument, it must be satisfied that any consultation that the ACMA considers is appropriate and reasonably practicable to undertake, has been undertaken.

 

The ACMA has consulted with industry stakeholders and the general public on the making of the 2014 Determination.  Between 16 April 2014 and 6 June 2014, the ACMA conducted a public consultation process on a number of instruments, including the 2014 Determination, that comprise the regulatory arrangements for supply of radiocommunications equipment. A consultation paper which explained the sunsetting (automatic repeal) process and the ACMA’s preliminary view that the existing arrangements should be continued without any significant changes, was made available on the ACMA website. Interested parties were notified of the release of the discussion paper and invited to comment.  No submissions were made on remaking this instrument.


Regulation Impact

The Office of Best Practice Regulation (OBPR) has considered the matter and formed the opinion that making the 2014 Determination is minor or machinery in nature.  Accordingly, OBPR advised that no further analysis (in the form of a Regulation Impact Statement) was required.  The OBPR exemption number is ID 16649.

Statement of compatibility with human rights

Subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011 requires the rule maker in relation to a legislative instrument to which section 42 (disallowance) of the LIA applies to cause a statement of compatibility to be prepared in respect of that legislative instrument.

The following statement has been prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

The 2014 Determination, which determines that the National Association of Testing Authorities, Australia is an accreditation body for the purposes of section 183 of the Radiocommunications Act 1992, is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

The ACMA has considered whether the 2014 Determination engages any applicable human rights or freedoms and has formed the view that it does not. The 2014 Determination is compatible with human rights as it does not raise any human rights issues.

 


Attachment A

Detailed description of the 2014 Determination

 

Section 1 Name of Determination

This section names the 2014 Determination as the Radiocommunications (Accreditation Body) Determination 2014.

Section 2 Commencement

This section provides that the 2014 Determination commences on the later of the day after it is registered on the Federal Register of Legislative Instruments or, the day on which it is published in the Gazette. 

Section 3 Revocation

This section revokes the previous determination, the Radiocommunications (Accreditation Body) Determination 1998 (the 1998 Determination).

 

Section 4   Accreditation Body

This section determines that for the purposes of section 183 of the Act, the National Association of Testing Authorities, Australia ABN 59 004 379 748 is an accreditation body.

 

 

Overview

The Radiocommunications (Accreditation Body) Determination 2014, made by the Australian Communications and Media Authority (ACMA) under the Radiocommunications Act 1992, serves to replace the Radiocommunications (Accreditation Body) Determination 1998, which was set to be automatically repealed on 1 October 2015. This determination maintains the existing regulatory framework without altering the substantive regulatory arrangements established by the 1998 Determination. The primary purpose of this legislation is to ensure the continued operation of the accreditation body system, which is essential for the compliance testing and labelling of radiocommunications devices supplied in Australia. This system, overseen by the ACMA, helps to enforce performance standards and compliance labelling requirements, thus maintaining the integrity and safety of radiocommunications devices within the Australian market. The ACMA undertook public consultation on the remaking of this instrument, ensuring that all relevant stakeholders had the opportunity to provide feedback. Given the nature of the changes, the Office of Best Practice Regulation determined that the impact was minor or machinery in nature, and thus, a detailed Regulation Impact Statement was not required. Furthermore, the ACMA has confirmed that the 2014 Determination is compatible with human rights, as it does not engage any applicable human rights or freedoms. This determination ensures that the regulatory framework remains consistent and effective, supporting the overarching objectives of the Radiocommunications Act 1992.

Scope and Application

The Radiocommunications (Accreditation Body) Determination 2014, made by the Australian Communications and Media Authority (ACMA) under subsection 183(1) of the Radiocommunications Act 1992, designates the National Association of Testing Authorities, Australia (NATA) as an accreditation body responsible for determining recognised testing authorities for compliance testing and labelling of radiocommunications devices supplied in the Australian market. This legislative instrument replaces the 1998 Determination, which was set to be automatically repealed under the Legislative Instruments Act 2003. The 2014 Determination maintains the existing regulatory framework without substantive changes and applies to NATA, which is required to ensure that radiocommunications devices meet Australian standards regarding electromagnetic emissions, channel width, modulation types, and operating frequencies. This determination ensures continuity in the regulatory oversight of radiocommunications devices, maintaining the standards and compliance labelling as stipulated in the Radiocommunications Act 1992 and the Radiocommunications (Compliance Labelling – Devices) Notice 2014.

Key Provisions

The Radiocommunications (Accreditation Body) Determination 2014 (sections 1 to 4) designates the National Association of Testing Authorities, Australia (NATA) as the accreditation body under section 183 of the Radiocommunications Act 1992. NATA, with the Australian Business Number 59 004 379 748, is tasked with the role of determining if specified persons are "recognised testing authorities." This designation is crucial for ensuring that the compliance testing and labelling of radiocommunications devices in Australia adhere to the standards set forth in the Act. Under this Determination, NATA is responsible for accrediting testing authorities that are essential for enforcing the regulatory framework governing radiocommunications devices. This includes ensuring that these testing authorities meet the necessary criteria and standards to conduct compliance testing and labelling for devices supplied in the Australian market. NATA's role extends to ensuring that these devices comply with Australian laws, such as permissible electromagnetic emissions, channel width, modulation types, and operating frequencies. Failure to comply with the regulatory requirements set by the Radiocommunications Act 1992 can result in significant consequences. For individuals or entities found in breach of the Act, penalties may include fines and, in severe cases, imprisonment. The Act provides for civil and criminal penalties for non-compliance, with specific maximum penalties varying depending on the nature and severity of the offence. Additionally, any unauthorised supply of radiocommunications devices that do not meet the required standards can result in enforcement actions by the Australian Communications and Media Authority (ACMA), including the imposition of fines and other regulatory sanctions. The 2014 Determination itself does not introduce any new regulatory requirements but replaces the previous Radiocommunications (Accreditation Body) Determination 1998, ensuring continuity in the regulatory framework. It ensures that NATA continues to function as the accreditation body, maintaining the standards and oversight necessary for the compliance of radiocommunications devices in Australia.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.