Radiocommunications (Compliance Labelling — Electromagnetic Radiation) Amendment Notice 2006 (No. 1)

Overview

The Radiocommunications (Compliance Labelling – Electromagnetic Radiation) Amendment Notice 2006 (No. 1) was introduced to correct an error in the Radiocommunications (Compliance Labelling – Electromagnetic Radiation) Notice 2003, which was made under section 182 of the Radiocommunications Act 1992. The primary objective of the 2003 Notice was to ensure that manufacturers and importers of portable radio transmitters, including cellular mobile telephones and cordless phones, maintain records demonstrating compliance with electromagnetic radiation exposure standards and affix compliance labels to these devices. However, it was identified that the term 'accredited testing authority' in paragraph 15(b) of the Notice should correctly read 'accredited testing body' as defined in clause 4 of the Notice. This amendment was enacted without the need for consultation as it was deemed minor and did not substantially alter existing arrangements. The Australian Communications and Media Authority, as the relevant body, was satisfied with the necessity of this amendment to rectify the error.

Scope and Application

The Radiocommunications (Compliance Labelling – Electromagnetic Radiation) Amendment Notice 2006 (No. 1) amends the Radiocommunications (Compliance Labelling – Electromagnetic Radiation) Notice 2003, which operates under the legislative framework of the Radiocommunications Act 1992. The Act applies to manufacturers and importers of portable radio transmitters, such as cellular mobile telephones and cordless phones, requiring them to maintain records of compliance with electromagnetic radiation exposure standards and to affix a compliance label to these devices. The Amendment Notice rectifies a terminological error in the original Notice by replacing the incorrect term 'accredited testing authority' with the correct term 'accredited testing body' as defined in clause 4 of the Notice. This amendment ensures that the regulatory requirements are accurately reflected and enforced. The Notice applies nationally and is confined to the specific correction of the Notice, without any broader impact on existing compliance arrangements. The Amendment Notice itself is of a minor nature, correcting a specific terminology issue without introducing substantial changes to the existing regulatory framework. The Australian Communications and Media Authority, recognising the minor nature of the amendment, deemed consultation unnecessary. The Amendment Notice does not extend the geographic or jurisdictional reach beyond what is stipulated in the original Radiocommunications Act 1992 and does not introduce any new exclusions, exemptions, or thresholds. Any further application or extension of these provisions through subordinate instruments would need to adhere to the primary legislative intent and existing jurisdictional boundaries.

Key Provisions

The Radiocommunications (Compliance Labelling – Electromagnetic Radiation) Amendment Notice 2006 (No. 1) amends the Radiocommunications (Compliance Labelling – Electromagnetic Radiation) Notice 2003. The main operative section is Section 3 of the Amendment Notice, which amends the 2003 Notice to correct an error in terminology (Schedule 1). Specifically, the Amendment Notice changes the phrase "accredited testing authority" to "accredited testing body" in paragraph 15(b) of the 2003 Notice. This alteration ensures that the correct term, as defined in clause 4 of the 2003 Notice, is used. This amendment imposes specific obligations on manufacturers and importers of portable radio transmitters, such as cellular mobile telephones and cordless phones. These entities must now ensure that they establish records for their products to demonstrate compliance with an electromagnetic radiation exposure standard, as required by the 2003 Notice. Additionally, they are mandated to attach a compliance label to these devices, verifying that they meet the specified standards. The correction in terminology in the Amendment Notice does not alter the substantive requirements but ensures clarity and precision in the regulatory framework. The Radiocommunications Act 1992 does not explicitly outline specific offences, penalties, or consequences for breaches of the 2003 Notice as amended by the 2006 Amendment Notice. However, non-compliance with the requirements of the Notice could potentially lead to regulatory action under the broader provisions of the Radiocommunications Act. Such action might include fines, orders to cease non-compliant activities, or other administrative penalties imposed by the Australian Communications and Media Authority. The precise consequences would depend on the nature and severity of the breach, as well as the specific provisions of the Act applicable to the circumstances.