Radiocommunications Devices (Compliance Labelling - Incidental Emissions)
Notice (Amendment) 1997 No. 29
EXPLANATORY STATEMENT
Statutory Rules 1997 No. 29
Issued by the authority of the Spectrum Management Agency ('SMA')
Radiocommunications Devices (Compliance Labelling - Incidental Emissions) Notice (Amendment)
Radiocommunications Act 1992
Legislative Provisions
Under s. 182(1)(a) of the Radiocommunications Act 1992 ('the Act') the SMA may, by notice published in the Gazette, require the manufacturers and importers of devices to affix a label to each device that indicates whether the device meets the requirements of standards specified in the notice.
The standards referred to in s.182(1)(a) are standards made by the SMA under s.162 of the Act.
Background
The Radiocommunications Devices (Compliance Labelling - Incidental Emissions) Notice, Statutory Rules 1996 No. 294 ('the notice') was made under s.182(1) of the Act. The Notice applies a labelling requirement to a large range of devices covered by SMA standards and specifies requirements which must be met before the label can be affixed. After the label has been affixed there are also requirements which must be met which relate to the retention and production of records.
The Radiocommunications Devices (Compliance Labelling - Incidental Emissions) Notice (Amendment) was made on 24 February 1997 and amends the notice in the following respects:
a) Clause 6 of the notice sets out the form of the label for the purposes of s.182(2) of the Act, and prescribes information which must be included in a label for the indentification of the manufacturer or importer. The notice has been amended to provide an additional form of identification which can be included in the label to identify the manufacturer or importer of the device.
b) Clause 8 of the notice provides that Part 3 of the notice, which sets out the requirements which must be met before a device may be labelled, does not apply to variants of devices where the variant has less potential to cause interference than the device upon which it is based. The notice has been amended to also exempt variants of devices from the requirements of Part 3 of the notice, if the variant has the same radio frequency emission characteristics as the device upon which it was based.
Overview
The Radiocommunications Devices (Compliance Labelling - Incidental Emissions) Notice (Amendment) 1997 No. 29 was enacted by the Spectrum Management Agency (SMA) under the authority granted by the Radiocommunications Act 1992. This legislative instrument addresses the need for more flexible and precise labelling requirements for radiocommunications devices to better manage potential interference caused by incidental emissions. The original notice, Statutory Rules 1996 No. 294, already imposed labelling requirements on a wide range of devices, stipulating specific conditions for affixing labels and the retention of related records. The 1997 amendment enhances these requirements by allowing for an additional form of identification on the label to better identify manufacturers or importers and by exempting certain device variants from stringent pre-labelling requirements if they exhibit similar radio frequency emission characteristics to their base models and thus pose less risk of interference. The policy objective of these amendments is to streamline compliance while maintaining effective spectrum management and consumer protection.
Scope and Application
The Radiocommunications Devices (Compliance Labelling - Incidental Emissions) Notice (Amendment) 1997 No. 29 applies to the manufacturers and importers of radiocommunications devices within Australia. This amendment notice modifies the original Radiocommunications Devices (Compliance Labelling - Incidental Emissions) Notice, Statutory Rules 1996 No. 294, to update the labelling requirements for devices that emit incidental radio frequency emissions. The amendment requires these entities to affix labels on devices indicating compliance with specific standards set by the Spectrum Management Agency (SMA). This Act operates under the legislative framework of the Radiocommunications Act 1992, specifically utilising the SMA's authority to mandate labelling and compliance standards to ensure devices do not cause undue radio interference. The notice extends its application to any device that emits radio frequency emissions, ensuring these devices comply with the stipulated standards to avoid potential interference with other communications. The amendment includes modifications to the form of the label and exemptions for certain device variants that have lower potential for interference or identical emission characteristics to their base models.
Key Provisions
The main operative sections of the Radiocommunications Devices (Compliance Labelling - Incidental Emissions) Notice (Amendment) 1997 No. 29 amend the original notice by introducing new provisions under the Radiocommunications Act 1992. Specifically, clause 6 of the notice now includes an additional form of identification for the manufacturer or importer, which must be included on the label affixed to each device. This addition aims to enhance traceability and accountability for the manufacturers and importers of radiocommunications devices (section 182(2)). Additionally, clause 8 of the notice has been amended to exempt certain device variants from the labelling requirements outlined in Part 3 of the notice, provided that these variants have less potential to cause interference or share the same radio frequency emission characteristics as the original device (section 182(1)(a)).
Under the amended notice, manufacturers and importers of radiocommunications devices must ensure that each device is affixed with a label that includes the newly prescribed form of identification for the manufacturer or importer. This requirement is intended to provide greater clarity and transparency regarding the origin and compliance status of each device. Furthermore, if a device variant has less potential to cause interference or shares the same radio frequency emission characteristics as the base device, it is exempt from the requirements of Part 3 of the notice. Manufacturers and importers must carefully assess and document these characteristics to determine whether a variant qualifies for exemption.
Failure to comply with the labelling requirements as specified in the amended notice may result in significant consequences. Breaches of these requirements can lead to enforcement actions by the Spectrum Management Agency (SMA). The Act does not explicitly outline specific offences or penalties for non-compliance in this context, but the SMA has the authority to take appropriate measures to ensure adherence to the notice. These measures may include fines, legal action, or other regulatory sanctions. The severity of the consequences will depend on the nature and extent of the non-compliance, as well as any previous history of violations. It is imperative for manufacturers and importers to understand and adhere to the requirements set forth in the notice to avoid potential penalties and maintain compliance with Australian radiocommunications regulations.