Radiocommunications (Cordless Communications Devices) Class Licence 2024

Radiocommunications (Cordless Communications Devices) Class Licence 2024

made under section 132 of the

Radiocommunications Act 1992

Compilation No.  1

Compilation date:   27 September 2024

Includes amendments: F2024L01215

Prepared by the Australian Communications and Media Authority, Melbourne

About this compilation

This compilation

This is a compilation of the Radiocommunications (Cordless Communications Devices) Class Licence 2024 that shows the text of the law as amended and in force on 27 September 2024 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Part 1 Preliminary

1  Name

  This is the Radiocommunications (Cordless Communications Devices) Class Licence 2024.

3  Authority

  This instrument is made under section 132 of the Radiocommunications Act 1992.

5  Interpretation

 (1) In this instrument, unless the contrary intention appears:

ARPANSA standard means:

 (a) the Radiation Protection Standard for Limiting Exposure to Radiofrequency Fields – 100 kHz to 300 GHz (2021), published by the Australian Radiation Protection and Nuclear Safety Agency; or

 (b) if a later standard is published by the Australian Radiation Protection and Nuclear Safety Agency as a replacement of that standard – the later standard.

Note: The ARPANSA standard is available, free of charge, from the website of the Australian Radiation Protection and Nuclear Safety Agency at www.arpansa.gov.au.

cordless communications device means any of the following:

 (a) a land station or handset that operates on a frequency in one of the following frequency bands:

 (i) 1.7175 MHz to 1.7925 MHz;

 (ii) 30.0625 MHz to 30.3125 MHz;

 (iii) 39.7625 MHz to 40.25 MHz;

 (b) a radiocommunications device that both:

 (i)  uses Digital Enhanced Cordless Telecommunications technology; and

 (ii) operates in a frequency between 1880 MHz and 1900 MHz.

ETSI EN 301 406 means the most recently published version of ETSI EN 301 406 ‘Digital Enhanced Cordless Telecommunications (DECT); Harmonised Standard for access to radio spectrum’, published by the European Telecommunications Standards Institute.

Note 1: ETSI EN 301 406 is available, free of charge, from the website of the European Telecommunications Standards Institute at www.etsi.org.

Note 2: At the time this instrument was made, the most recently published version of ETSI EN 301 406 consisted of two parts (Part 1 and Part 2).

group of cordless communications devices means 2 or more cordless communications devices transmitting simultaneously on the same frequency.

handset means a handset that is part of a cordless telephone service.

Note 1: A number of other expressions used in this instrument are defined in the Act, including the following:

(a) frequency band;

(b) operate;

(c) radiocommunications device.

Note 2: Other expressions used in this instrument may be defined in a determination made under subsection 64(1) of the Australian Communications and Media Authority Act 2005, that applies to this instrument, including:

(a) Act;

(d) cordless telephone service;

(e) EIRP;

(f) land station.

 (2) In this instrument, unless the contrary intention appears, a reference to a part of the spectrum or frequency band includes all frequencies that are greater than but not including the lower frequency, up to and including the higher frequency.

 (3) Unless the contrary intention appears, no condition in Part 3 limits any other condition in Part 3.

6  References to other instruments

  In this instrument, unless the contrary intention appears:

 (a) a reference to any other legislative instrument is a reference to that other legislative instrument as in force from time to time; and

 (b) a reference to any other kind of instrument or writing is a reference to that other instrument or writing as in force, or existing, from time to time.

Note 1: For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.

Note 2: All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.

Note 3: See section 314A of the Act.

Part 2 Class licence

7  Class licence

  This instrument authorises a person to operate a cordless communications device, subject to the conditions in Part 3.

Part 3 Conditions

9  Operation – power level

  A person must not operate a cordless communications device that is mentioned in column 1 of the following table at a level of EIRP that exceeds the maximum EIRP mentioned in column 2.

10  Operation – compliance with ARPANSA standard

  A person must not operate a cordless communications device, or a group of cordless communications devices, if the electromagnetic energy emitted by the device, or by the group, exceeds the general public exposure limits specified in the ARPANSA standard in a place accessible by the public.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history