Radiocommunications Devices (Compliance Labelling) Amendment Notice 2004 (No. 1)
The AUSTRALIAN COMMUNICATIONS AUTHORITY makes this Notice under section 182 of the Radiocommunications Act 1992.
Dated 25 August 2004
R HORTON
Chair
A HORSLEY
Deputy Chair
Australian Communications Authority
1 Name of Notice
This Notice is the Radiocommunications Devices (Compliance Labelling) Amendment Notice 2004 (No. 1).
2 Commencement
This Notice commences on the date of its notification in the Gazette.
3 Amendment of Radiocommunications Devices (Compliance Labelling) Notice 2003
Schedule 1 amends the Radiocommunications Devices (Compliance Labelling) Notice 2003.
Schedule 1 Amendment
(section 3)
[1] Schedule 3
substitute
Schedule 3 Applicable standards and compliance levels
(subsection 4 (1), definition of applicable standard)
Item | Applicable standard | Compliance Level |
1 | Radiocommunications Standard (Analogue Speech (Angle Modulated) Equipment) No. 1 of 1995 | 3 |
2 | Radiocommunications Standard (Radiocommunications Devices Used in the Inshore Boating Radio Services Band) No. 1 of 1996 | 3 |
3 | Radiocommunications Standard (HF CB and Handphone Radio Transmitters) No. 1 of 1996 | 3 |
4 | Radiocommunications Standard (406 MHz Satellite Distress Beacons) No. 1 of 1996 | 3 |
5 | Radiocommunications Standard (Cordless Telephone) No. 1 of 1997 | 1 |
6 | Radiocommunications (118MHz to 137MHz Amplitude Modulated Equipment — Aeronautical Radio Service) Standard 2002 | 3 |
7 | Radiocommunications (MF and HF Radiotelephone Equipment — International Maritime Mobile Service) Standard 2002 | 3 |
8 | Radiocommunications (Paging Service Equipment) Standard 2002 | 3 |
9 | Radiocommunications (121.5 MHz and 243.0 MHz Emergency Position Indicating Radio Beacons) Standard 2003 | 3 |
10 | Radiocommunications (MF and HF equipment — Land Mobile Service) Standard 2003 | 3 |
11 | Radiocommunications (Data Transmission Equipment Using Spread Spectrum Modulation Techniques) Standard 2003 | 2 |
12 | Radiocommunications (Short Range Devices) Standard 2004 | 1 |
13 | Radiocommunications (UHF CB Radio Equipment) Standard 2004 | 3 |
14 | Radiocommunications (VHF Radiotelephone Equipment — Maritime Mobile Service) Standard 2004 | 3 |
Overview
The Radiocommunications Devices (Compliance Labelling) Amendment Notice 2004 (No. 1), issued by the Australian Communications Authority under section 182 of the Radiocommunications Act 1992, aims to update and refine the compliance labelling requirements for various radiocommunications devices. This legislative instrument was introduced to ensure that devices meet the necessary standards for electromagnetic compatibility and interference prevention, thus maintaining the integrity and safety of radiocommunications. The Notice seeks to amend the Radiocommunications Devices (Compliance Labelling) Notice 2003, adjusting the applicable standards and compliance levels for different types of radiocommunications equipment, such as analogue speech equipment, inshore boating radio services, and emergency beacons.
This amendment responds to the need for up-to-date standards that reflect technological advancements and ensure that all devices comply with the latest regulatory requirements. The policy objective is to promote efficient and safe use of the radio spectrum while fostering innovation in radiocommunications technology. The Notice took effect on the date of its notification in the Gazette, ensuring that all stakeholders are promptly informed of the changes and can adjust their practices accordingly.
Scope and Application
The Radiocommunications Devices (Compliance Labelling) Amendment Notice 2004 (No. 1) applies to entities and individuals involved in the manufacture, importation, sale, or supply of radiocommunications devices in Australia. It is designed to ensure these devices comply with the stipulated standards set forth in the Radiocommunications Act 1992. This Notice amends the Radiocommunications Devices (Compliance Labelling) Notice 2003 by updating the applicable standards and compliance levels that these devices must meet. The Notice has a nationwide jurisdictional reach, applying across all states and territories in Australia, and it comes into effect on the date of its notification in the Gazette. It does not explicitly state any exclusions or exemptions, but the application is limited to radiocommunications devices as defined by the Act. The scope of the Notice is extended through the subordinate instrument, the Radiocommunications Devices (Compliance Labelling) Notice 2003, which is amended by this Notice to incorporate the latest standards and compliance levels necessary for the regulation of radiocommunications devices in Australia.
Key Provisions
The Radiocommunications Devices (Compliance Labelling) Amendment Notice 2004 (No. 1) amends the Radiocommunications Devices (Compliance Labelling) Notice 2003, setting out updated standards and compliance levels for various radiocommunications devices. The main operative sections of this Notice include section 3, which outlines the amendment to the applicable standards and compliance levels. The updated standards listed in Schedule 3 now cover a range of devices, such as analogue speech equipment, inshore boating radio services, HF CB and handphone radio transmitters, and satellite distress beacons, among others. These standards are specified with a corresponding compliance level, ranging from 1 to 3, indicating the level of compliance required.
The Notice imposes specific obligations on the parties involved, including manufacturers, importers, and suppliers of radiocommunications devices. These parties must ensure that the devices they supply comply with the applicable standards and display the appropriate compliance labels as outlined in the Notice. Compliance labels must be affixed to the devices, and the labels must meet the specific requirements stipulated in the updated standards. Failure to comply with these obligations could result in legal consequences.
In terms of penalties and consequences for non-compliance, the Radiocommunications Act 1992 provides for various offences and penalties. While the specific penalties are not outlined in this Notice, the Act allows for fines and potential criminal charges for individuals and corporations found guilty of non-compliance. The maximum penalties for offences under the Act can include substantial fines for corporations and lesser penalties for individuals, depending on the severity of the offence and the specific provisions of the Act. Furthermore, the Australian Communications Authority has the power to take enforcement actions, such as issuing infringement notices or pursuing legal action, to ensure compliance with the Act and its associated notices.