Radiocommunications Devices (Compliance Labelling) Amendment Notice 2007 (No. 1)

Administered by Department of Communications and the Arts

Legislation au F2007L03473 Not in force Legislative Instrument

Legislation content

 

EXPLANATORY STATEMENT

 

Issued by the Australian Communications and Media Authority

 

Radiocommunications Devices (Compliance Labelling) Amendment Notice 2007 (No.1)

 

Radiocommunications Act 1992

 

Purpose

 

The Radiocommunications Devices (Compliance Labelling) Amendment Notice 2007 (No.1) made by the Australian Communications and Media Authority (ACMA) under section 182 of the Radiocommunications Act 1992 (the Act) amends the Radiocommunications Devices (Compliance Labelling) Notice 2003 (the Labelling Notice) to incorporate two new standards into the Labelling Notice.

 

Legislative provisions

 

The Australian Communications Authority (ACA) made the Labelling notice in 2003 under section 182 of the Act. That section of the Act provided for the then ACA to make a written instrument, requiring any person who is a supplier (manufacturer or importer) of a device included in a specified class of devices, to apply to the device a label to indicate whether the device meets the requirements of the standards specified in the Notice.

 

In accordance with the Australian Communications and Media Authority (Consequential and Transitional Provisions) Act 2005, ACMA is taken to have made the Labelling Notice under the Act as previously made by the ACA.

 

Background

 

ACMA’s radiocommunications regulatory arrangements require each supplier of a radiocommunications device falling within the scope of an applicable standard to apply a compliance label to the device prior to supply to the market and to keep prescribed records. 

Compliance is determined against technical standards made under section 162 of the Act.  The compliance label indicates that the supplier asserts that the device complies with all applicable standards made under section 162 of the Act that are specified in the Labelling Notice.

The Labelling Notice also specifies the compliance levels that must be followed to demonstrate compliance with the applicable standards for a device.  Compliance levels are established by ACMA in consultation with industry.  They balance a supplier’s requirement to provide evidence of compliance with a standard, against the interference potential of a device covered by that standard

The Labelling Notice is amended from time to time to incorporate changes to the regulatory requirements for radiocommunications devices. This is the first amendment of the Labelling Notice for 2007.

 

Operation

 

This amendment Notice has been made to give effect to two new radiocommunications standards made by ACMA:

  • Radiocommunications (Digital Cordless Communications Devices – DECT Devices) Standard 2007; and
  • Radiocommunications (Digital Cordless Communications Devices – PHS Devices) Standard 2007

by referring to these standards in Schedule 3 of the Labelling Notice as being an applicable standard for the purposes of the labelling of devices. 

This amendment also applies a compliance level of 2 to these standards.  This compliance level applies to radiocommunications devices whose non-compliance with an applicable standard would have a moderate interference impact on other devices. 

Compliance level 2 requires suppliers to prepare a description of the device, declare conformity with the applicable standards and obtain reasonable written evidence that the device complies with the standard, before applying a compliance label.

 

Consultation

 

Public consultation for the inclusion of these new standards in ACMA’s regulatory regime as given effect by the amendment to the Labelling Notice  was conducted by ACMA and Communications Alliance Ltd[1] as summarised below. 

A draft version of the Radiocommunications (Digital Cordless Communications Devices – DECT Devices) Standard 2007 was widely circulated for public comment over an 80 day period by Communications Alliance Ltd on behalf of ACMA. Only one comment was received concerning procedural issues. No other comments were received.

ACMA also widely circulated a draft version of the Radiocommunications (Digital Cordless Communications Devices – PHS Devices) Standard 2007 for public comment over a 33 day period. Four responses were received of which two expressed the desire to offer no comment on the proposed standard and two expressed support for the proposed standard.

Persons consulted regarding these amendments to ACMA’s radiocommunications regulatory arrangements include representatives from the communications industry, telecommunications carriers, user groups, test houses, manufacturers and importers.  Aspects of the inclusion of the DECT standard were additionally promoted through an advertisement in a national newspaper, an electronic public mail based facility dedicated to communications and through Standards Australia.

 

Regulation Impact

 

ACMA's Best Practice Regulation Coordinator has advised that a full Business Cost Calculator analysis and Regulation Impact Statement are not required (RIS Reference No. 016) as the proposed amendments are minor and machinery in nature and do not substantially alter existing arrangements.

Grandfathering provisions in both the new radiocommunications standards allow for the continued supply of device models that complied with the previous applicable standard, thus minimising the impact of the change on industry and users.

 

Detailed description of this Instrument

 

Details of the Notice are in Attachment 1.


Attachment 1

 

Notes on the Instrument

 

Section 1 – Name of the Notice

This section provides for the name of the Notice

 

Section 2 – Commencement

This section provides that the Notice commences on the date after it is registered.

 

Section 3 – Amendment of Radiocommunications Devices (Compliance Labelling) Notice 2003

This section provides that Schedule 1 amends the Labelling Notice.

 

Schedule 1 – Amendment

Schedule 1 lists the amendments to the Labelling Notice.

Schedule 3 of the Labelling Notice contains the section 162 standards incorporated into the Labelling Notice and which must be complied with before applying a compliance label.

Item [1] Inserts the following new standards into Schedule 3:

  • Radiocommunications (Digital Cordless Communications Devices – DECT Devices) Standard 2007; and
  • Radiocommunications (Digital Cordless Communications Devices – PHS Devices) Standard 2007

This item also applies a compliance level of 2 to the new standards.

[1] Communications Alliance Ltd is an industry owned, operated and resourced company established in 2006 by the merger of the Australian Communications Industry Forum and the Service Providers Association Inc. 

Overview

The Radiocommunications Devices (Compliance Labelling) Amendment Notice 2007 (No.1) was enacted by the Australian Communications and Media Authority (ACMA) under the Radiocommunications Act 1992 to address the need for updating the regulatory requirements for radiocommunications devices, specifically incorporating new technical standards. This amendment was necessary to ensure that suppliers of digital cordless communication devices, such as DECT and PHS devices, comply with the most current standards before they are supplied to the market. The ACMA was mandated to make this amendment to maintain the integrity of the regulatory framework governing radiocommunications devices, ensuring that these devices operate without causing undue interference to other devices. The policy objective behind this amendment is to streamline the compliance process for device suppliers while ensuring that the devices meet the necessary technical standards to function effectively within the radiocommunications environment.

Scope and Application

The Radiocommunications Devices (Compliance Labelling) Amendment Notice 2007 (No.1) applies to suppliers, including manufacturers and importers, of radiocommunications devices within Australia. The amendment notice serves to incorporate two new standards into the Radiocommunications Devices (Compliance Labelling) Notice 2003, made by the Australian Communications and Media Authority (ACMA) under the Radiocommunications Act 1992. This amendment Notice specifically refers to the Radiocommunications (Digital Cordless Communications Devices – DECT Devices) Standard 2007 and the Radiocommunications (Digital Cordless Communications Devices – PHS Devices) Standard 2007, which must be adhered to for compliance labelling purposes. The amendment imposes a compliance level of 2 on these standards, which requires suppliers to provide a description of the device, declare conformity with the applicable standards, and obtain reasonable written evidence of compliance before applying a compliance label. This regulatory measure ensures that the devices meet specified technical standards, thereby minimising potential interference with other radiocommunications devices. The amendment Notice extends to the entire jurisdiction of Australia and does not include any specific exclusions or exemptions.

Key Provisions

The main operative sections of the Radiocommunications Devices (Compliance Labelling) Amendment Notice 2007 (No.1) (the Notice) involve the incorporation of two new standards into the Radiocommunications Devices (Compliance Labelling) Notice 2003 (the Labelling Notice). Specifically, the Notice introduces the Radiocommunications (Digital Cordless Communications Devices – DECT Devices) Standard 2007 and the Radiocommunications (Digital Cordless Communications Devices – PHS Devices) Standard 2007. It also specifies that these new standards must adhere to compliance level 2 (section 3(1), Schedule 1). This amendment requires suppliers of these devices to apply a compliance label, assert conformity, and obtain reasonable evidence of compliance before supplying the devices to the market (section 182 of the Radiocommunications Act 1992). The obligations and requirements imposed by the Notice mandate that suppliers of digital cordless communication devices, specifically DECT and PHS devices, apply a compliance label to their products. This label must indicate that the device meets all applicable standards specified in the Labelling Notice. Additionally, suppliers must prepare a description of the device, declare conformity with the standards, and obtain written evidence that the device complies with the standards before applying the compliance label (section 182 of the Radiocommunications Act 1992). These requirements ensure that the devices do not interfere with other radiocommunications devices and maintain a moderate interference impact on other devices. The Notice does not explicitly state any specific offences, penalties, or consequences for breach. However, non-compliance with the labelling requirements and applicable standards may result in enforcement actions by the Australian Communications and Media Authority (ACMA). Such actions could include legal proceedings, fines, or other penalties as outlined in the Radiocommunications Act 1992. The maximum penalties for non-compliance with the Act can vary, but they may include substantial fines and potential criminal charges for serious breaches. The exact penalties would depend on the specific circumstances and the nature of the non-compliance.

Legal classification tags

Area of Law
Technology Law
Instrument
Notice
Concepts
Definitions & Interpretation
Compliance Obligations
Regulatory Standards

Interactions

Authorises

All Versions

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.