Radiocommunications Devices (Compliance Labelling) Amendment Notice 2013 (No. 2)

Overview

The Radiocommunications Devices (Compliance Labelling) Amendment Notice 2013 (No.2) is an amendment to the Radiocommunications Act 1992, introduced to address specific compliance issues related to the labelling of wireless audio transmitters. This Notice was enacted by the Australian Communications and Media Authority (ACMA) and aims to ensure that suppliers of certain radiocommunication devices, specifically wireless audio transmitters, provide clear and compliant labelling to end-users. The amendment was necessitated by the need to inform users about the operational frequency changes and compliance requirements associated with these devices, particularly in the context of their operation within designated frequency bands. The policy objective behind this amendment is to maintain the integrity and efficiency of radiocommunications by ensuring that devices operate within their designated parameters and comply with relevant licensing conditions. The enactment of this amendment by the ACMA is a proactive measure to address potential operational conflicts and non-compliance issues arising from the use of wireless audio transmitters. By mandating specific labelling requirements, the Notice ensures that end-users are adequately informed about the operational limitations and compliance obligations associated with these devices. This, in turn, helps in preventing interference and maintaining the overall performance of the radiocommunications network. The amendment underscores the ACMA's commitment to regulating the radiocommunications sector effectively and ensuring that all devices comply with established standards and licensing conditions.

Scope and Application

The Radiocommunications Devices (Compliance Labelling) Amendment Notice 2013 (No.2) amends the Radiocommunications Devices (Compliance Labelling) Notice 2003 to introduce additional labelling requirements for suppliers of wireless audio transmitters. This notice applies to any person or entity supplying devices such as wireless microphones, in-ear monitoring devices, and wireless musical instrument pickups that operate within the 694-820 MHz frequency range. The notice extends to the entire Commonwealth of Australia and is applicable to all suppliers of specified devices, irrespective of their location within Australia. This amendment does not introduce any exclusions or exemptions from its application. However, it is important to note that the requirements do not apply to devices that do not fall within the specified category of wireless audio transmitters. The notice is subordinate to the Radiocommunications Act 1992, and its provisions are effective from the later of its registration or publication in the Gazette. The notice mandates that suppliers must affix a specific label to the devices supplied, highlighting compliance with the ACMA class licence and warning about frequency restrictions post-December 31, 2014.

Key Provisions

The Radiocommunications Devices (Compliance Labelling) Amendment Notice 2013 (No.2) modifies the Radiocommunications Devices (Compliance Labelling) Notice 2003, as referenced in section 3. The main amendment is the insertion of a new definition for "wireless audio transmitter" (Schedule 1, item 3). This term refers to a low interference potential device that operates within the 694 – 820 MHz frequency range and is mentioned at Item 22A of Schedule 1 to the Radiocommunications (Low Interference Potential Devices) Class Licence 2000. Suppliers of these wireless audio transmitters must ensure that an additional label is affixed to the device at the time of supply (section 9E(1)). This label must include a specific warning statement, which must be in bold type size no less than 5mm high (section 9E(2)). The required statement warns users about the device's compliance conditions, including the frequency bands within which it must be operated (section 9E(2)). The label is considered affixed if it is prominently attached to the container, covering, package, case, box, or other item with which the device is supplied (section 9E(3)). The obligations imposed on suppliers by the Notice are quite specific. They must ensure that a compliance label and an additional warning label are both applied to the wireless audio transmitter at the point of sale. The additional label must prominently display a specified warning message, providing clear instructions about the frequency bands in which the device must operate to remain compliant with the ACMA class licence. Failure to comply with these labelling requirements can result in significant civil or criminal consequences. Under the Radiocommunications Act 1992, breaches of the labelling requirements set out in the Notice can lead to civil penalties. For example, an individual can face a penalty of up to $66,000, while a body corporate can be fined up to $330,000. Additionally, criminal offences can be prosecuted, with potential penalties including fines and imprisonment, depending on the severity of the breach.