Radiocommunications Devices (Compliance Labelling) Amendment Notice No. 1 of 2008

Administered by Department of Communications and the Arts

Legislation au F2008L02156 Not in force Legislative Instrument

Legislation content

 

EXPLANATORY STATEMENT

 

Issued by the Australian Communications and Media Authority

 

Radiocommunications Devices (Compliance Labelling) Amendment Notice No. 1 of 2008


Purpose

 

The Radiocommunications Devices (Compliance Labelling) Amendment Notice No. 1 of 2008 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 replace two standards in the Labelling Notice with new versions.  The replaced versions are outdated.


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 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 2008.

Operation

 

This amendment Notice has been made to apply labelling requirements in relation to two new radiocommunications standards made by ACMA:

  • Radiocommunications (HF CB and Handphone Equipment) Standard 2008; and
  • Radiocommunications (Devices Used in the Inshore Boating Radio Services Band) Standard 2008

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.  The amendment also removes reference to the 1996 versions of these standards.

This amendment also applies a compliance level of 3 to these standards which is consistent with that applied to the replaced standards.  This compliance level applies to radiocommunications devices whose non-compliance with an applicable standard would have a high interference impact on other devices. 

Compliance level 3 requires suppliers to prepare a description of the device, declare conformity with applicable standards and obtain a test report from an accredited test house showing that the device complies with the standard, before applying a compliance label.  An accredited test house is one accredited by the National Association of Testing Authorities (NATA) or by a test house accreditation body that holds a mutual recognition agreement with NATA.

Consultation

 

Consultation for the inclusion of these new standards in ACMA’s compliance labelling regime as given effect by this amendment to the Labelling Notice was conducted by ACMA as summarised below.

A draft version of each of the Radiocommunications (HF CB and Handphone Equipment) Standard 2008 and the Radiocommunications (Devices Used in the Inshore Boating Radio Services Band) Standard 2008 were widely circulated for public comment over a 29 day period. Two comments were received in support of the proposal. No other comments were received.

Persons consulted regarding these amendments to ACMA’s radiocommunications regulatory arrangements included the New Zealand Ministry of Economic Development, the National Association of Testing Authorities, design & engineering consultants, regulatory compliance consultants, manufacturers & importers, peak associations of manufacturers & importers, Standards Australia Limited and test houses.

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. 023) 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 the Attachment.


Attachment

 

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 day 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.

Items [1] and [2] replace the following outdated standards in Schedule 3:

  • Radiocommunications Standard (Radiocommunications Devices Used in the Inshore Boating Radio Services Band) No. 1 of 1996
  • Radiocommunications Standard (HF CB and Handphone Radio Transmitters) No. 1 of 1996

with the following new standards:

  • Radiocommunications (Devices Used in the Inshore Boating Radio Services Band) Standard 2008
  • Radiocommunications (HF CB and Handphone Equipment) Standard 2008

 

Overview

The Radiocommunications Devices (Compliance Labelling) Amendment Notice No. 1 of 2008, issued by the Australian Communications and Media Authority (ACMA) under section 182 of the Radiocommunications Act 1992, aims to update the Radiocommunications Devices (Compliance Labelling) Notice 2003 to reflect current regulatory standards. This amendment addresses the issue of outdated standards in the Labelling Notice by replacing them with new, relevant standards that ensure compliance with the current requirements for radiocommunications devices. The policy objective of the amendment is to maintain the integrity of the compliance labelling regime, ensuring that devices supplied to the market meet the necessary standards to prevent interference with other devices. The amendment includes the new Radiocommunications (HF CB and Handphone Equipment) Standard 2008 and the Radiocommunications (Devices Used in the Inshore Boating Radio Services Band) Standard 2008, while removing references to the outdated 1996 versions. This update ensures that suppliers adhere to the most current regulatory requirements, thereby supporting effective communication and reducing potential interference in the market.

Scope and Application

The Radiocommunications Devices (Compliance Labelling) Amendment Notice No. 1 of 2008, issued by the Australian Communications and Media Authority (ACMA) under section 182 of the Radiocommunications Act 1992, amends the Radiocommunications Devices (Compliance Labelling) Notice 2003 to update labelling requirements for certain radiocommunications devices. This amendment applies to suppliers, including manufacturers and importers, of devices that fall under specified standards within the Act. The amendment is designed to ensure that devices comply with the latest regulatory standards, which are critical to maintaining the integrity of the radiocommunications spectrum and preventing interference. The amendment replaces outdated standards with new 2008 versions, ensuring that suppliers are adhering to current regulatory expectations. The Notice applies across the Commonwealth, reflecting the national scope of radiocommunications regulation in Australia. The amendment introduces new standards for radiocommunications devices used in specific services, such as high-frequency citizen band (HF CB) and handphone equipment, as well as devices used in the inshore boating radio services band. It mandates that these devices must bear a compliance label indicating adherence to the relevant standards, with a compliance level of 3, requiring suppliers to provide detailed evidence of conformity. This amendment does not create new obligations outside of those specified in the Radiocommunications Act 1992 but ensures that the standards applied are current and reflective of contemporary technological and regulatory developments. The amendment also includes grandfathering provisions to mitigate the impact on industry and users by allowing the continued supply of devices that complied with the previous standards.

Key Provisions

The Radiocommunications Devices (Compliance Labelling) Amendment Notice No. 1 of 2008 (Notice) amends the Radiocommunications Devices (Compliance Labelling) Notice 2003 (Labelling Notice) to update the standards referenced in the Labelling Notice with the 2008 versions of the relevant standards. The Notice is made under section 182 of the Radiocommunications Act 1992 (Act) and applies to suppliers of radiocommunications devices who must label their devices to indicate compliance with relevant standards. Specifically, Schedule 3 of the Labelling Notice is amended to replace the outdated Radiocommunications Standard (Radiocommunications Devices Used in the Inshore Boating Radio Services Band) No. 1 of 1996 and Radiocommunications Standard (HF CB and Handphone Radio Transmitters) No. 1 of 1996 with the new Radiocommunications (Devices Used in the Inshore Boating Radio Services Band) Standard 2008 and Radiocommunications (HF CB and Handphone Equipment) Standard 2008. The Notice also introduces a compliance level of 3 for these new standards, requiring suppliers to declare conformity, obtain a test report from an accredited test house, and provide a description of the device before applying a compliance label. The Notice imposes obligations on suppliers of radiocommunications devices to ensure that their devices comply with the relevant standards and to apply the appropriate compliance label as specified in the Labelling Notice. Suppliers must submit their devices to testing by an accredited test house to obtain a test report confirming compliance. They must also prepare a description of the device and declare conformity with the applicable standards. The Notice requires suppliers to keep records of compliance for each device supplied to the market. The amended Labelling Notice specifies the compliance levels that must be followed to demonstrate compliance with the applicable standards. Breaches of the requirements under the Labelling Notice may result in civil or criminal consequences. Under the Act, failure to comply with the labelling requirements may result in penalties. The maximum penalty for a civil penalty offence is $22,200 for individuals and $111,000 for bodies corporate. Criminal penalties may also apply, with a maximum penalty of $55,000 for individuals and $275,000 for bodies corporate. These penalties reflect the seriousness of non-compliance with radiocommunications regulatory requirements, which are in place to ensure that devices operate safely and without causing interference to other communications services. The Notice does not substantially alter existing arrangements and is considered minor and machinery in nature. The introduction of the new standards and the associated compliance levels are intended to ensure that radiocommunications devices continue to operate within the regulatory framework, maintaining safety and minimising interference. The amendment to the Labelling Notice ensures that suppliers have access to the most current standards and can demonstrate compliance with these standards through the appropriate labelling and record-keeping processes. The grandfathering provisions in the new standards allow for the continued supply of device models that complied with the previous standards, minimising disruption to industry and users.

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