Radiocommunications (Electromagnetic Radiation — Human Exposure) Amendment Standard 2007 (No. 1)

Administered by Department of Communications and the Arts

Legislation au F2007L00812 Not in force Legislative Instrument

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Australian Communications and Media Authority

 

EXPLANATORY STATEMENT

Radiocommunications (Electromagnetic Radiation – Human Exposure) Amendment Standard 2007 (No. 1)

Radiocommunications Act 1992

 

Introduction

This explanatory statement is made by the Australian Communications and Media Authority (ACMA) in relation to the Radiocommunications (Electromagnetic Radiation – Human Exposure) Amendment Standard 2007 (No. 1) (“the Amendment Standard’). 

The Amendment Standard modifies the Radiocommunications (Electromagnetic Radiation –Human Exposure) Standard 2003 (“the EMR Standard”) to adopt the test methodology, known as EN 62209-1, to be used in the health exposure assessment of mobile/cordless phones; and also recognise the calculated methods (i.e. use of mathematical formulae) of Australian Standard AS 2772.2 in the health exposure assessment of radio devices designed to operate more than 20 cm from the human body.

 

Background

Under section 162 of the Radiocommunications Act 1992 (‘the Act’) the Australian Communications and Media Authority (ACMA) has powers to make standards for radio transmitters so as to protect the health and safety of people who operate, work on, use, or are reasonably likely to be affected by the operation of such devices.  Under these powers, ACMA introduced in March 2003 the EMR Standard that requires a wide range of mobile and portable transmitter devices, such as cellular and cordless phones, to comply with a safe radiofrequency electromagnetic radiation (EMR) exposure limit.  ACMA’s EMR Standard is based on exposure limits set by the Australian Radiation Protection and Nuclear Safety Agency[1] (ARPANSA).  ARPANSA is a Commonwealth Government agency under the Health and Ageing Portfolio responsible for radiation research and protection.

 

The EMR Standard also specifies measurement methods to be used in testing particular transmitter types against mandated exposure limits.  For devices intended to be used against the human ear, such as a mobile phone, the measurement method for testing against the exposure limits is detailed in either the document known by reference         EN 50361[2] or Schedule 2 of the EMR Standard.  These methods ensure consistency in the measurement technique by specifying the position of the mobile phone against the human head, parameters of the head tissue, characteristics of the measurement instrument and other relevant matters.  EN 50361 is a European Union measurement method whilst Schedule 2 of the EMR Standard is almost identical to the methods approved by the Federal Communications Commission, the United States (US) government agency responsible for telecommunications regulation.  Recognition of both the EU and US measurement methods was necessary because no equivalent international based standard was available at the time.  The International Electrotechnical Commission (IEC) has since published, in February 2005, measurement standard IEC 62209-1[3] for hand-held devices used in close proximity to the human ear.  Since the publication of IEC 62209-1, the European Union has adopted this standard which it has renamed EN 62209-1, and the US is moving to recognise the standard.  Recognition of EN 62209-1 in the EMR Standard would align Australia with international developments as global mobile phone manufacturers are now using this test method.  

 

For radio devices designed for use at more than a 20 cm distance from the human body, such as a wireless local area network (WLAN) transmitter installed in a desk top computer, the measurement method for assessing these devices is contained in the document known by reference AS 2772.2[4].  This document facilitates either a measured (i.e. use of measurement instrument) and, in certain circumstances, a calculated (i.e. use of mathematical formulae) approach in the assessment of devices.  Currently the EMR Standard restricts application of AS 2772.2 to a measurement approach.  Because AS 2772.2 allows for a calculated approach, and as many countries permit this type of assessment, recognition of calculated assessments would align Australia with other countries.  Industry regulatory costs would also be reduced as calculated assessments are more cost effective compared to measurements.

 

 

NOTES ON THE DRAFT INSTRUMENT

 

Section 1      Name of Standard

Section 1 provides that the Amendment is to be cited as the Radiocommunications (Electromagnetic Radiation — Human Exposure) Amendment Standard 2007 (No. 1).

 

Section 2      Commencement

Section 2 sets the commencement date for the Amendment to be 1 April 2007.

 

Section 3     Amendment of Radiocommunications (Electromagnetic Radiation – Human Exposure) Standard 2003

Section 3 provides that the EMR Standard is amended by the amendments listed in Schedule 1 of the instrument.

 

Schedule 1            Amendments

 

[1]      Subsection 5 (1), after definition of EN 50361

This amendment inserts the definition of EN 62209-1 in the EMR Standard. EN 62209-1 is a European Union harmonised standard based on IEC 62209-1, a standard developed by Technical Committee TC106 of the International Electrotechnical Commission (IEC). Australia has active representation on TC106 through the participation of Standards Australia (http://www.standards.org.au/.).

 

[2]     Subsection 5 (1), definition of old standard

This amendment defines old standard to be the Radiocommunications (Electromagnetic Radiation - Human Exposure) Standard 2003 as in force immediately before 1 April 2007.

 

[3]      Subsection 5 (2)

This amendment provides that a reference in the EMR Standard to a publication or other document of Standards Australia, British Standards Institution or European Committee for Electrotechnical Standardisation is a reference that is in force from time to time.  This means that an amendment to these publications or documents would also be recognised immediately within the EMR Standard without any amendment of the EMR Standard.

 

[4]      Section 6, heading

This amendment substitutes a new heading for section 6.

 

[5]      Paragraph 6 (1) (a)

This amendment omits ‘1 March 2003’ and substitutes ‘1 April 2007’.  The effect is that the requirements of the Amendment Standard will commence for mobile phones manufactured or imported, or first offered for supply, or altered or modified in a material respect on or after 1 April 2007.

 

[6]      Section 7, including notes

This amendment provides that on and after 1 April 2007, the old standard will continue to apply to mobile stations that were not manufactured or imported, or first offered for supply, or altered or modified in a material respect on or after 1 April 2007.

 

[7]      Section 8

This amendment omits section 8 of the EMR Standard.  Section 8 is no longer relevant.

 

[8]      Section 9 (1)  

This amendment omits ‘or 8(1)’ in subsection 9 (1).  Because of the amendment that omits section 8, reference to ‘or 8(1)’ is no longer relevant.

 

 

[9]      Section 9 (2)

This amendment omits ‘or 8(1)’ in subsection 9 (2).   Because of the amendment that omits section 8, reference to ‘or 8(1)’ is no longer relevant.

 

[10]     Subsection 10 (2) and (3)

This amendment provides transitional arrangements to permit the use of test methodologies specified EN 50361 or Schedule 2 of the EMR Standard or EN 62209-1 to determine if a device meets the standard before 1 March 2009.   From 1 March 2009, the use of test methodology EN 62209-1 will be the only method permitted to determine if a device meets the standard.

 

[11]      Section 12, heading  

This amendment substitutes a new section heading.

 

[12]      Subsection 12 (2)

This amendment omits the word ‘measured’ and inserts the word ‘assessed’.

 

[13]      Subsection 12 (3)

This amendment omits the word ‘measured’ and inserts the word ‘assessed’.

 

[14]      Subsection 12 (4)

This amendment omits the word ‘measured’ and inserts the word ‘assessed’.

 

[15]      Schedule 1

This amendment omits Schedule 1 of the EMR Standard.  Schedule 1 is an early test methodology no longer used in the assessment of mobile phones.

 

   

[1]    ARPANSA’s radiofrequency EMR exposure limit is detailed in the publication Maximum Exposure Levels to Radiofrequency Fields – 3 kHz to 300 GHz available at website:  http://www.arpansa.gov.au/rps_pubs.htm.

[2]    EN 50361: Basic standard for the measurement of specific absorption rate related to human exposure to electromagnetic fields from mobile phones (300 MHz – 3 GHz) is published by the European Committee for Electrotechnical Standardisation.

[3] IEC 62209-1: Human exposure to radio frequency fields from hand-held and body-mounted wireless communications devices – Human models, instrumentation, and procedures – Part 1: Procedure to determine the specific absorption rate (SAR) for hand-held devices used in close proximity to the ear (frequency range of 300 MHz to 3 GHz).

[4]  AS 2772.2: Radiofrequency radiation. Part 2: Principles and methods of measurement published by Standards Australia.  

Overview

The Radiocommunications (Electromagnetic Radiation – Human Exposure) Amendment Standard 2007 (No. 1) was enacted to update the Radiocommunications (Electromagnetic Radiation – Human Exposure) Standard 2003. This amendment was necessary to address the need for aligning Australia's standards with international developments and to provide more cost-effective assessment methods for industry. The Australian Communications and Media Authority (ACMA), empowered under the Radiocommunications Act 1992 to protect the health and safety of people exposed to radiofrequency electromagnetic radiation, introduced this amendment. The policy objective was to adopt the EN 62209-1 test methodology for mobile and cordless phones and to recognise the calculated methods of Australian Standard AS 2772.2 for radio devices designed to operate more than 20 cm from the human body, thereby reducing industry costs and enhancing alignment with international standards.

Scope and Application

The Radiocommunications (Electromagnetic Radiation – Human Exposure) Amendment Standard 2007 (No. 1) applies to the assessment of electromagnetic radiation (EMR) exposure from radio devices, specifically those designed for close proximity to the human body such as mobile and cordless phones, and those designed for use more than 20 cm from the human body such as wireless local area network (WLAN) transmitters. This amendment to the Radiocommunications (Electromagnetic Radiation – Human Exposure) Standard 2003 is made under the authority of the Radiocommunications Act 1992 and is intended to update the testing methodologies to align with international standards and practices. The Amendment Standard is applicable nationally across Australia, covering entities and individuals involved in the manufacture, importation, supply, and use of radio transmitting devices. It does not specify exclusions or exemptions, but rather sets out new standards for the assessment of EMR exposure. The Amendment Standard also recognises calculated methods of assessment for devices not intended for close human contact, reducing costs and aligning with practices in other countries. The amendments made by the Amendment Standard extend the application of the EMR Standard through the adoption of new test methodologies and the recognition of calculated assessment approaches.

Key Provisions

The key operative sections of the Radiocommunications (Electromagnetic Radiation – Human Exposure) Amendment Standard 2007 (No. 1) include Section 1 which names the Amendment, Section 2 which sets the commencement date as 1 April 2007, and Section 3 which provides that the Amendment amends the Radiocommunications (Electromagnetic Radiation – Human Exposure) Standard 2003. The amendments, detailed in Schedule 1, include the adoption of the EN 62209-1 test methodology for mobile/cordless phones and the recognition of calculated methods for devices designed to operate more than 20 cm from the human body. These amendments aim to align Australia with international standards and practices, facilitating consistency and cost-efficiency in regulatory assessments. The obligations imposed by the Amendment Standard on parties and entities it governs include compliance with the updated test methodologies and measurement approaches for ensuring radiofrequency electromagnetic radiation exposure limits are met. Manufacturers, importers, and suppliers of mobile and portable transmitter devices must adhere to the new standards when manufacturing, importing, or offering their devices for supply from 1 April 2007. Transitional arrangements allow for the use of older methodologies until 1 March 2009, after which only the EN 62209-1 methodology will be permissible for mobile phones. The Amendment Standard imposes several consequences for non-compliance. While the explanatory statement does not detail specific criminal offences, it is understood that failure to comply with the Radiocommunications Act 1992 or its associated standards could lead to enforcement actions by the Australian Communications and Media Authority (ACMA). Civil penalties for breaches of the Radiocommunications Act can include fines and other sanctions as prescribed by the Act. While the exact maximum penalties are not specified in the explanatory statement, they can vary based on the severity and nature of the breach. In summary, the Radiocommunications (Electromagnetic Radiation – Human Exposure) Amendment Standard 2007 (No. 1) introduces significant changes to the assessment and compliance standards for mobile and portable transmitter devices. It mandates the adoption of new test methodologies and recognition of calculated methods for certain devices, while also providing transitional arrangements to ease the compliance burden on industry. Non-compliance with these standards could lead to enforcement actions and penalties, although specific maximum penalties are not detailed in the explanatory statement.

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