Radiocommunications (Electromagnetic Radiation — Human Exposure) Amendment Standard 2011 (No. 2)

Overview

The Radiocommunications (Electromagnetic Radiation – Human Exposure) Amendment Standard 2011 (No. 2), enacted by the Australian Communications and Media Authority, addresses a drafting error in the Radiocommunications (Electromagnetic Radiation – Human Exposure) Amendment Standard 2011 (No. 1), which had come into effect on 1 February 2011. The error involved an incorrect reference to a technical standard that applied prior to 1 March 2009. This amendment ensures clarity and accuracy by rectifying the erroneous reference, thereby preventing any confusion regarding the technical standard that was in effect before 1 March 2009. The purpose of this amendment is to maintain the integrity and consistency of the legislative framework governing electromagnetic radiation exposure, thereby protecting public health and safety. The Amendment Standard, which corrects the error identified in the first amendment, is designed to amend the Radiocommunications (Electromagnetic Radiation – Human Exposure) Standard 2003. It is scheduled to commence on the day following its registration, ensuring timely implementation. The policy objective is to uphold the accuracy of legislative standards concerning human exposure to electromagnetic radiation, thereby supporting the overarching goal of the Radiocommunications Act 1992 in regulating radiocommunications effectively.

Scope and Application

The Radiocommunications (Electromagnetic Radiation – Human Exposure) Amendment Standard 2011 (No. 2) amends the Radiocommunications (Electromagnetic Radiation – Human Exposure) Standard 2003 to rectify a drafting error that occurred in the Radiocommunications (Electromagnetic Radiation – Human Exposure) Amendment Standard 2011 (No. 1). This correction is necessary to ensure clarity regarding the technical standards applicable prior to 1 March 2009. The Amendment Standard applies to all persons and entities involved in radiocommunications activities in Australia, as governed by the Radiocommunications Act 1992. Its purpose is to clarify the standards applicable to human exposure to electromagnetic radiation, thus maintaining consistency and avoiding confusion in compliance and regulatory oversight. This amendment does not introduce new obligations but rather rectifies an existing oversight, ensuring that the correct historical standard is referenced. The Amendment Standard commences on the day after its registration and does not extend or restrict application through subordinate instruments.

Key Provisions

The Radiocommunications (Electromagnetic Radiation – Human Exposure) Amendment Standard 2011 (No. 2) (Amendment Standard) aims to rectify a drafting error present in the previous amendment, the Radiocommunications (Electromagnetic Radiation – Human Exposure) Amendment Standard 2011 (No. 1). This correction is necessary to clarify the technical standards applicable before 1 March 2009, ensuring there is no confusion regarding the standards that were in effect at that time. Specifically, section 3 of the Amendment Standard amends the existing Radiocommunications (Electromagnetic Radiation – Human Exposure) Standard 2003 to correct a reference error in the technical standards. This amendment is detailed in Schedule 1, where Item 1 of Subsection 10(2) of the table has been updated to correctly reference the standard "EN 62209-1" instead of the previously incorrect reference to "IEC 62209-1". The Amendment Standard imposes certain obligations on parties and entities governed by the Radiocommunications Act 1992. By correcting the reference to the applicable technical standard, it ensures that all stakeholders are now aware of and compliant with the appropriate standards for electromagnetic radiation exposure. This includes ensuring that any equipment, devices, or systems operating under the Radiocommunications Act adhere to the corrected standard. The requirement to update technical documentation, where necessary, to reflect the correct standard is also implicit in this amendment. The Standard mandates that all relevant parties must now rely on the accurate technical standard for compliance purposes. The Amendment Standard does not introduce new offences or penalties. Instead, its purpose is to correct a technical error in a previous amendment, thereby ensuring that all references to applicable standards are accurate. Any breaches of the original Radiocommunications (Electromagnetic Radiation – Human Exposure) Standard 2003, which the Amendment Standard updates, would still be subject to the penalties and consequences outlined in the Radiocommunications Act 1992. This means that non-compliance with the corrected standard could result in the same civil or criminal consequences as non-compliance with the original standard, including fines and other sanctions as prescribed by the Act.