Radiocommunications Equipment (General) Amendment Rules 2026 (No. 1)

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2026L00026 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Approved by the Australian Communications and Media Authority

Radiocommunications Act 1992

Radiocommunications Equipment (General) Amendment Rules 2026 (No. 1)

Authority

The Australian Communications and Media Authority (the ACMA) has made the Radiocommunications Equipment (General) Amendment Rules 2026 (No. 1) (the instrument) under subsection 156(1) of the Radiocommunications Act 1992 (the Act) and subsection 33(3) of the Acts Interpretation Act 1901 (the AIA).

Subsection 156(1) of the Act provides that the ACMA may, by legislative instrument, make rules relating to equipment (equipment rules).

Subsection 156(3) provides that equipment rules must be directed towards achieving any or all of the objectives listed in that subsection including, relevantly:

  • ensuring the electromagnetic compatibility of equipment;
  • containing interference to radiocommunications;
  • containing interference to any uses or functions of equipment;
  • protecting the health or safety of individuals from any adverse effect likely to be attributable to radio emissions resulting from a reasonably foreseeable use (including a misuse) of radiocommunications transmitters; and
  • ensuring that persons who operate equipment have access to information about the equipment.

Subsection 33(3) of the AIA relevantly provides that where an Act confers a power to make a legislative instrument, the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.

Purpose and operation of the instrument

Background

The ACMA regulates specified devices to manage:

  • the risk of interference to radiocommunications services and uses or functions of equipment;
  • the efficient use of the radiofrequency spectrum; and
  • human exposure to electromagnetic energy (EME) emissions from equipment.

Before the commencement of Part 1 of Schedule 4 to the Radiocommunications Legislation Amendment (Reform and Modernisation) Act 2020 on 17 June 2021, Part 4.1 of the Act empowered the ACMA to make labelling notices and standards. Under that regime:

  • the Radiocommunications (Electromagnetic Compatibility) Standard 2017 (the EMC standard) was made under former subsection 162(1) of the Act; and
  • the Radiocommunications Labelling (Electromagnetic Compatibility) Notice 2017 (the EMC labelling notice) was made under former section 182 of the Act.

Since 17 June 2021, the EMC standard and EMC labelling notice have had effect as if they had been made as equipment rules under subsection 156(1) of the Act. The ACMA made the Radiocommunications Equipment (General) Rules 2021 (the General Equipment Rules) under subsection 156(1), which also commenced on 17 June 2021.

The General Equipment Rules, among other things, impose prohibitions and obligations on a person relating to the EME standard, general standards, EMC standard and labelling requirements, unless an exemption applies or a person holds a relevant permit.

Part 2 of the General Equipment Rules sets out prohibitions related to the operation, possession and supply of equipment that does not comply with each prescribed general standard. Schedule 5 to the General Equipment Rules sets out the radiocommunications general standards.

Part 3 of the General Equipment Rules sets out prohibitions related to the operation, possession and supply of equipment that does not comply with the EMC standard. The EMC standard requires a device to comply with an applicable industry standard included in the ACMA’s list of mandated EMC standards published on the ACMA website.

Part 4 of the General Equipment Rules sets out the prohibitions related to the operation, possession and supply of equipment that does not comply with the EME standard. Clause 3 of Schedule 4 to the General Equipment Rules prescribes the EME standard and sets the exposure limits for applicable devices with reference to the Radiation Protection Standard for Limiting Exposure to Radiofrequency Fields – 100 kHz to 300 GHz (2021) published by the Australian Radiation Protection and Nuclear Safety Agency (ARPANSA).

Part 5 of the General Equipment Rules sets out prohibitions and obligations in relation to supplying unlabelled devices, applying labels without satisfying requirements, and obligations to be met after applying a label. These prohibitions and obligations relate to requirements set out in the EMC labelling notice and Schedule 3 to the General Equipment Rules. The EMC labelling notice includes requirements to be met before and after labelling because of the EMC standard, including testing, making a declaration of conformity, registering on the national database and keeping compliance records. Similarly, Schedule 3 to the General Equipment Rules provides labelling requirements, as well as requirements to be met before and after labelling, because of the EME standard and the general standards.

Part 8 of the General Equipment Rules provides exemptions to the prohibitions and obligations in relation to technical standards and labelling requirements.

In addition, the EMC standard and EMC labelling notice do not apply to devices mentioned in Schedule 2 to the EMC labelling notice.

The basis for the instrument

The purpose of the instrument is to amend the General Equipment Rules to provide:

  • an expansion of the existing labelling exemption in section 54 to cover Electric Vehicle Council of Australia Limited (EVC) members, and
  • a new EMC exemption in Part 8 in relation to vehicles, and devices in vehicles, that comply with the Voluntary Code of Practice for Electromagnetic Compatibility of Motor Vehicles published by the EVC (EVC code).

The ACMA and its predecessor, the Australian Communications Authority, have provided exemptions from EMC requirements and labelling requirements for vehicles supplied by members of specified industry bodies since 1998. The primary benefit of the exemptions is that labelling of vehicles and vehicle-related equipment is not mandated, recognising it is not cost-effective and can be impractical for suppliers to label vehicles and individual parts or components of a vehicle.

The instrument provides EVC members with equivalent exemptions from EMC and labelling requirements to those available to other industry bodies, to place these electric vehicle suppliers on the same footing as other vehicle suppliers.

The instrument:

  • inserts a definition in subsection 4(1) of the General Equipment Rules to identify ‘EVC’ as the Electric Vehicle Council of Australia Limited (ACN 645 443 401);
  • amends provisions in paragraphs 48(g) and (h) of the General Equipment Rules to specify that new subsections 54C(1) and (2) constitute exemptions under Part 8;
  • amends section 54 of the General Equipment Rules to provide an exemption from the requirement to label certain motor vehicle devices because of the EME standard and general standards for EVC members (the devices will still need to comply with the standards);
  • adds a new section to the General Equipment Rules, section 54C, to exempt persons from prohibitions and obligations related to the EMC standard and EMC labelling notice for specified vehicles and vehicle devices if the EVC code applies and the vehicle complies with the EVC code;
  • amends minor drafting errors.

Other matters

Section 160 of the Act provides that it is an offence, and subject to a civil penalty, for a person to engage in conduct that is prohibited by the General Equipment Rules, or to engage in conduct that contravenes an obligation imposed by the General Equipment Rules. (Contravention of some prohibitions or obligations may only be subject to a civil penalty, and not an offence: see subsections 160(9) and (10) of the Act.)

Parliament has prescribed that the maximum penalty for an offence, and the maximum civil penalty, is in each case 500 penalty units (which is $165,000, based on the current penalty unit amount of $330).

A provision-by-provision description of the instrument is set out in the notes at Attachment A.

The instrument is a legislative instrument for the purposes of the Legislation Act 2003 (the LA) and is subject to disallowance.

The General Equipment Rules are subject to the sunsetting provisions in Part 4 of Chapter 3 of the LA.

Documents incorporated by reference

Subsection 314A(2) of the Act provides that an instrument under the Act may make provision in relation to a matter by applying, adopting or incorporating (with or without modifications) matters contained in any other instrument or writing as in force or existing at a particular time, or from time to time.

The instrument amends the General Equipment Rules to incorporate by reference the EVC code, as existing from time to time.

The EVC code is available, free of charge, from the EVC’s website (www.electricvehiclecouncil.com.au).

Consultation

Before the instrument was made, the ACMA was satisfied that consultation was undertaken to the extent appropriate and reasonably practicable, in accordance with section 17 of the LA.

Subsection 156(4) of the Act requires the ACMA to consult with ARPANSA before making equipment rules directed towards protecting the health or safety of individuals from any adverse effects attributable to radio emissions resulting from a reasonably foreseeable use (including a misuse) of radiocommunications transmitters. The ACMA consulted with ARPANSA on a draft of the instrument in accordance with this requirement. ARPANSA had no objection to the proposed amendments to the General Equipment Rules.

The ACMA conducted a public consultation process in relation to the proposal to make the instrument from 8 September 2025 to 10 October 2025. A draft of the instrument, a copy of the EVC code and a consultation paper containing explanatory information were made available on the ACMA website. Interested parties were notified of the release of the draft instrument and invited to comment.

The ACMA received 2 submissions to the consultation, which did not raise any objections to making the instrument. The ACMA considered these submissions before making the instrument.

Statement of compatibility with human rights

Subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011 requires the rule-maker in relation to a legislative instrument to which section 42 (disallowance) of the LA applies to cause a statement of compatibility with human rights to be prepared in respect of that legislative instrument.

The statement of compatibility with human rights set out below has been prepared to meet that requirement.

Overview of the instrument

The ACMA regulates specified devices to manage:

  • the risk of interference to radiocommunications services and uses or functions of equipment;
  • the efficient use of the radiofrequency spectrum; and
  • human exposure to EME emissions from equipment.

The General Equipment Rules, among other things, impose prohibitions and obligations on a person relating to the EME standard, general standards, EMC standard and labelling requirements, unless an exemption applies or a person holds a relevant permit.

Part 2 of the General Equipment Rules sets out prohibitions related to the operation, possession and supply of equipment that does not comply with each prescribed general standard. Schedule 5 to the General Equipment Rules sets out the radiocommunications general standards.

Part 3 of the General Equipment Rules sets out prohibitions related to the operation, possession and supply of equipment that does not comply with the EMC standard. The EMC standard requires a device to comply with an applicable industry standard included in the ACMA’s list of mandated EMC standards published on the ACMA website.

Part 4 of the General Equipment Rules sets out the prohibitions related to the operation, possession and supply of equipment that does not comply with the EME standard. Clause 3 of Schedule 4 to the General Equipment Rules prescribes the EME standard and sets the exposure limits for applicable devices with reference to the Radiation Protection Standard for Limiting Exposure to Radiofrequency Fields – 100 kHz to 300 GHz (2021) published by ARPANSA.

Part 5 of the General Equipment Rules sets out prohibitions and obligations in relation to supplying unlabelled devices, applying labels without satisfying requirements, and obligations to be met after applying a label. These prohibitions and obligations relate to requirements set out in the EMC labelling notice and Schedule 3 to the General Equipment Rules. The EMC labelling notice includes requirements to be met before and after labelling because of the EMC standard, including testing, making a declaration of conformity, registering on the national database and keeping compliance records. Similarly, Schedule 3 to the General Equipment Rules provides labelling requirements, as well as requirements to be met before and after labelling, because of the EME standard and the general standards.

Part 8 of the General Equipment Rules provides exemptions to the prohibitions and obligations in relation to technical standards and labelling requirements.

In addition, the EMC standard and EMC labelling notice do not apply to devices mentioned in Schedule 2 to the EMC labelling notice.

The instrument:

  • inserts a definition in subsection 4(1) of the General Equipment Rules to identify ‘EVC’ as the Electric Vehicle Council of Australia Limited (ACN 645 443 401);
  • amends provisions in paragraphs 48(g) and (h) of the General Equipment Rules to specify that new subsections 54C(1) and (2) constitute exemptions under Part 8;
  • amends section 54 of the General Equipment Rules to provide an exemption from the requirement to label certain motor vehicle devices because of the EME standard and relevant general standards for EVC members;
  • adds a new section to the General Equipment Rules, section 54C, to exempt persons from prohibitions and obligations related to the EMC standard and EMC labelling notice for specified vehicles and vehicle devices if the EVC code applies and the vehicle complies with the EVC code; and
  • amends minor drafting errors.

Human rights implications

The ACMA has assessed whether the instrument is compatible with human rights, being the rights and freedoms recognised or declared by the international instruments listed in subsection 3(1) of the Human Rights (Parliamentary Scrutiny) Act 2011 as they apply to Australia.

Having considered the likely impact of the instrument and the nature of the applicable rights and freedoms, the ACMA has formed the view that the instrument does not directly engage any of those rights or freedoms.

Conclusion

The instrument is compatible with human rights as it does not raise any human rights issues.

Attachment A

Notes to the Radiocommunications Equipment (General) Amendment Rules 2026 (No. 1)

Section 1 Name

This section provides for the instrument to be cited as the Radiocommunications Equipment (General) Amendment Rules 2026 (No. 1).

Section 2 Commencement

This section provides for the instrument to commence at the start of the day after the day it is registered on the Federal Register of Legislation.

The Federal Register of Legislation may be accessed free of charge at www.legislation.gov.au.

Section 3 Authority

This section identifies the provision of the Act that authorises the making of the instrument, namely subsection 156(1) of the Act.

Section 4 Amendments

This section provides that the instrument specified in Schedule 1 is amended as set out in the applicable items in that Schedule.

Schedule 1 – Amendments

Radiocommunications Equipment (General) Rules 2021 (F2021L00661)

Item 1

Item 1 inserts a definition into section 4 of the General Equipment Rules for EVC, which means Electric Vehicle Council of Australia Limited (ACN 645 443 401).

Item 2

Item 2 inserts a semicolon at the end of paragraph 48(g) to correct a drafting error.

Item 3

Section 48 of the General Equipment Rules provides that the specified sections and subsections are exemptions to prohibitions or obligations in the General Equipment Rules.

Item 3 repeals paragraph 48(h) of the General Equipment Rules and substitutes it with a new paragraph 48(h) to allow expansion of the list of exemptions. Item 3 also adds paragraphs 48(i) and 48(j) to provide that new subsections 54C(1) and (2) are exemptions under section 48.

Paragraph 48(h) contains no substantive change from the previous paragraph 48(h) and identifies subsection 54B(1) as an exemption in the General Equipment Rules.

Item 4

Subsection 54(1) of the General Equipment Rules provides that, subject to subsection (2), a person does not contravene a prohibition in subsection 25(5) or 25(6), or in section 27, or the obligation in subsection 28A(1), of the General Equipment Rules in relation to a device if the person meets the requirements in subsequent paragraphs.

Subsection 54(2) of the General Equipment Rules provides that the exemption in subsection 54(1) only applies to a person in relation to a device if the person complies with Part 3, and Part 4 or Part 5, of Schedule 3, as if the person had been required to apply a label to the device in accordance with Part 2 of Schedule 3.

Item 4 repeals subparagraph 54(1)(f)(ii) of the General Equipment Rules and substitutes it with new subparagraph 54(1)(f)(ii) and paragraphs 54(1)(g) and (h).

The new subparagraph 54(1)(f)(ii) includes minor editorial amendments and does not substantively change from the previous subparagraph 54(1)(f)(ii) of the General Equipment Rules.

The new paragraph 54(1)(g) provides that if a device is manufactured in Australia as part of a motor vehicle, or installed in Australia in a motor vehicle, or imported as part of a motor vehicle, by a member of the EVC and is an integral part of the motor vehicle, a person is exempt under subsection 54(1) of the General Equipment Rules.

The new paragraph 54(1)(h) provides that if a device is manufactured or imported by a member of the EVC and can only be operated if it is installed in a motor vehicle, a person is exempt under subsection 54(1) of the General Equipment Rules.

These new paragraphs extend the operation of the exemption in subsection 54(1) to members of the EVC, in the same way it has operated in relation to members of other industry bodies.

Item 5

Item 5 removes the word ‘clause’ from subsection 54(3) and substitutes it with ‘section’ to correct a drafting error.

Item 6

Item 6 inserts a new section, section 54C, in the General Equipment Rules to exempt persons from prohibitions and obligations relating to the EMC standard and EMC labelling notice in particular circumstances.

The new subsection 54C(1) provides that a person does not contravene:

  • a prohibition in Part 3 of the General Equipment Rules that relates to:
    • causing a radio emission to be made by a device; or
    • possession of a device for the purpose of operation; or
    • supply of a device; or
  • a prohibition in subsections 25(3), 25(4) or 27(2), or the obligation in section 29 of the General Equipment Rules, in relation to a device;

if:

  • the device:
    • is manufactured in Australia as part of a vehicle, or installed in Australia in a vehicle, or imported as part of a vehicle, by a member of the EVC, and is an integral part of the vehicle; or
    • is a vehicle manufactured in Australia, or imported, by a member of the EVC; and
  • either the vehicle is in the possession of that member of the EVC, or the vehicle is first supplied by a member of the EVC; and
  • the EVC code is expressed to apply to the vehicle; and
  • the vehicle complies with all Broadband Emissions and Narrowband Emissions requirements specified in the EVC code as existing at the time the device or vehicle was manufactured in Australia or imported, or the device was installed in Australia in a vehicle.

The new subsection 54C(2) provides that a person does not contravene:

  • a prohibition in Part 3 of the General Equipment Rules that relates to:
    • causing a radio emission to be made by a device; or
    • possession of a device for the purpose of operation; or
    • supply of a device; or
  • a prohibition in subsections 25(3), 25(4) or 27(2), or the obligation in section 29, in relation to a device;

if:

  • the device is manufactured or imported by a member of the EVC and can only be operated if it is installed in a vehicle; and
  • the EVC code is expressed to apply to the device; and
  • the device complies with all Broadband Emissions and Narrowband Emissions requirements specified in the EVC code as existing at the time the device was manufactured or imported.

The new subsection 54C(3) provides definitions for interpretation of section 54C. Broadband Emissions and Narrowband Emissions have the same meaning given by the EVC code. EVC code means the Voluntary Code of Practice for Electromagnetic Compatibility of Motor Vehicles Radiocommunications, published by EVC, or a later document, if published.

The exemptions in section 54C are intended to operate in relation to members of the EVC in the same way provisions in the EMC labelling notice operate in relation to members of other industry bodies.

 

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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.