EXPLANATORY STATEMENT
Issued by the Australian Communications and Media Authority
Radiocommunications (HF CB and Handphone Equipment) Standard 2008
Radiocommunications Act 1992
Purpose
The Radiocommunications (HF CB and Handphone Equipment) Standard 2008 (the Standard) sets out the applicable performance and testing requirements for High Frequency Citizen Band (HF CB) and Handphone equipment for the purposes of the Australian radiocommunications compliance and labelling regime.
Legislative provisions
The Standard is made under subsection 162 (1) of the Radiocommunications Act 1992 (the Act). Subsection 162 (1) allows the Australian Communications and Media Authority (ACMA) to make a standard in the form of a written instrument regulating the performance of specified devices or setting maximum permitted levels of radio emissions for devices other than radiocommunications devices. A standard can only include such requirements as are necessary or convenient for such things as:
- containing interference to radiocommunications or any of the uses or functions of devices;
- establishing adequate levels of immunity from electromagnetic disturbance for the operation of radiocommunications transmitters and receivers; and
- protecting the health or safety of persons who operate, work on, use or are likely to be affected by the services supplied by radiocommunications transmitters or receivers.
The Act authorises ACMA to make an arrangement with certain external bodies and associations for the preparation and publication of a draft standard and to undertake public consultation on the draft standard on behalf of ACMA (subsection 163 (2)).
In making a standard, ACMA is also authorised to apply, adopt or incorporate (with or without modification) a standard in force from time to time, made by another person (section 314A of the Act).
Background
ACMA’s radiocommunications regulatory arrangements require each supplier of radiocommunications devices falling within the scope of a relevant standard to apply a compliance label to its product prior to supply to the market, and to keep prescribed records. Compliance is determined against technical standards made under section 162 of the Act. The Radiocommunications Devices (Compliance Labelling) Notice 2003 (the Labelling Notice) made under section 182 of the Act, lists those standards and applies labelling and record keeping requirements in relation to radiocommunications devices covered by a listed standard.
ACMA routinely makes standards under section 162 of the Act adopting technical requirements contained in industry standards made by Standards Australia.
Standards Australia normally reviews its standards after ten years and has completed a review of the industry standard for HF CB and Handphone devices (AS/NZS 4355).
Operation
The revised standard clarifies one technical parameter and includes an allowable tolerance on the applicable measurement. This amendment recognises practical engineering design and measurement and imposes no additional burden in practice. This amendment is consistent with other mandated radiocommunications standards.
The revised standard also incorporates several editorial clarifications and corrections such as updating the list of Standards Australia working committee participants and the Standards Australia address.
To regulate the supply of HF CB and Handphone devices incompatible with Australian frequency allocations, the application of the Standard has been amended to include radiocommunications devices designed for overseas HF CB and Handphone services. The Standard now applies to any device that is able to be operated on an HF CB or Handphone channel allocated by any regulator. The intent is to ensure all such devices comply with the Standard if supplied in Australia.
To allow industry time to adapt to changes should the industry standard (AS/NZS 4355:2006) be amended by Standards Australia, a transitional provision has been included which provides for a one year overlap period during which industry may choose to have its products comply with either the Standard or the amended Standard.
In addition, grandfathering provisions in the Standard will allow for the continued supply of device models that complied with previous applicable standards, minimising the impact of the change on industry and users.
The Standard revokes the previous standard as the standard which must be met for the purposes of the compliance and labelling regime, through its inclusion in the Labelling Notice.
Consultation
Section 163 of the Act requires ACMA to ensure, so far as practicable, that interested parties have an opportunity to comment on a proposed standard and that due consideration be given to any comments before ACMA makes the Standard. This section is consistent with the consultation requirements arising from section 17 of the Legislative Instruments Act 2003.
The industry standard, AS/NZS 4355:2006 on which the standard for performance is based, was developed by a committee comprising regulators, relevant sections of industry, consumer groups and interested parties. In developing the industry standard, Standards Australia consulted with both industry and the community. ACMA circulated a draft version of the Standard to a wide range of stakeholders for public comment from 16 November 2007 to 14 December 2007.
These stakeholders 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.
Two comments were received; one from the Australian Electrical and Electronic Manufacturers’ Association (AEEMA) and one from the Ministry of Economic Development New Zealand, both were in support of the new standard.
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 Standard does not substantially alter existing arrangements.
The making of the Standard and revocation of the former Standard will have no effect on the continued supply of product compliant with the former Standard because of the effect of the grandfathering provision.
Documents incorporated into this Instrument by Reference
This Standard incorporates the Australian / New Zealand standard AS/NZS 4355:2006 Radiocommunications equipment used in the handphone and citizen band radio services operating at frequencies not exceeding 30MHz developed by Standards Australia. This document can be purchased from Standards Australia.
Detailed description of the Standard
Details of the Standard are in the Attachment.
Attachment
Notes on the instrument
Section 1 - Name of Standard
This section provides the name of the Standard.
Section 2 - Commencement
This section provides that the Standard commences on the day after it is registered.
Section 3 - Definitions
This section defines the terms “Act”, “handphone radio equipment”, “HF CB radio equipment”, “model”, “radiocommunications equipment” and “significant event”.
“AS/NZS 4355:2006” is defined as the standard of that number published by Standards Australia as in force from time to time.
The term “model” is defined in the Standard for the purposes of implementing the grandfathering provisions of section 7.
The definitions used reflect industry standard meanings and understandings of these terms.
Section 4 - Revocation
This section revokes the existing standard Radiocommunications Standard (HF CB and Handphone Radio Transmitters) No. 1 of 1996 upon commencement of the Standard.
Section 5 - Application
This section states that the Standard applies to radiocommunications equipment, defined as HF CB radio equipment or Handphone radio equipment in section 3, other than equipment imported solely for use in connection with a significant event.
Section 6 - Standard for performance
This section names the AS/NZS 4355:2006 standard other than clauses 1 and 2.8 as the standard for performance for HF CB radio equipment and Handphone radio equipment. Clauses 1 and 2.8 of AS/NZS 4355:2006 define the scope of the industry standard including the concept of multi role devices. These clauses have been omitted to avoid possible conflicts and inconsistencies in the application of the Standard.
Section 7- Compliance with this Standard - devices complying with the former Standard
This section implements “grandfathering provisions” for equipment that has been tested to and found to comply with, the former standard before this new Standard commenced.
It confirms that despite the revocation of the Radiocommunications Standard (HF CB and Handphone Radio Transmitters) No. 1 of 1996, that standard still has effect in so far as it relates to equipment models that met the requirements of it. This provision has been included to avoid the costs to industry of re-testing existing product models. The provision is used in a standard when continued supply of that product presents minimal interference risk.
Section 8 - Effect of amendment of standard for performance
This section enables any amendments which are made to AS/NZS 4355:2006, on which the standard of performance is based, to automatically be accepted within a transitional period of one year during which the amendments are optional. This allows industry time to adjust to changes and avoids the costs to industry of having to immediately modify forthcoming product designs. Existing model designs may continue to be supplied as provided by section 7 above.