Radiocommunications (Infrared Devices) Class Licence 2002

Overview

The Radiocommunications (Infrared Devices) Class Licence 2002 was issued by the Australian Communications Authority under the authority of the Radiocommunications Act 1992. This legislative instrument was enacted to address the need for streamlined regulation of infrared devices, which are radiocommunications devices operating within the frequency range of 187.5 THz to 420 THz. By providing a class licence, the Act aims to simplify the licensing process for the use of these devices, thereby promoting efficient use of radiocommunications while ensuring compliance with safety and operational standards. The class licence outlines specific conditions, such as limiting the output power of infrared devices to 125 mW and ensuring they do not cause interference to other radiocommunications devices, while also mandating compliance with relevant standards where applicable.

Scope and Application

The Radiocommunications (Infrared Devices) Class Licence 2002, issued by the Australian Communications Authority, serves to regulate the operation of infrared devices within the frequency range of 187.5 THz to 420 THz. This Class Licence applies to any person operating an infrared device in Australia and is intended to ensure that such devices do not exceed an output power of 125 mW and do not cause interference to other radiocommunications devices. The Class Licence also mandates that any infrared device, if its device compliance day falls on or after the date of the licence's enactment, must comply with relevant standards as they exist on that day, although the devices are not obligated to comply with any subsequently amended or replaced standards. This licence revokes previous licences issued on 24 July 1996 and 8 July 1998, thereby consolidating regulations under a single legislative instrument. It is important to note that while this Class Licence sets out the general conditions for operating infrared devices, it does not exempt infrared devices from potential interference caused by other radiocommunications devices, which may arise under specific operational circumstances.

Key Provisions

The Radiocommunications (Infrared Devices) Class Licence 2002 (the Licence) authorises any person to operate an infrared device, subject to certain conditions. Section 5 of the Licence outlines that this authority is granted under the Radiocommunications Act 1992 (the Act) and supersedes previous licences related to infrared devices. The Licence specifies that an infrared device is defined as a radiocommunications device emitting a radio emission within the frequency range of 187.5 THz to 420 THz. The Licence imposes specific conditions on the operation of infrared devices. Firstly, the output power of any infrared device covered by this Licence must not exceed 125 mW, as stipulated in section 6. Secondly, as per section 7, the operation of such devices must not cause interference to other radiocommunications devices, although it notes that infrared devices may still experience interference from other devices under certain circumstances. Additionally, section 8 mandates that if the device compliance day for an infrared device occurs on or after the Licence's effective date, the device must comply with applicable standards in force on that day. These standards are crucial for ensuring the safety and proper functioning of infrared devices. Failure to comply with the conditions outlined in the Licence may result in legal consequences. Although the Licence does not explicitly detail offences or penalties, violations of the Act or associated regulations could lead to enforcement actions by the Australian Communications Authority (ACA). The Act itself provides for a range of penalties, including fines and potential criminal charges, for non-compliance with its provisions. Therefore, any breach of the Licence's conditions could potentially result in these penalties, depending on the severity and nature of the violation.