EXPLANATORY STATEMENT
Issued by the Authority of the Australian Communications and Media Authority
Radiocommunications (Infrared Devices) Class Licence (Revocation) 2007
Radiocommunications Act 1992
Purpose
The purpose of the Radiocommunications (Infrared Devices) Class Licence (Revocation) 2007 (the Revocation), is to revoke the Radiocommunications (Infrared Devices) Class Licence 2002 (the Infrared Devices Class Licence).
Legislative Provisions
Section 135 of the Radiocommunications Act 1992 (the Act) allows the Australian Communications and Media Authority (ACMA), by notice published in the Commonwealth Gazette, to revoke a class licence.
As a class licence revocation is a legislative instrument for the purposes of the Legislative Instruments Act 2003 (the LIA), subsection 56(1) of the LIA ensures that the requirement in the Act for publication in the Commonwealth Gazette is satisfied by registration of the instrument on the Federal Register of Legislative Instruments.
Background
It is generally a requirement of the Act that the operation of all radiocommunications transmitters within Australia be authorised by a radiocommunications licence.
A class licence is one type of licence available to authorise the operation of radiocommunications devices. It is an effective and efficient means of spectrum management for services where a limited set of common frequencies is employed, and equipment is operated under a common set of conditions. A class licence sets out the conditions under which any person is permitted to operate any device to which the class licence is applicable; it is not issued to an individual user, and does not involve the payment of licence fees. The licences are issued by ACMA as legislative instruments and are registered on the Federal Register of Legislative Instruments (FLRI). They involve minimal licence administration by ACMA.
The Infrared Devices Class Licence authorises the operation of devices that transmit infrared energy for radiocommunications purposes over short ranges. The two common sources of this energy are infrared lasers and infrared light emitting diodes (LEDs). Infrared lasers are used in distance and speed measurement systems and in laser link telecommunications systems. Maximum output powers vary between 100 microwatts and 125 milliwatts, depending on the application. Infrared LEDs are used for communications in very short range remote control or sensing abilities. The maximum output is usually less than 30 milliwatts.
The Radiocommunications (Low Interference Potential Devices) Class Licence 2000 (the LIPD Class Licence) authorises the operation of a wide range of low power radiocommunications devices in various segments of the radiofrequency spectrum. The LIPD Class Licence sets out the conditions under which many types of short-range devices may operate. The conditions cover frequency bands of operation and radiated power limits. Other conditions are applied as necessary.
To reduce the number of radiocommunications class licences in operation, thereby easing the regulatory burden on the community, the devices covered by the Infrared Devices Class Licence are to be incorporated into the LIPD Class Licence by the Radiocommunications (Low Interference Potential Devices) Class Licence Variation 2007 (No. 1).
Operation
The Revocation instrument revokes the Infrared Devices Class Licence on the day after the Radiocommunications (Low Interference Potential Devices) Class Licence Variation 2007 (No. 1) is registered. This arrangement ensures that there is no period in which use of the relevant infrared devices is not authorised.
Consultation
Notice of ACMA’s intended revocation of the Infrared Devices Class Licence was published by special notice in the Commonwealth Gazette on 31 October 2007, inviting public submissions until 1 December 2007. Notice of the Revocation and an invitation for public submissions was also provided on ACMA’s internet site from 2 November through to 1 December 2007. Four submissions were received in relation to the Revocation, none of which opposed the Revocation. Due consideration was given to these submissions when preparing this instrument.
Details of the Revocation are set out in Attachment 1.
ATTACHMENT 1
NOTES ON SECTIONS
Section 1 Name of Revocation
Section 1 provides for the citation of the instrument.
Section 2 Commencement
This section provides for the Revocation to commence on the day after the Radiocommunications (Low Interference Potential Devices) Class Licence Variation 2007 (No. 1) is registered.
Section 3 Revocation of Radiocommunications (Infrared Devices) Class Licence 2002
Section 3 revokes the Radiocommunications (Infrared Devices) Class Licence 2002.