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.
Overview
The Radiocommunications (Infrared Devices) Class Licence (Revocation) 2007, issued under the authority of the Australian Communications and Media Authority (ACMA), serves to revoke the Radiocommunications (Infrared Devices) Class Licence 2002. Enacted in 2007, this legislative instrument aims to streamline and consolidate the regulation of radiocommunications devices by integrating the functions of the revoked Infrared Devices Class Licence into the broader Radiocommunications (Low Interference Potential Devices) Class Licence 2000. This consolidation is intended to reduce the overall number of class licences, thereby easing the regulatory burden on the community and simplifying compliance requirements. The revocation is a direct response to the need for more efficient spectrum management and aligns with the policy objective of minimising the administrative load on both the ACMA and users of radiocommunications devices. The Revocation was subject to public consultation, with no opposition received, and it came into effect on the day following the registration of the Radiocommunications (Low Interference Potential Devices) Class Licence Variation 2007 (No. 1).
Scope and Application
The Radiocommunications (Infrared Devices) Class Licence (Revocation) 2007 serves to revoke the Radiocommunications (Infrared Devices) Class Licence 2002 under the Radiocommunications Act 1992. This revocation applies to any person or entity that was previously authorised to operate infrared devices for radiocommunications purposes under the now-repealed class licence. The revocation is designed to integrate the operations of these infrared devices into the broader regulatory framework provided by the Radiocommunications (Low Interference Potential Devices) Class Licence 2000, thus streamlining the authorisation process and reducing the number of distinct class licences in operation. The revocation is effective from the day following the registration of the Radiocommunications (Low Interference Potential Devices) Class Licence Variation 2007 (No. 1), ensuring a seamless transition for users of the affected devices. The revocation is applicable nationwide, aligning with the overarching scope of the Radiocommunications Act 1992, which covers all radiocommunications activities across Australia. The revocation does not exclude any particular devices or applications, as these are now governed under the amended LIPD Class Licence. This instrument, by its nature, may be further extended or modified through subordinate instruments, as permitted by the Act.
Key Provisions
The Radiocommunications (Infrared Devices) Class Licence (Revocation) 2007 (the "Revocation") serves to revoke the existing Radiocommunications (Infrared Devices) Class Licence 2002 (the "Infrared Devices Class Licence") in accordance with section 135 of the Radiocommunications Act 1992 (the "Act"). This revocation allows the Australian Communications and Media Authority (ACMA) to streamline the regulation of radiocommunications devices by reducing the number of class licences in operation. Section 2 specifies that the Revocation will come into effect on the day following the registration of the Radiocommunications (Low Interference Potential Devices) Class Licence Variation 2007 (No. 1), ensuring a seamless transition without any interruption in the authorisation of infrared devices.
Under the Act, parties and entities governed by the Revocation are required to adhere to the new regulatory framework established by the Radiocommunications (Low Interference Potential Devices) Class Licence Variation 2007 (No. 1). This new framework incorporates the conditions previously outlined in the Infrared Devices Class Licence, thereby integrating infrared devices into a broader category of low interference potential devices. As a result, operators of infrared devices must now comply with the conditions specified in the LIPD Class Licence, which include restrictions on frequency bands and power output limits. This change simplifies the regulatory process for both ACMA and device operators by reducing the number of separate licences to manage.
Failure to comply with the conditions set out in the Radiocommunications (Low Interference Potential Devices) Class Licence Variation 2007 (No. 1) may result in various civil or criminal consequences. Under section 14 of the Act, unauthorised use of radiocommunications devices can lead to penalties, including fines and potential criminal charges. The specific penalties for breaches depend on the severity of the offence and can be substantial, reflecting the importance of adhering to the regulatory requirements. Operators are advised to ensure their devices comply with the updated class licence to avoid any legal repercussions.