EXPLANATORY STATEMENT
Approved by the Australian Communications and Media Authority
Radiocommunications Act 1992
Radiocommunications (Intelligent Transport Systems) Standard 2018
Authority
The Australian Communications and Media Authority (the ACMA) has made the Radiocommunications (Intelligent Transport Systems) Standard 2018 (the Standard) under subsection 162(1) of the Radiocommunications Act 1992 (the Act).
Subsection 162(1) of the Act empowers the ACMA to make, by legislative instrument, standards for the performance of specified devices.
The Standard is a disallowable legislative instrument for the purposes of the Legislation Act 2003 (the LA).
Purpose and operation of the Standard
Under subsection 162(1) of the Act, the ACMA makes standards (ACMA Standards) for radiocommunications transmitters and receivers which reference one or more industry standards for technical performance matters and the maximum permitted level of radio emissions. Once an industry standard is referenced by an ACMA Standard, compliance with the standard becomes mandatory. It is an offence under section 160 of the Act to knowingly supply a device that does not comply with the requirements of an ACMA Standard that applies to the device.
In concert with the Radiocommunications (Compliance Labelling – Devices) Notice 2014 (the Compliance Labelling Notice) made under subsection 182(1) of the Act, ACMA Standards regulate the supply of radiocommunications devices into Australia. The Compliance Labelling Notice specifies testing, labelling and record-keeping obligations for suppliers of those radiocommunications devices subject to an applicable ACMA Standard.
The key purpose of ACMA Standards is to manage the risk of interference to radiocommunication systems in Australia.
The purpose of the Standard is to make a standard for the technical performance and maximum permitted level of radio emissions for wireless devices used in intelligent transport systems (ITS). ITS devices enable vehicle-to-vehicle, vehicle-to-person or vehicle-to-structure communications.
The Standard applies to devices defined as an ‘ITS station’. An ITS station is a radiocommunications transmitter that is part of an intelligent transport system established for the purpose of road transport that is on a vehicle, carried by a person, or fixed to a roadside structure.
The Standard specifies that the standard for performance for an ITS station is set out in the European Telecommunications Standards Institute (ETSI) Standard EN 302 571.
A provision-by-provision description of the Standard is set out in the notes at Attachment A.
Documents incorporated by reference
Under section 314A of the Act, an instrument made under the Act may make provision for certain matters 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, even if the other instrument or writing does not yet exist when the first instrument is made.
The Standard incorporates by reference the ETSI Standard EN 302 571. The full title of this standard is Intelligent Transport Systems (ITS); Radiocommunications equipment operating in the 5 855 MHz to 5 925 MHz frequency band; Harmonised Standard covering the essential requirements of article 3.2 of Directive 2014/53/EU. It is available on the ETSI website at www.etsi.org.
Consultation
Before the Standard was made, the ACMA was satisfied that:
(a) in accordance with section 17 of the LA, consultation was undertaken to the extent appropriate and reasonably practicable; and
(b) in accordance with section 163 of the Act, interested persons have had adequate opportunity to make representations about the proposed standard, and due consideration has been given to any representations so made.
Between 4 July 2018 and 10 August 2018, the ACMA conducted a formal public consultation in relation to the Standard. A consultation statement and a draft of the Standard were made available on the ACMA website for comment.
The ACMA received two written submissions in response to the draft Standard, neither of which objected to the proposed standard.
Regulatory impact assessment
The Office of Best Practice Regulation (the OBPR) has considered the matter and formed the opinion that the proposed variation is minor and machinery in nature. Accordingly, OBPR advised that a Regulation Impact Statement was not required. The OBPR reference ID number is 20092.
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 set out below has been prepared to meet that requirement.
Overview of the Standard
The Radiocommunications (Intelligent Transport Systems) Standard 2018 (the Standard) makes a standard for the technical performance and maximum permitted level of radio emissions for wireless devices, or stations, used in intelligent transport systems (ITS).
The Standard specifies that the standard for performance for an ITS station is set out in the European Telecommunications Standards Institute Standard EN 302 571.
The Standard is made under section 162 of the Radiocommunications Act 1992.
Human rights implications
The ACMA has assessed whether the Standard is compatible with human rights, being the rights and freedoms recognised or declared by the 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 Standard and the nature of the applicable rights and freedoms, the ACMA has formed the view that the Standard does not engage any of those rights or freedoms.
Conclusion
The Standard is compatible with human rights as it does not raise any human rights issues.
Attachment A
Notes to the Radiocommunications (Intelligent Transport Systems) Standard 2018
Section 1 Name of Standard
This section provides for the Standard to be cited as the Radiocommunications (Intelligent Transport Systems) Standard 2018.
Section 2 Commencement
This section provides for the Standard to commence at the start of the day after it is registered on the Federal Register of Legislation.
Section 3 Authority
This section identifies the provision of the Act that authorises the making of the Standard, namely subsection 162(1) of the Radiocommunications Act 1992.
Section 4 Background
This section establishes the types of devices to which the Standard applies and the purpose of the Standard.
Subsection 4(1) provides that the Standard applies to particular devices, as provided by subsection 7(1), and is made for the performance of those devices and their maximum permitted level of radio emissions.
Subsection 4(2) provides, pursuant to subsection 163(3) of the Act, that the Standard consists only of such requirements as are necessary or convenient for the purposes of containing interference to radiocommunications.
Section 5 Definitions
This section defines key terms used throughout the Standard.
Section 6 References to other instruments
This section provides that in the Standard, unless the contrary intention appears, a reference to any other legislative instrument is a reference to that other legislative instrument as in force from time to time.
This section also provides that in the Standard, unless the contrary intention appears, a reference to any other kind of instrument or writing is a reference to that other instrument or writing as in force from time to time.
Legislative instruments can be accessed, free of charge, on the Federal Register of Legislation (www.legislation.gov.au).
Section 7 Application
This section provides that the Standard applies to a radiocommunications device included in the definition of an ‘ITS station’. An ITS station is a radiocommunications transmitter that is part of an intelligent transport system established for the purpose of road transport that is on a vehicle, carried by a person, or fixed to a roadside structure.
Subsection 7(2) provides that the Standard does not apply to a radiocommunications device imported into Australia solely for use in connection with a significant event. This exemption applies if the device is used only at the location and for the duration of the significant event.
Where a device is subject to testing, inspection, or other requirements and conditions before it may be used in Australia, then those requirements must be met and the device must be used in compliance with the requirements and conditions for this exception to apply.
Section 8 What is a device included in a class of radiocommunications devices?
This section defines key concepts necessary for interpreting section 9 of the Standard.
The following concepts are defined in this section:
- ‘included in a class of radiocommunications devices’;
- ‘original radiocommunications device’; and
- ‘original modified device’.
These terms are important for the purpose of defining the date at which a radiocommunications device must comply with the Standard.
Section 9 Relevant date for an applicable device
This section sets out procedures for determining the ‘relevant date’ for an ‘applicable device’. An applicable device is a radiocommunications device covered by the Standard. The ‘relevant date’ is the date at which an applicable device must comply with the Standard.
This section describes three scenarios for determining the relevant date.
The first scenario (paragraph 9(a)) applies to devices that are ‘included in a class of radiocommunications devices’. In accordance with subsection 8(1), these are devices that are identical to each other and have the same manufacturer or importer. The relevant date is the date on which the first such device was manufactured or imported.
The second scenario (paragraph 9(b)) applies to modified devices that are ‘included in a class of radiocommunications devices’. In accordance with subsection 8(2), these are devices that have been modified in an identical manner and have the same manufacturer or importer. The relevant date is the date on which the first such device was created by being so modified.
The third scenario (paragraph 9(c)) applies to an applicable device not covered by the first or second scenario. The relevant date is the date on which such a device was manufactured or imported.
Section 10 Standard for performance
Subsection 10(1) specifies that the standard for performance for an applicable device is set out in the European Telecommunications Standards Institute (ETSI) Standard EN 302 571 (the ETSI standard).
The remaining subsections deal with cases where the ETSI standard is amended or replaced. This recognises that changes to the ETSI standard may occur at a time when devices have already been designed or manufactured and therefore may not comply with changes to that standard.
Subsection 10(4) defines the ‘transition period’ as the one-year period commencing on the day the ETSI standard was amended or replaced.
Subsection 10(2) deals with the case where the relevant date for an applicable device occurs during a transition period. In this case, the device may comply with either the ETSI standard in existence immediately before the transition period commenced or the ETSI standard in existence during the transition period.
Subsection 10(3) deals with the case where there are two transition periods that overlap. Where the relevant date for an applicable device occurs during the period of overlap, the item may comply with either:
- the ETSI standard in existence immediately before the first transition period commenced; or
- the ETSI standard in existence during the first transition period; or
- the ETSI standard in existence during the second transition period.
Section 11 Transitional arrangements
This section establishes transitional arrangements for applicable devices that were manufactured, imported or modified before, or less than one year after, commencement of the Standard.
If the relevant date for an applicable device occurred:
(a) before commencement of the Standard; or
(b) less than one year after commencement of the Standard;
then the device is not required to comply with the Standard.