Radiocommunications (Low Interference Potential Devices) Class Licence Variation 2021 (No. 1)

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2021L00449 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

Approved by the Australian Communications and Media Authority

Radiocommunications Act 1992

Radiocommunications (Low Interference Potential Devices) Class Licence Variation 2021 (No. 1)

Authority

The Australian Communications and Media Authority (the ACMA) has made the Radiocommunications (Low Interference Potential Devices) Class Licence Variation 2021 (No. 1) (the instrument) under section 132 of the Radiocommunications Act 1992 (the Act) and subsection 33(3) of the Acts Interpretation Act 1901 (the AIA).

Section 132 of the Act allows the ACMA, by legislative instrument, to issue class licences to authorise any person to operate a radiocommunications device of a specified kind or for a specified purpose.

Subsection 33(3) of the AIA relevantly provides that, where an Act confers a power to make, grant or issue an instrument of a legislative character, the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend or vary any such instrument.

Purpose and operation of the instrument

On 17 December 2020, the ACMA made the Radiocommunications (Low Interference Potential Devices) Class Licence Variation 2020 (No. 1) and it was subsequently registered on the Federal Register of Legislation.

On 12 March 2021, the secretariat of the Senate Scrutiny of Delegated Legislation Committee raised the following concern:

The explanatory statement to the instrument explains that the instrument incorporates a number of documents by reference and specifies where the majority of these documents may be accessed free of charge. However, it does not specify where four International Organization for Standardisation standards, including ISO/IEC 18000-61:2012, ISO/IEC 18000-62:2012, ISO/IEC 18000-63:2012 and ISO/IEC 18000-64:2012, may be freely accessed.

Standards produced by the International Organization for Standardization may be accessed from their website (www.iso.org) for a fee. The ACMA will also cause copies to be made available for viewing at an office of the ACMA, or a venue nominated by the ACMA, upon prior request and subject to licensing conditions.

The ACMA has undertaken to make this clear in the Radiocommunications (Low Impact Potential Devices) Class Licence 2015 (the LIPD Class Licence).

A provision-by-provision description of the instrument is set out in the notes at Attachment A.

The instrument is a disallowable legislative instrument for the purposes of the Legislation Act 2003 (the LA).

Documents incorporated by reference

The instrument does not incorporate any documents by reference.

Consultation

The only amendment made by the instrument to the LIPD Class Licence is the addition of a note, which is for information only.  Accordingly, no public consultation process has been necessary.

Regulatory impact assessment

A preliminary assessment of the proposal to make the instrument was conducted by the Office of Best Practice Regulation (OBPR), based on information provided by the ACMA, for the purposes of determining whether a Regulation Impact Statement (RIS) would be required. OBPR advised that a RIS would not be required because the proposed regulatory change is minor or machinery in nature – OBPR reference number (43917).

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 instrument

The only effect of the instrument is to vary a note in Schedule 2 to the LIPD Class Licence..

Human rights implications

The ACMA has assessed whether the instrument is compatible with human rights, being the rights and freedoms recognised or declared by the international 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 instrument and the nature of the applicable rights and freedoms, the ACMA has formed the view that the instrument does not engage any of those rights or freedoms. 

Conclusion

The instrument is compatible with human rights as it does not raise any human rights issues.

 

 


Attachment A

 

Notes to the Radiocommunications (Low Interference Potential Devices) Class Licence Variation 2021 (No. 1)

Section 1 Name of instrument

This section provides for the instrument to be cited as the Radiocommunications (Low Interference Potential Devices) Class Licence Variation 2021 (No.1).

Section 2 Commencement

This section provides that the instrument commences at the start of the day after the day it is registered on the Federal Register of Legislation.

Section 3 Authority

This section identifies the provision that authorises the making of the instrument, namely subsection 132(1) of the Radiocommunications Act 1992. 

Section 4 Variation

This section provides that the legislative instrument specified in Schedule 1, the Radiocommunications (Low Interference Potential Devices) Class Licence 2015, is varied as set out in that Schedule.

Schedule 1 Variation

Item 1 Schedule 2, Note 4

This item omits the existing Note 4 and substitutes a note advising that copies of instruments produced by the International Organization for Standardization may be accessed for a fee from their website or viewed free of charge at an office of the ACMA (or another venue nominated by the ACMA) upon prior request and subject to licensing conditions.

 

Overview

The Radiocommunications (Low Interference Potential Devices) Class Licence Variation 2021 (No. 1) was enacted to amend the Radiocommunications (Low Interference Potential Devices) Class Licence 2015, which is governed under the Radiocommunications Act 1992. This variation was introduced by the Australian Communications and Media Authority (ACMA) to address the issue of providing clear access information for specific International Organization for Standardization (ISO) standards referenced in the original licence. The policy objective is to ensure that users have straightforward access to the relevant standards, either through the ACMA or directly from the ISO website, thereby facilitating compliance and clarity for those operating under the class licence. This minor amendment aims to streamline the process of accessing necessary standards without undergoing a formal consultation or requiring a Regulatory Impact Statement due to its limited scope and nature.

Scope and Application

The Radiocommunications (Low Interference Potential Devices) Class Licence Variation 2021 (No. 1) applies to all entities or persons who are operating radiocommunications devices within Australia and fall under the category of low interference potential devices as specified in the Radiocommunications Act 1992. This legislative instrument was made by the Australian Communications and Media Authority (ACMA) under the authority conferred by section 132 of the Act and subsection 33(3) of the Acts Interpretation Act 1901. Its jurisdiction is national, affecting the entire Commonwealth of Australia. The instrument's primary purpose is to amend a specific note within the Radiocommunications (Low Interference Potential Devices) Class Licence 2015, clarifying where certain International Organization for Standardisation standards can be accessed free of charge. This variation ensures that the public can easily locate the referenced standards, either through the ACMA or directly from the International Organization for Standardisation, albeit for a fee. No exclusions, exemptions, or thresholds are specified within this variation, and it does not extend or restrict the application of the overarching Radiocommunications Act beyond its existing scope.

Key Provisions

The Radiocommunications (Low Interference Potential Devices) Class Licence Variation 2021 (No. 1) amends the Radiocommunications (Low Interference Potential Devices) Class Licence 2015 (LIPD Class Licence) by modifying a note in Schedule 2 (section 4). This variation addresses the accessibility of certain International Organization for Standardization (ISO) standards, clarifying that while these standards can be accessed for a fee on the ISO website, they can also be viewed free of charge at an Australian Communications and Media Authority (ACMA) office or a nominated venue, subject to prior request and any applicable licensing conditions (Schedule 1, Item 1). This change aims to provide clearer guidance on where these standards can be accessed without charge, ensuring that stakeholders have access to the necessary information for compliance with the Act. The Act imposes several obligations on entities operating under the LIPD Class Licence. Primarily, these entities must comply with the conditions outlined in the amended LIPD Class Licence, including adhering to the specified access provisions for ISO standards. This ensures that all licensees are aware of the correct channels to obtain necessary regulatory documents, facilitating compliance and the effective operation of low interference potential devices within Australia. Additionally, the ACMA's role in making these standards available upon request reinforces the regulatory framework's accessibility and transparency. Failure to comply with the provisions of the Radiocommunications Act 1992 or the LIPD Class Licence may result in various consequences. While the specific offences and penalties are not detailed within the Radiocommunications (Low Interference Potential Devices) Class Licence Variation 2021 (No. 1), the overarching Act provides for a range of civil and criminal penalties. For instance, unauthorised operation of radiocommunications devices can lead to fines and, in severe cases, imprisonment. The Act's provisions ensure that any breach of its regulations is met with appropriate enforcement actions, maintaining the integrity and effectiveness of the radiocommunications regulatory framework.

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Communications Law
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Statutory Instrument
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Definitions & Interpretation
Commencement Provisions
Regulatory Standards
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.