Radiocommunications (MF and HF equipment — Land Mobile Service) Standard 2003
as amended
made under subsection 162 (1) of the
Radiocommunications Act 1992
This compilation was prepared on 24 November 2005
taking into account amendments up to Radiocommunications Amendment Standard 2005 (No. 1)
Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department, Canberra
Contents
1 Name of Standard [see Note 1]
2 Commencement
3 Application
4 Standard for performance
5 Effect of amendment of standard for performance
Notes
1 Name of Standard [see Note 1]
This Standard is the Radiocommunications (MF and HF equipment — Land Mobile Service) Standard 2003.
2 Commencement
This Standard commences on 1 January 2004.
3 Application
(1) This Standard applies to a radiocommunication device that:
(a) is MF or HF equipment; and
(b) is part of a land mobile service; and
(c) uses single sideband suppressed carrier emission; and
(d) operates in the frequency range 2 MHz to 30 MHz; and
(e) is not a device mentioned in subsection (2).
Exception — device imported for significant event
(2) This subsection applies to a radiocommunications device that:
(a) is imported in Australia solely for use in connection with a significant event; and
(b) if required to be tested or inspected before it is used in Australia — meets the testing or inspection requirements; and
(c) if conditions or requirements are imposed on the use of the device in Australia — complies with those conditions or requirements; and
(d) is used in Australia only at the location of the significant event; and
(e) is used in Australia only for the duration of the significant event.
(3) In this section:
significant event means an event at a specified location or locations, notified on the website www.acma.gov.au with the approval of the Chair.
4 Standard for performance
For paragraph 162 (1) (a) of the Radiocommunications Act 1992, the standard for performance is the standard set out in AS/NZS 4770:2000, as in force from time to time.
5 Effect of amendment of standard for performance
(1) If a radiocommunications device is manufactured, imported, altered or modified less than 1 year after the standard for performance is amended, the device is taken to meet the standard for performance if it meets that standard as in force before the amendment.
(2) A radiocommunications device that is manufactured, imported, altered or modified 1 year or more after the standard for performance is amended must meet the standard for performance as amended.
Notes to the Radiocommunications (MF and HF equipment — Land Mobile Service) Standard 2003
Note 1
The Radiocommunications (MF and HF equipment — Land Mobile Service) Standard 2003 (in force under subsection 162 (1) of the Radiocommunications Act 1992) as shown in this compilation is amended as indicated in the Tables below.
Under the Legislative Instruments Act 2003, which came into force on 1 January 2005, it is a requirement for all non-exempt legislative instruments to be registered on the Federal Register of Legislative Instruments.
Table of Instruments
Title | Date of notification
in Gazette or FRLI registration | Date of
commencement | Application, saving or
transitional provisions |
Radiocommunications (MF and HF equipment — Land Mobile Service) Standard 2003 | 10 Dec 2003 (see Gazette 2003, No. GN49) | 1 Jan 2004 | |
Radiocommunications Amendment Standard 2005 (No. 1) | 22 Nov 2005 (see F2005L03647) | 23 Nov 2005 | — |
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
Provision affected | How affected |
S. 3................. | rs. 2005 No. 1 |
Overview
The Radiocommunications (MF and HF equipment — Land Mobile Service) Standard 2003 was enacted to address the need for specific performance standards for medium frequency (MF) and high frequency (HF) equipment used in land mobile services. This standard was made under subsection 162(1) of the Radiocommunications Act 1992 by the Parliament of Australia. Its primary policy objective is to ensure that radiocommunication devices used in land mobile services meet certain performance criteria to minimise interference and ensure efficient use of the radio spectrum. The standard applies to MF and HF equipment operating in the frequency range of 2 MHz to 30 MHz, using single sideband suppressed carrier emission, unless exempted for use in significant events as notified on the Australian Communications and Media Authority (ACMA) website. The standard is aligned with AS/NZS 4770:2000, which is updated as necessary, and it provides transitional provisions for devices manufactured or modified within a year of an amendment to the standard.
Scope and Application
The Radiocommunications (MF and HF equipment — Land Mobile Service) Standard 2003, as amended, applies to radiocommunication devices that are medium frequency (MF) or high frequency (HF) equipment, part of a land mobile service, using single sideband suppressed carrier emission, and operating within the 2 MHz to 30 MHz frequency range. The Standard sets the performance criteria in accordance with the Australian/New Zealand Standard AS/NZS 4770:2000, as it may be amended over time. The Standard also provides an exception for devices imported into Australia solely for use in connection with a specified significant event, provided the device complies with any testing, inspection, or use conditions imposed by the relevant authorities. The Standard commenced on 1 January 2004 and is applicable across Australia, in accordance with the Radiocommunications Act 1992. Any amendments to the Standard are reflected in subordinate instruments and affect the application of the Standard to devices manufactured, imported, altered, or modified post-amendment.
Key Provisions
The Radiocommunications (MF and HF equipment — Land Mobile Service) Standard 2003, as amended, governs the performance standards for radiocommunication devices that are Medium Frequency (MF) or High Frequency (HF) equipment, part of a land mobile service, use single sideband suppressed carrier emission, and operate in the frequency range of 2 MHz to 30 MHz. This Standard applies broadly to such devices, but exceptions are made for those imported for significant events, as defined in the Standard, and which meet certain conditions (section 3). The performance standard that these devices must adhere to is outlined in AS/NZS 4770:2000, as it is in force from time to time (section 4). Additionally, the Standard stipulates that devices manufactured, imported, altered, or modified within one year of an amendment to the performance standard must meet the standard as it stood before the amendment, whereas those modified one year or more after the amendment must meet the amended standard (section 5).
Entities and individuals governed by this Standard must ensure that their MF and HF equipment complies with the specified performance standards. This includes adhering to the stipulations in AS/NZS 4770:2000, which encompasses technical specifications and requirements designed to ensure that the equipment operates within regulatory limits and does not cause harmful interference to other radiocommunications services. For devices imported for significant events, compliance also involves meeting any testing, inspection, and usage conditions that may be imposed by the relevant authorities.
Breaches of this Standard may not only have regulatory consequences but could also result in civil or criminal penalties. Although the Standard itself does not explicitly detail penalties, non-compliance with the Radiocommunications Act 1992, under which this Standard is made, could result in significant fines and other enforcement actions. The Radiocommunications Act includes provisions for penalties that can be substantial, particularly for repeated or egregious violations that endanger public safety or significantly disrupt radiocommunications services. Therefore, it is crucial for parties to ensure full compliance to avoid potential legal repercussions.