Radiocommunications Miscellaneous Devices Class Licence 1999
as amended
made under sections 132 and 135 of the
Radiocommunications Act 1992
This compilation was prepared on 14 October 2008
taking into account amendments up to Radiocommunications Miscellaneous Devices Class Licence Variation 2008 (No. 1)
Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department, Canberra
Contents
1 Name of class licence [see Note 1]
2 When Class Licence comes into force [see Note 1]
3 Definitions
4 Class licence
9A Standards
10 Revocation
Notes
1 Name of class licence [see Note 1]
This class licence is the Radiocommunications Miscellaneous Devices Class Licence 1999.
2 When Class Licence comes into force [see Note 1]
This Class Licence comes into force on gazettal.
3 Definitions
Act means the Radiocommunications Act 1992.
Device compliance day, for a device to which this Class Licence applies, means the most recent of the following days:
(a) if the device was manufactured in Australia — the day on which the device was manufactured;
(b) if the device was manufactured overseas and imported — the day it was imported;
(c) if the device was altered or modified in a material respect — the day it was altered or modified.
Note For definitions of other expressions used in this Class Licence Variation, see the Act, the Radiocommunications Regulations 1993 and the Radiocommunications (Interpretation) Determination 2000.
4 Class licence
This class licence authorises a person to operate a device that complies with Ministerial Standard 315.
Note Ministerial Standard 315 (Statutory Rules 1987 No. 236) deals with wireless video transmitters.
9A Standards
If the device compliance day for a device to which this Class Licence applies occurs on or after the day on which the Radiocommunications Miscellaneous Devices Class Licence Variation 2002 (No. 1) comes into force, the device must comply with any standard applicable to it as in force on that day.
Note 1 ACMA wishes to make it clear that if a standard mentioned in this section is amended or replaced by another standard after the device compliance day for a device to which this Class Licence applies, the device need not comply with the amended or replaced standard.
Note 2 Section 5 of the Act defines standard to mean a standard made under section 162 of the Act.
10 Revocation
The Radiocommunications (Miscellaneous Devices) Class Licence No. 1 of 1993 is revoked.
Notes to the Radiocommunications Miscellaneous Devices Class Licence 1999
Note 1
The Radiocommunications Miscellaneous Devices Class Licence 1999 (in force under sections 132 and 135 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 Miscellaneous Devices Class Licence 1999 | 7 July 1999 (see Gazette 1999, No. GN27) | 7 July 1999 | |
Radiocommunications Miscellaneous Devices Class Licence Variation 2002 (No. 1) | 13 Feb 2002 (see Gazette 2002, No. GN6) | 13 Feb 2002 | — |
Radiocommunications Miscellaneous Devices Class Licence Variation 2006 (No. 1) | 6 Sep 2006 (see F2006L02973) | 7 Sep 2006 | — |
Radiocommunications Miscellaneous Devices Class Licence Variation 2008 (No. 1) | 13 Oct 2008 (see F2008L03753) | 14 Oct 2008 | — |
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
Provision affected | How affected |
S. 2................. | rs. 2002 No. 1 |
S. 3................. | rs. 2002 No. 1 |
S. 4................. | am. 2006 No. 1 |
| rs. 2008 No. 1 |
S. 5................. | rep. 2006 No. 1 |
S. 6................. | rep. 2006 No. 1 |
S. 7................. | rep. 2006 No. 1 |
S. 8................. | rep. 2008 No. 1 |
S. 9................. | rep. 2008 No. 1 |
S. 9A................ | ad. 2002 No. 1 |
Note 1 to s. 9A......... | am. 2008 No. 1 |
Overview
The Radiocommunications Miscellaneous Devices Class Licence 1999, enacted under the Radiocommunications Act 1992, was introduced to streamline the licensing process for miscellaneous radiocommunications devices in Australia. The Act aims to provide a flexible regulatory framework that balances the need for consumer protection with the need to encourage innovation and competition in the telecommunications sector. This class licence, which came into force on 7 July 1999, allows individuals and entities to operate specific radiocommunication devices that comply with Ministerial Standard 315, which addresses wireless video transmitters. The policy objective is to ensure that such devices do not interfere with other radiocommunications services while promoting efficient use of the radio spectrum. The Radiocommunications Miscellaneous Devices Class Licence 1999 was amended in 2002, 2006, and 2008 to update its provisions and ensure continued compliance with evolving technological standards and regulatory requirements.
Scope and Application
The Radiocommunications Miscellaneous Devices Class Licence 1999 applies to individuals and entities that operate devices that comply with Ministerial Standard 315, which pertains to wireless video transmitters. The scope of the Act is national, as it is made under the Commonwealth's Radiocommunications Act 1992. The Act applies to devices manufactured, imported, or materially modified on or after the specified compliance days, and mandates adherence to the standards applicable on the date of the Class Licence Variation 2002 (No. 1). It is important to note that any subsequent amendments or replacements of standards do not apply to devices already compliant on their respective compliance days. The Act's application is further extended and potentially restricted by subordinate instruments, including variations and amendments, which modify the original Class Licence as indicated in the legislative history and tables of amendments.
Key Provisions
The Radiocommunications Miscellaneous Devices Class Licence 1999, as amended, outlines the conditions under which a person may operate certain radiocommunication devices in Australia. This class licence specifically authorises the operation of devices that comply with Ministerial Standard 315, which pertains to wireless video transmitters (section 4). The licence comes into force upon its gazettal (section 2), and it provides a clear definition of the term 'device compliance day', which varies depending on whether the device was manufactured in Australia, imported, or materially altered or modified (section 3). Furthermore, the licence stipulates that any device covered by this class licence must comply with applicable standards as in force on the date the Radiocommunications Miscellaneous Devices Class Licence Variation 2002 (No. 1) came into effect, although subsequent amendments or replacements of these standards do not apply (section 9A).
The obligations imposed by this class licence require any person operating a device under this licence to ensure that the device complies with Ministerial Standard 315 and any relevant standards in effect as of 13 February 2002. Manufacturers, importers, or modifiers of the devices must be aware of the device compliance day, which determines the applicable standards for their device. Additionally, the class licence mandates that the Radiocommunications (Miscellaneous Devices) Class Licence No. 1 of 1993 is revoked, and any operations under that licence must cease in accordance with the new provisions (section 10).
Violating the provisions of this class licence can lead to significant legal consequences. Although specific offences and penalties are not detailed within the class licence itself, breaches of the Radiocommunications Act 1992 or related regulations could result in civil or criminal penalties. Under the Radiocommunications Act, unauthorised operation of radiocommunication devices can attract penalties, including fines. The exact penalties depend on the nature and severity of the breach, but they can be substantial, reflecting the importance of compliance with radiocommunication regulations.