EXPLANATORY STATEMENT
Issued by the authority of the Australian Communications and Media Authority
Radiocommunications Miscellaneous Devices Class Licence Variation 2006
Radiocommunications Act 1992
Legislative Provisions
Section 134 of the Radiocommunications Act 1992 (the Act) allows the Australian Communications and Media Authority (ACMA) to vary, by notice published in the Gazette, a class licence by including one or more conditions, or revoking or varying any conditions of the licence. Section 56 of the Legislative Instruments Act 2003 provides that the requirement for publication in the Gazette is satisfied by registration on the Federal Register of Legislative Instruments.
A variation made under paragraph 134 of the Act is a disallowable instrument for the purposes of the Acts Interpretation Act 1901.
Purpose
The Radiocommunications Miscellaneous Devices Class Licence Variation 2006 (No. 1) (the Variation) limits the classes of devices authorised under the Radiocommunications Miscellaneous Devices Class Licence 1999 (the Class Licence) to certain cordless telephones and wireless video transmitters. Prior to ACMA making the Variation, the Class Licence authorised, in addition, certain emergency locating beacon devices, including Emergency Position Indicating Radiobeacons (EPIRBs). The Class Licence authorised the operation of devices by reference to technical requirements and radiocommunications standards.
The Class Licence has been varied to relocate emergency locating beacon devices into another, more appropriately designed, class licence that specifically addresses technical specifications and operational conditions for emergency locating beacon devices.
Background
Class licensing 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. It involves minimum licence administration by ACMA and is not issued to an individual user. Class licences are open, standing authorities that allow anyone to operate particular radiocommunications equipment provided that operation of the device is in accordance with the conditions of the licence. Class licences do not have to be applied for and no licence fees are payable. Equipment authorised by class licences in Australia includes citizen band radios, mobile phone handsets, cordless telephones and a range of low power devices, such as garage door openers.
The Australian Communications Authority (ACA), ACMA’s predecessor, proposed, in 2002, to rationalise existing class licensing arrangements by revoking class licences that are not compatible with modern drafting and structure arrangements.
The class licence review was identified as a performance indicator in the success of ACA direct services. Several major changes were made to apparatus licensing structures, from this review, and with agreement by the Authority of the then ACA, new licensing arrangements for aircraft and aeronautical and maritime radiocommunications services were implemented shortly after the review concluded.
The Variation is an outcome of that review. Although the variation to the Miscellaneous Devices Class Licence at this time does not completely fulfil the outcomes of the rationalisation, the relocation of emergency locating beacon devices to a separate licence takes a step in the right direction towards achieving those outcomes.
To revoke the Miscellaneous Devices Class Licence, and redistribute all the devices contained therein in one process, would be administratively complex. Therefore, each of the devices authorised under the Miscellaneous Devices Class Licence will be addressed on an individual basis, beginning with EPIRBS and other like emergency locating beacons.
After consideration of section 17 of the Legislative Instruments Act 2003, public consultation was undertaken and consideration was given to all the representations received. Two representations were received, both supportive of the proposed variation.
The Office of Regulation Review did not require a Regulation Impact Statement (RIS). The RIS identification number for this issue is 3246.
Details of the Class Licence are set out in the notes in Attachment 1.
Attachment 1
Notes on the instrument
Section 1 – Name of Variation
Section 1 names the Variation as the Radiocommunications Miscellaneous Devices Class Licence Variation 2006 (No.1).
Section 2 - Commencement
Section 2 provides that the Variation commences on the day after it is registered.
Section 3 – Variation of Radiocommunications Miscellaneous Devices Class Licence 1999
Section 3 provides that the Radiocommunications Miscellaneous Devices Class Licence 1999 is varied through Schedule 1.
Schedule 1 – Variations
[1] Paragraphs 4 (b) and (c)
omit
Paragraphs 4 (b) and (c) provide that the types of radiocommunications devices to which the Class Licence applies include devices that comply with the following standards:
b) Radiocommunications Standard (406 MHz Satellite Distress Beacons) No 1 of 1992;
c) Radiocommunications Standard (121.5 MHz and 243.0 MHz Emergency Position Indicating Radio Beacons) No.1 of 1996.
The aforementioned standards apply specifically to emergency locating devices known as emergency position indicating radiobeacons (EPIRBs), Satellite Distress Beacons (SDBs) (commonly known as 406 MHz EPIRBs), Personal EPIRBs, Personal Locator Beacons (PLBs) and 406 MHz satellite PLB.
[2] Sections 5, 6 and 7, including the notes
omit
Sections 5, 6 and 7 authorise the operation of radiocommunications devices covered by the specified Ministerial Standards.
Note: The Radiocommunications (Emergency Locating Devices) Class Licence 2006 authorises the operation of all emergency locating devices, including under the applicable standards and Ministerial Standards and technical requirements, omitted from the Radiocommunications Miscellaneous Devices Class Licence 1999.