EXPLANATORY STATEMENT
Issued by the Australian Communications and Media Authority
Radiocommunications Miscellaneous Devices Class Licence
Variation 2008 (No. 1)
Radiocommunications Act 1992
Purpose
The purpose of the Radiocommunications Miscellaneous Devices Class Licence
Variation 2008 (No. 1) (the Variation) is to remove devices from the existing arrangements in the Radiocommunications Miscellaneous Devices Class Licence 1999 (the Class Licence) for consolidation into the Radiocommunications (Cordless Telecommunications Devices) Class Licence 2001.
Legislative Provisions
The Australian Communications Authority (ACA) made the Class Licence in 1999 under section 132 of the Radiocommunications Act 1992 (the Act). In accordance with the Australian Communications and Media Authority (Consequential and Transitional Provisions) Act 2005, the Australian Communications and Media Authority (ACMA) is taken to have made the Class Licence under the Act as previously made by the ACA.
Section 134 of the Act allows ACMA, by notice published in the Commonwealth Gazette, to vary a class licence.
As a class licence variation is a legislative instrument for the purposes of the Legislative Instruments Act 2003 (the LIA), subsection 56(1) of the LIA ensures that the requirement in the Act for publication in the Commonwealth Gazette is satisfied by registration of the instrument on the Federal Register of Legislative Instruments.
Background
Class licences are standing authorities that authorise the operation of certain radiocommunications devices provided that the device is operated in accordance with conditions in the class licence.
Class licences avoid the need for individual apparatus licences, and minimise expense and administrative burden. They are an appropriate means of managing the radiofrequency spectrum where it is judged that there is a minimum risk of interference between radiocommunications devices. Class licences do not need to be applied for and so no fees are levied, for operation in accordance with the class licence.
Radiocommunications devices authorised under the class licence are typically low power transmitters providing short range communications that do no require individual frequency co-ordination for interference management purposes. Examples of equipment covered by class licences include garage door openers, remote control models (ships, aircrafts, and cars), and mobile and cellular telephone handsets.
The Class Licence authorises the use of cordless telecommunications devices compliant with the Radiocommunications Standard 302 (Cordless Telephones)(Revised 1991) (Statutory Rules 1991 No.293), the Ministerial Standard 302 (Statutory Rules 1987 No.237 and the Radiocommunications Standard (Cordless Telephone) No. 1 of 1997 (the Standards).
Operation
The Variation removes authorisation for devices compliant with the Standards from the Class Licence. These devices will now be authorised for use by insertion, along with the Standards, into the Radiocommunications (Cordless Telecommunications Devices) Class Licence 2001 by the Radiocommunications (Cordless Telecommunications Devices) Class Licence Variation 2008 (No.1).
The Variation also replaces references to the ACA with references to ACMA.Consultation
To ensure ACMA met the requirements of the LIA and section 136 of the Act, ACMA undertook two rounds of consultation in the Commonwealth Gazette and on ACMA’s website. The Variation was made available from these sources for public comment from 25 June - 18 July and 20 August – 22 September 2008. The second round of consultation (20 August – 22 September 2008) was undertaken to ensure that the requirement for a period of consultation of at least one month in section 136 of the Act was satisfied, as this was not achieved in the first round of consultation due to the late publication of the Commonwealth Gazette notice.
No submissions were received in relation to this revocation.
Regulatory Impact Statement
ACMA obtained advice from its SES contact officer for the Government’s regulation impact analysis arrangements that the Variation has no or low impact. For those reasons under the self-assessment regime administered by the Office of Best Practice Regulation, ACMA has determined that there is no need to produce a Business Cost Calculator report or to prepare a Regulation Impact Statement. The ACMA RIS exemption reference number is ACMA 058.
Detailed description of the instrument
Details of the Variation are set out in the attachment.
Attachment
NOTES ON SECTIONS
Section 1 – Name of Instrument
This section provides for the name of the instrument.
Section 2 – Commencement
This section provides that the Variation commences on the day after the Radiocommunications (Cordless Telecommunications Devices) Class Licence Variation 2008 (No.1) is registered.
Section 3 – Variation of Radiocommunications Miscellaneous Devices Class
Licence 1999
This section provides that Schedule 1 varies the Radiocommunications Miscellaneous Devices Class Licence 1999
Schedule 1
Item [1] Section 4
Item [1] removes the reference to devices compliant with the Radiocommunications Standard (Cordless Telephone) No. 1 of 1997 as these devices are being incorporated into the Radiocommunications (Cordless Telecommunications Devices) Class Licence 2001.
Item [2] Sections 8 and 9
Item [2] omits section 8 which refers to devices compliant with the Ministerial Standard 302 (Statutory Rules 1987 No. 237) and section 9 which refers to devices compliant with the Radiocommunications Standard 302 (Cordless Telephones)(Revised 1991) (Statutory Rules 1991 No.293), as these devices will be incorporated into the Radiocommunications (Cordless Telecommunications Devices) Class Licence 2001 by Radiocommunications (Cordless Telecommunications Devices) Class Licence Variation 2008 (No.1).
Item [3] Section 9A, note 1
Item [3] replaces references to the ACA with references to ACMA.