Radiocommunications (Paging Service Equipment) Standard 2002
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 [see Note 1]
3 Application
4 Standard for performance — angle modulated devices
5 Standard for performance — amplitude modulated devices
6 Effect of amendment of standard for performance
Notes
1 Name of Standard [see Note 1]
This Standard is the Radiocommunications (Paging Service Equipment) Standard 2002.
2 Commencement [see Note 1]
This Standard commences on gazettal.
3 Application
(1) This Standard applies to a radiocommunication device:
(a) that is used in the paging service; and
(b) that 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 — angle modulated devices
For paragraph 162 (1) (a) of the Radiocommunications Act 1992, the standard for performance for angle modulated radiocommunications devices is the standard set out in AS/NZS 4769.1:2000, as in force from time to time, other than the following provisions:
(a) clause 5.7 (Declaration by the Manufacturer);
(b) clause 5.8 (Auxiliary test equipment);
(c) section 10 (Inductive loop systems);
(d) section 11 (Measurement uncertainty);
(e) Annex E (normative);
(f) Annex F (normative).
5 Standard for performance — amplitude modulated devices
For paragraph 162 (1) (a) of the Radiocommunications Act 1992, the standard for performance for amplitude modulated radiocommunications devices is the standard set out in AS/NZS 4769.2:2000, as in force from time to time.
6 Effect of amendment of standard for performance
(1) If a radiocommunications device is manufactured, imported, altered or modified less than 1 year after the applicable 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 applicable standard for performance is amended must meet the standard for performance as amended.
Notes to the Radiocommunications (Paging Service Equipment) Standard 2002
Note 1
The Radiocommunications (Paging Service Equipment) Standard 2002 (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 (Paging Service Equipment) Standard 2002 | 15 May 2002 (see Gazette 2002, No. GN19) | 15 May 2002 | |
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 (Paging Service Equipment) Standard 2002, enacted under subsection 162(1) of the Radiocommunications Act 1992, addresses the need for establishing performance standards for paging service equipment used in Australia. This standard was introduced to ensure that radiocommunication devices used in the paging service comply with specified performance criteria, thereby maintaining the integrity and efficiency of radiocommunication services. The objective of this legislation is to provide clear and consistent guidelines for the performance of both angle and amplitude modulated devices, which are integral to the functioning of paging services across the country. The enacting body is the Parliament of Australia, and the policy objective is to regulate the performance of radiocommunication devices to prevent interference and ensure the smooth operation of paging services.
The Standard applies to radiocommunication devices used in the paging service, except for those specifically exempted, such as devices imported for significant events that comply with certain conditions. The performance standards for angle and amplitude modulated devices are set out in AS/NZS 4769.1:2000 and AS/NZS 4769.2:2000 respectively, with certain provisions excluded. The Standard also includes provisions for the effect of amendments to the performance standards on devices manufactured or imported after such amendments. This legislation aims to ensure that devices meet the necessary standards to support reliable and effective paging services in Australia.
Scope and Application
The Radiocommunications (Paging Service Equipment) Standard 2002 applies to radiocommunication devices used in the paging service, excluding those devices that are imported solely for use in connection with a significant event, provided they meet certain testing, inspection, and compliance requirements if applicable. The Standard sets out specific performance criteria for both angle and amplitude modulated radiocommunication devices, referencing the relevant standards (AS/NZS 4769.1:2000 and AS/NZS 4769.2:2000 respectively) while excluding certain provisions. Devices manufactured, imported, altered, or modified less than a year after the standard is amended are considered compliant if they meet the previous standard, whereas those altered or modified a year or more after the amendment must meet the new standard. The Standard is made under the Radiocommunications Act 1992 and commenced on gazettal, with subsequent amendments registered and coming into effect as specified.
This Standard operates nationally, covering all Commonwealth, state, and territory jurisdictions within Australia. The application of the Standard is enforced by the Australian Communications and Media Authority (ACMA), which maintains a website for notifying significant events where certain exemptions may apply. The Standard's scope includes any radiocommunications device used in the paging service, barring those specifically exempted under the Standard, thereby ensuring compliance with national radiocommunications regulations.
Key Provisions
The Radiocommunications (Paging Service Equipment) Standard 2002 (sections 3-6) sets out the requirements for radiocommunication devices used in the paging service. Specifically, section 3 outlines the application of the Standard to radiocommunication devices used in the paging service, with exceptions for devices imported for significant events. Section 4 specifies the performance standard for angle-modulated devices as set out in AS/NZS 4769.1:2000, excluding certain provisions. Similarly, section 5 sets the performance standard for amplitude-modulated devices as per AS/NZS 4769.2:2000. Section 6 provides that devices manufactured, imported, altered, or modified within one year of a standard amendment may still meet the previous standard, while those altered or modified a year or more after an amendment must meet the new standard.
The Act imposes obligations on the entities it governs, requiring compliance with the specified performance standards for radiocommunication devices used in the paging service. Devices must adhere to the standards set out in AS/NZS 4769.1:2000 for angle-modulated devices and AS/NZS 4769.2:2000 for amplitude-modulated devices, with certain exclusions as noted. Furthermore, devices imported for significant events must meet specific conditions, including compliance with testing or inspection requirements if applicable, adherence to any imposed conditions or requirements for use in Australia, and limited use at the event location for the duration of the event.
Breach of the standards set out in the Radiocommunications (Paging Service Equipment) Standard 2002 may result in various consequences, although the specific offences, penalties, or consequences are not detailed within the Standard itself. The Radiocommunications Act 1992 provides the overarching framework for the regulation of radiocommunications in Australia, and any breaches of the standards set out in the Act or its associated legislative instruments may result in penalties under the Act, including fines and imprisonment. The exact penalties depend on the nature and severity of the breach, as well as any relevant provisions within the Radiocommunications Act 1992 or other applicable legislation.