Radiocommunications (Paging Service Equipment) Standard 2014

EXPLANATORY STATEMENT

Issued by the Australian Communications and Media Authority

Radiocommunications (Paging Service Equipment) Standard 2014

Radiocommunications Act 1992

Purpose 

The Australian Communications and Media Authority (the ACMA) has made the Radiocommunications (Paging Service Equipment) Standard 2014 (the 2014 Standard) to replace the Radiocommunications (Paging Service Equipment) Standard 2002 (the 2002 Standard) without making any significant changes to the regulatory arrangements created by the 2002 Standard. 

The ACMA has made the 2014 Standard as the 2002 Standard is due to be automatically repealed on 1 April 2015, in accordance with Part 6 of the Legislative Instruments Act 2003 (the LIA).

Legislative Provisions

The ACMA made the 2014 Standard under subsection 162(1) of the Radiocommunications Act 1992 (the Act). Subsection 162(1) provides that the ACMA may, by legislative instrument, make standards for the performance of, or maximum permitted level of radio emissions from, specified devices. 

An instrument made under the Act may make provision for certain matters by applying, adopting or incorporating (with or without modifications) matter contained in any other instrument, as in force or existing from time to time (subsection 314A(2) of the Act). The 2014 Standard adopts, by reference, the two part technical standard made by Standards Australia and Standards New Zealand, AS/NZS 4769.1:2000 Radiocommunications equipment used in the paging service, Part 1: Angle Modulated Equipment (AS/NZS 4769.1) and AS/NZS 4769.2:2000 Radiocommunications equipment used in the paging service, Part 2: Amplitude modulated equipment (AS/NZS 4769.2) (collectively, AS/NZS 4769).

The 2014 Standard is a legislative instrument for the purposes of the LIA.

Subsection 33(3) of the Acts Interpretation Act 1901 provides that where an Act confers a power to make a legislative instrument, the power shall be construed to include a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend or vary any such instrument. The 2014 Standard is made under subsection 162(1) of the Act and revokes the 2002 Standard.

Background

Radiocommunications standards made under subsection 162(1) of the Act (section 162 standards) form part of the regulatory framework under the Act for the management of radiocommunications spectrum in Australia.

In concert with the Radiocommunications (Compliance Labelling – Devices) Notice 2014 (the Radiocommunications Labelling Notice) made under subsection 182(1) of the Act, section 162 standards regulate the supply of radiocommunications devices into Australia.  Section 162 standards define performance and radio emission level requirements for specified radiocommunications devices. The Radiocommunications Labelling Notice specifies testing, labelling and record keeping obligations for suppliers of those radiocommunications devices subject to an applicable section 162 standard. [1]

The purpose of section 162 standards is to manage the risk of interference to radiocommunications and radiocommunications devices, and to protect the health and safety of persons who operate, work on, use services supplied by means of, or are reasonably likely to be affected by the operation of, radiocommunications transmitters and receivers.

Subject to certain exemptions in Division 5 of Part 4.1 of the Act, it is an offence under section 160 to knowingly supply a non-standard device (that is, a device that does not comply with the requirements of a section 162 standard that applies to the device).

Following review and consultation, the ACMA formed the view that the 2002 Standard was operating effectively and efficiently, and continued to form a necessary and useful part of the legislative framework. The ACMA considers that there are no industry self-regulatory processes in place at this time that would serve to effectively offer the same safeguards as are offered by this standard in relation to the supply of radiocommunications equipment. Accordingly, the ACMA decided to make the 2014 Standard to replace the 2002 Standard without making any significant changes to the regulatory arrangements created by the latter Standard so that its ongoing effect is preserved.

Operation

The 2014 Standard applies to radiocommunications devices that are used in the operation of a paging service. A paging service is defined to mean a paging system.  A paging system is defined in the Radiocommunications (Interpretation) Determination 2000 to mean a system that uses only paging technology and comprises 1 or more stations. These stations are operated under a land mobile licence or fixed licence, and must meet certain requirements depending upon whether they are used in an exterior paging application or an interior paging application.

AS/NZS 4769.1 and AS/NZS 4769.2 specify the minimum performance characteristics and the related methods of measurement for on-site paging transmitters and receivers. AS/NZS 4769.1 covers the general operational aspects of on-site paging systems; however, it is restricted to the wireless communications of the service. It is assumed that the radio type of system will operate in the frequency range of 25 MHz to 470 MHz, and loop systems below 146 kHz. AS/NZS 4769.2 specifies that the paging transmitters and receivers must operate in the 27 MHz and 40 MHz bands.

In defining the technical performance characteristics, the 2014 Standard adopts AS/NZS 4769.1 and AS/NZS 4769.2 as in force or existing from time to time and any immediate replacement of AS/NZS 4769.1 or AS/NZS 4769.2 as in force or existing from time to time.  The performance requirements specified in AS/NZS 4769.1 and AS/NZS 4769.2 address maximum permissible output power, channel width, modulation types and operating frequencies.

The date by which an applicable device must comply with AS/NZS 4769.1 and/or AS/NZS 4769.2 is set out in section 7.  In summary, that date corresponds to the date of manufacture, importation or modification of the device or, if the device is part of a class of radiocommunications devices, the date the first device in that class was manufactured, imported or modified.  Section 8 also deals with the situation where AS/NZS 4769.1 and/or 4769.2 is amended or replaced. In broad terms, section 8 provides for a 1 year transition period.  If, during this period, a supplier manufacturers, imports or modifies a device, the device may comply either with the standard as in force before the amendment or replacement or the standard as in force after the amendment or replacement.

Consultation

The ACMA has consulted with industry stakeholders and the general public on the making of the 2014 Standard to replace the 2002 Standard.

Subsection 163(1) of the Act requires that before the ACMA makes a standard the ACMA must, so far as is practicable, try to ensure that interested persons have had an adequate opportunity to comment on the proposed standard and that due consideration has been given to any representations made.

Subsection 17(1) of the LIA requires that, before the ACMA makes a legislative instrument, it must be satisfied that any consultation that the ACMA considers is appropriate and reasonably practicable to undertake, has been undertaken.

Between 16 April 2014 and 6 June 2014, the ACMA conducted a public consultation process on the instruments that comprise the regulatory arrangements for supply of radiocommunications equipment. A consultation paper and draft instruments were made available on the ACMA website. The consultation paper explained the sunsetting (automatic repeal) process and the ACMA’s preliminary view that the existing arrangements should be continued in the replacement standard without any significant changes. Interested parties were notified of the release of the discussion paper and invited to comment.

The ACMA received 4 submissions from industry participants in response to the consultation paper and all issues relevant to the making of a standard under section 162 of the Act were considered when making the 2014 Standard.

Regulation Impact

The Office of Best Practice Regulation (OBPR) has considered the matter and formed the opinion that making the 2014 Standard is minor or machinery in nature.  Accordingly, OBPR advised that no further analysis (in the form of a Regulation Impact Statement) was required.  The OBPR exemption number is ID 16649.

Detailed description of the 2014 Standard

Details of the 2014 Standard are in Attachment A.

Documents incorporated in the 2014 Standard by reference

The 2014 Standard incorporates the following documents by reference, or otherwise refers to them:

• the Act;
• the Radiocommunications (Interpretation) Determination 2000 (the Interpretation Determination); and
• AS/NZS 4769.1 and AS/NZS 4769.2.

The Act and the Interpretation Determination can be found on the Australian Government’s ComLaw website (http://www.comlaw.gov.au/).

Both AS/NZS 4769.1 and AS/NZS 4769.2 can be purchased on the Standards Australia website (www.standards.org.au).

Statement of compatibility with human rights

Subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011 requires the rule maker in relation to a legislative instrument to which section 42 (disallowance) of the LIA applies to cause a statement of compatibility to be prepared in respect of that legislative instrument.

This statement has been prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

The 2014 Standard which requires suppliers of particular radiocommunications devices to comply with particular technical requirements before and after supplying those devices, is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011, because it does not raise any human rights issues.

Attachment A

Detailed description of the 2014 Standard

Section 1 Name of Standard

This section names the 2014 Standard as the Radiocommunications (Paging Service Equipment) Standard 2014.

Section 2 Commencement

This section provides that the 2014 Standard commences on the day after it is registered on the Federal Register of Legislative Instruments. 

Section 3 Revocation

This section revokes the previous standard, the Radiocommunications (Paging Service Equipment) Standard 2002 (the 2002 Standard).

Section 4   Definitions

This section defines terms used throughout the 2014 Standard. 

Some of the key defined terms are set out below:

• applicable device is defined to mean a radiocommunications device to which the 2014 Standard applies, in accordance with subsection 5(1).
• AS/NZS 4769.1.  This term defines the referenced industry technical standard by using the title of the standard along with the year of publication. Through the operation of this definition, the 2014 Standard includes AS/NZS 4769.1:2000 Radiocommunications equipment used in the paging service, Part 1: Angle Modulated Equipment (as amended) and any immediate replacement of that standard (as amended).
• AS/NZS 4769.2.  This term defines the referenced industry technical standard by using the title of the standard along with the year of publication. Through the operation of this definition, the 2014 Standard includes AS/NZS 4769.2:2000 Radiocommunications equipment used in the paging service, Part 2: Amplitude modulated equipment (as amended) and any immediate replacement of that standard (as amended).
• included in a class of radiocommunications devices, original modified device and original radiocommunications device are terms defined in section 6 and used in sections 7 and 8 to achieve the objective that applicable devices which are of the same model and identical to each other, need only comply with AS/NZS 4769.1 and AS/NZS 4769.2 as in force at the date the first device of that particular model was manufactured, imported or created by means of modification of another device.
• manufactured, in relation to an applicable device, means manufactured in Australia.
• modified, in relation to a device, means that the device has been modified or altered in a material respect in Australia (after the device was manufactured or imported) by, or on behalf of, the manufacturer or importer of the device.  A modification is material if the modification made to the device would or could affect whether the device complies with any applicable technical standard that applied to the unmodified device.
• paging service is defined to mean a paging system.  The term “paging system” is defined in the Radiocommunications (Interpretation) Determination 2000 as a system that uses only one paging technology and comprises one or more stations that:
  • are operated under a land mobile licence or a fixed licence;
  • in an exterior paging application, comprise a land station established for the purpose of one‑way communication to one or more paging receivers and one or more land stations that are used solely to improve service reliability within a 40 kilometre radius of the first land station; and
  • in an interior paging application are used for communications with one or more paging receivers and if permitted by the licence, may communicate with a mobile station that uses an interior paging talkback channel (within the meaning of section 3 of the VHF High Band Frequency Band Plan (148 to 174 MHz) 1991) to acknowledge receipt of a paging transmission, and are located within premises or restricted areas.
• relevant date means the date specified in section 7 in relation to an applicable device.
• significant event. A significant event is an event determined by the Chair of the ACMA as such and notified on the ACMA website.  In the past, the Melbourne Grand Prix and Australian Open Tennis have been notified as significant events for the purposes of the 2002 Standard.  There is a general exemption for equipment that is brought into Australia specifically for use at significant events.  The effect of this exemption is to allow the importation and use of specified devices (subject to the requirements in subsection 5(2) of the 2014 Standard) without the need for the importer of the device to meet the labelling and record keeping obligations specified in the radiocommunications regulatory arrangements.

Section 5 Application

Section 5 defines the types of device to which the 2014 Standard applies.  

The 2014 Standard applies to radiocommunications devices that are used in the operation of a paging service.

Subsection 5(2) provides that the 2014 Standard does not apply to certain radiocommunications devices that are used in connection with a significant event.  The 2014 Standard does not apply to a radiocommunications device that:

• is imported into Australia solely for use in connection with a significant event;
• meets any applicable testing or inspection requirements prior to its use in Australia;
• complies with any applicable conditions or requirements for the use of the device in Australia;
• is used only at the location of the significant event; and
• is used in Australia only for the duration of the significant event.

Section 6 When is a device included in a class of radiocommunications devices?  

Sections 6, 7 and 8 of the 2014 Standard work together to ensure that devices which are of the same model and identical to each other, need only comply with AS/NZS 4769.1 and/or 4769.2 as in force at the date the first device of that particular model was manufactured, imported or created by means of modification of another device.  This is to address the situation when devices of the same model are manufactured or imported over an extended period of time and when, over an extended period of time, significant numbers of devices are created by means of modification of another device so that they become identical to each other.  The following concepts are defined in section 6 in order to achieve this objective:

• ‘included in a class of radiocommunications devices’;
• ‘original radiocommunications device’; and
• ‘original modified device’.

The above concepts are important for the purpose of defining the ‘relevant date’ for an applicable device under section 7.

Under paragraph 6(1)(a), an applicable device, other than a modified device, is ‘included in a class of radiocommunications devices’ if the device is identical to each other device of the class (irrespective of when the devices were manufactured or imported) and has the same manufacturer or importer as each other device.  Paragraph 6(1)(b) also provides that the ‘original radiocommunications device’, in relation to a class of radiocommunications devices, is the device of the class that was the first to be manufactured or imported.

Under paragraph 6(2)(a), a modified device is ‘included in a class of radiocommunications devices’ if the modification made to create the device is identical to the modification made to create each other device of the class (irrespective of when the devices were so modified); the device is, in all other respects, identical to each other device (irrespective of when the devices were manufactured or imported); and the device has the same manufacturer or importer as each other device.  Paragraph 6(2)(b) further provides that the ‘original modified device’, in relation to the class, is the device of the class that was the first to be created by being so modified.

Section 7 Relevant date for an applicable device

Section 7 defines the ‘relevant date’ for an applicable device as follows:

• in the case of an applicable device (other than a modified device) that is included in a class of radiocommunications devices – the date the original radiocommunications device (being the first device of the class to be manufactured or imported) was manufactured or imported;
• in the case of a modified device that is included in a class of radiocommunications devices – the date the modification was made to create the original modified device of the class; or
• otherwise – the date the device was manufactured or imported.

Section 8 Standard for performance

Section 8 provides that the standard for performance for an applicable device is as set out in AS/NZS 4769.1 and 4769.2 as in force or existing at the relevant date for the device (as defined in section 7) excluding the provisions set out in Schedule 1.  A particular applicable device may be subject to only AS/NZS 4769.1, or only to AS/NZS 4769.2.  However, a particular applicable device may be subject to both of those standards.  It is up to the supplier to ensure that its applicable devices comply with both standards if that is required.  

Section 8 also allows for a transition period if and when AS/NZS 4769.1 and 4769.2 (the old standards) are:

• amended (an amending standard);or
• replaced (a replacement standard).

During the 12 month period (the transition period) commencing on the date of introduction of the amending standard or replacement standard both the old standards and an amending standard or a replacement standard are in effect. Where the relevant date for a device occurs during a transition period the supplier may choose between the old standards and an amending standard or a replacement standard as the applicable standard with which devices must comply. This recognises that changes to an applicable standard may occur at a time disadvantageous to the manufacturer or importer (e.g. where device development and testing has been predicated on the old standards rather than the amendment or replacement standard).

The section allows for multiple transition periods to occur sequentially with an overlap.

Section 9 Transitional arrangements – devices manufactured, imported or modified                              before commencement day

Section 9 implements transitional arrangements for an applicable device that complied with the 2002 Standard. Devices which complied with the 2002 Standard and that were supplied prior to the commencement of the 2014 Standard are, by virtue of the transitional arrangements in this section, deemed to comply with the 2014 Standard and can continue to be lawfully supplied.

Schedule 1 – Standard for performance (excluded provisions)

Schedule 1 sets out which provisions of AS/NZS 4769.1 are not incorporated into the standard for performance of an applicable device.  A note to the Schedule makes it clear that AS/NZS 4769.2 is adopted in full. 

[1] The Radiocommunications (Compliance Labelling – Electromagnetic Radiation) Notice 2014 and the Radiocommunications Labelling (Electromagnetic Compatibility) Notice 2008 may also affect the supply of devices that are radiocommunications transmitters.