Radiocommunications Standard (406 Mhz Satellite Distress Beacons) No. 1 of 1996

Overview

The Radiocommunications Standard (406 MHz Satellite Distress Beacons) No. 1 of 1996 was enacted to establish a mandatory standard for the performance of 406 MHz satellite distress beacons used in maritime emergency situations. This legislation was introduced under the authority of the Spectrum Management Agency ('SMA') as per section 162(1) of the Radiocommunications Act 1992. The SMA adopted the Australian/New Zealand Standard AS/NZS 4280:1995 for 406 MHz satellite distress beacons, ensuring that these devices meet specific technical requirements for their operation and interference mitigation. The policy objective behind this standard is to enhance maritime safety by ensuring the reliability and effectiveness of distress beacons in emergency situations. The SMA has ensured that public consultation was adequately considered, as per section 163(1) of the Act, and has engaged the Standards Association of Australia to prepare and consult on these standards, thereby facilitating industry compliance and maintaining high safety standards in maritime communications.

Scope and Application

The Radiocommunications Standard (406 MHz Satellite Distress Beacons) No. 1 of 1996 applies to devices specified within the instrument, specifically the homing transmitters of 406 MHz satellite distress beacons. These devices are intended for use in emergency situations and are critical for maritime vessels. The instrument is made under section 162(1) of the Radiocommunications Act 1992, which empowers the Spectrum Management Agency (SMA) to establish performance standards for devices within specified parts of the spectrum. The geographic reach of this legislation is national, applying across Australia. The standard adopted is the Australian/New Zealand Standard AS/NZS 4280:1995, which was developed by the Standards Association of Australia (SAA) through its technical committees and public consultation processes. The SMA adopted this standard through a Memorandum of Understanding with the SAA, ensuring that adequate public consultation was conducted as required by the Act. The instrument also provides for the adoption of standards made by any person or body in Australia under section 314A of the Act, extending its application to standards developed within the country. There are no stated exclusions or exemptions in the text, and any offences related to the use, supply, or possession of non-compliant devices are outlined in sections 157-161 of the Act.

Key Provisions

The Radiocommunications Standard (406 MHz Satellite Distress Beacons) No. 1 of 1996 sets out specific requirements for the performance and emissions of 406 MHz satellite distress beacons. This standard, adopted under section 162(1) of the Radiocommunications Act 1992, aligns with the Australian/New Zealand Standard AS/NZS 4280:1995. According to clause 3 of the instrument, the standard for the homing transmitter of a 406 MHz satellite distress beacon is defined by the AS/NZS 4280:1995, with certain exclusions and modifications as detailed in subclause (2). The instrument mandates that these beacons must comply with this adopted standard to ensure they meet the necessary performance and emission criteria. Entities governed by this standard, particularly those involved in the manufacture, supply, or use of 406 MHz satellite distress beacons, must ensure that their devices comply with the specified standard. This includes adhering to the defined performance metrics and emission levels to prevent interference with radiocommunications and other electronic devices. The Spectrum Management Agency (SMA) has ensured that interested parties had an opportunity to make representations, and the adopted standard reflects the need to maintain an adequate level of immunity from electromagnetic disturbances. Manufacturers and suppliers must also comply with any labelling requirements as stipulated under section 182(1)(a) of the Act, ensuring that devices clearly indicate compliance with the relevant standard. Failure to comply with the Radiocommunications Standard (406 MHz Satellite Distress Beacons) No. 1 of 1996 can result in legal consequences. The Radiocommunications Act 1992 includes offences under sections 157-161, which address the use, supply, and possession of non-standard devices. Penalties for breaches can include substantial fines, with specific maximum penalties set out in the Act. Additionally, non-compliance with the labelling requirements under section 182(1)(a) can also result in penalties. These provisions ensure that all stakeholders are held accountable for adherence to the standards, thereby maintaining the integrity and safety of the radiocommunications environment.