Radiocommunications Standard (HF CB and Handphone Radio Transmitters) No. 1 of 1996
as amended
made under subsection 162 (1) of the
Radiocommunications Act 1992
This compilation was prepared on 23 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 Citation [see Note 1]
2 Definitions
2A Application
3 Standard for performance — radiocommunications transmitter operating at frequencies not exceeding 30 MHz
Notes
1 Citation [see Note 1]
This Standard may be cited as Radiocommunications Standard (HF CB and Handphone Radio Transmitters) No. 1 of 1996.
2 Definitions
In this Standard:
carrier frequency means a carrier frequency mentioned in Australian/New Zealand Standard AS/NZS 4355:1995:
(a) in a column headed ‘Australia’ in Table 1 of the Standard; or
(b) in Table 2 of the Standard.
radiocommunications transmitter means a radiocommunications device that is:
(a) a HF CB radio transmitter; or
(b) a handphone radio transmitter.
the Act means the Radiocommunications Act 1992.
2A Application
(1) This Standard applies to a radiocommunications device:
(a) that is a radiocommunications transmitter that is capable of operating on a carrier frequency; 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.
3 Standard for performance — radiocommunications transmitter operating at frequencies not exceeding 30 MHz
(1) Subject to subsection (2), for paragraph 162 (1) (a) of the Act, the standard for the performance of radiocommunications transmitters that are capable of operating on a carrier frequency is the standard set out in Australian/New Zealand Standard AS/NZS 4355:1995 as in force when this Standard commences, other than paragraph 1 (c), clause 2.6 and clause 4.1 of that Australian/New Zealand Standard.
(2) For the application of that Australian/New Zealand Standard, a reference in the Standard to a frequency band does not include the frequency with the lower value and includes the frequency with the higher value.
Notes to the Radiocommunications Standard (HF CB and Handphone Radio Transmitters) No. 1 of 1996
Note 1
The Radiocommunications Standard (HF CB and Handphone Radio Transmitters) No. 1 of 1996 (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 Standard (HF CB and Handphone Radio Transmitters) No. 1 of 1996
SR 1996 No. 312 | 20 Dec 1996
(see Gazette 1996, No. S508) | 20 Dec 1996 | |
Radiocommunications Amendment Standard 2000 (No. 2) | 8 July 2000
(see Gazette 2000, No. S386) | 8 July 2000 | — |
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. 2................. | am. 2005 No. 1 |
S. 2A................ | ad. 2005 No. 1 |
Heading to s. 3......... | rs. 2005 No. 1 |
S. 3................. | am. 2005 No. 1 |
S. 4................. | ad. 2000 No. 2 |
| rep. 2005 No. 1 |
Schedule 1............ | ad. 2000 No. 2 |
| rep. 2005 No. 1 |
Overview
The Radiocommunications Standard (HF CB and Handphone Radio Transmitters) No. 1 of 1996 was enacted to address the need for standardised performance requirements for radio transmitters operating at frequencies not exceeding 30 MHz. This legislative instrument was made under subsection 162(1) of the Radiocommunications Act 1992 by the Parliament of Australia. The primary objective of this standard is to ensure that radiocommunications devices, specifically HF CB and handphone radio transmitters, meet specified performance criteria to avoid interference and ensure efficient use of the radio frequency spectrum. The standard aligns with the Australian/New Zealand Standard AS/NZS 4355:1995, with certain exclusions, to provide a clear regulatory framework for these devices. It applies to radiocommunications devices capable of operating on a carrier frequency, except for those imported for significant events which are subject to specific conditions.
Scope and Application
The Radiocommunications Standard (HF CB and Handphone Radio Transmitters) No. 1 of 1996 applies to radiocommunications devices that are HF CB radio transmitters or handphone radio transmitters and are capable of operating on a carrier frequency. These devices must meet the standards set out in Australian/New Zealand Standard AS/NZS 4355:1995, with some exclusions specified in the Standard. The scope of the legislation is national, as it is made under subsection 162(1) of the Radiocommunications Act 1992, which is a Commonwealth Act. There is an exception for devices imported solely for use in connection with a significant event, provided they meet certain conditions, such as compliance with testing or inspection requirements if necessary, and adherence to any imposed conditions or requirements for use within Australia. The Standard applies to devices operating at frequencies not exceeding 30 MHz and incorporates, with modifications, the performance standards outlined in AS/NZS 4355:1995. The Act and its subordinate instruments provide for the regulation of radiocommunications within Australia, ensuring that devices meet specified performance criteria to maintain the integrity and efficiency of the radiocommunications spectrum.
Key Provisions
The Radiocommunications Standard (HF CB and Handphone Radio Transmitters) No. 1 of 1996, as amended, sets out the requirements for radiocommunications devices operating on frequencies up to 30 MHz in Australia. Specifically, section 3 states that these devices must meet the performance standards outlined in the Australian/New Zealand Standard AS/NZS 4355:1995, except for certain clauses that are specifically excluded. The scope of this Standard is defined in section 2A, which specifies that it applies to radiocommunications transmitters, including HF CB radio transmitters and handphone radio transmitters, that are capable of operating on a carrier frequency. However, devices imported for significant events, as outlined in subsection 2A(2), are exempt from this Standard if they meet certain conditions and requirements.
This legislation imposes obligations on manufacturers, importers, and users of radiocommunications transmitters. Manufacturers and importers must ensure that their devices meet the specified standards before they are sold or used in Australia. Users of these devices must ensure that their equipment complies with the relevant standards to avoid any disruptions or interference with other radiocommunications services. Furthermore, any device imported for a significant event must comply with any conditions or requirements imposed by the ACMA on its use in Australia, as stated in subsection 2A(2).
Breaches of the Radiocommunications Standard (HF CB and Handphone Radio Transmitters) No. 1 of 1996 can lead to various consequences. The Radiocommunications Act 1992, under which this Standard is made, provides for both civil and criminal penalties for non-compliance. Civil penalties can include fines, while criminal penalties can include imprisonment. The exact penalties depend on the nature and severity of the breach, as well as any previous convictions. It is important for all parties involved to adhere to the standards set out in this legislation to avoid any legal repercussions.