Radiocommunications Standard (Radiocommunications Devices Used in the Inshore Boating Radio Services Band) 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 Interpretation
2A Application
3 Standard for performance — radiocommunications devices operating in the inshore boating radio services band
4 Revocation of Ministerial Standard 244 (Standard under the Radiocommunications Act 1983)
Notes
1 Citation [see Note 1]
This standard may be cited as Radiocommunications Standard (Radiocommunications Devices Used in the Inshore Boating Radio Services Band) No. 1 of 1996.
2 Interpretation
In this standard, unless the contrary intention appears:
inshore boating radio services band means the band comprising all of the 27 megahertz maritime frequencies, as defined in the Radiocommunications Regulations.
the Act means the Radiocommunications Act 1992.
2A Application
(1) This Standard applies to a radiocommunications device:
(a) that is capable of being operated in the inshore boating radio services band; 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 devices operating in the inshore boating radio services band
For the purposes of paragraph 162 (1) (a) of the Act, the standard for the performance of radiocommunications devices that are capable of being operated on a frequency in the inshore boating radio services band is the standard set out in Australian Standard AS 4367—1996, as in force on the day on which this standard takes effect, other than the following provisions:
(a) Clause 1;
(b) Clause 4.1.
4 Revocation of Ministerial Standard 244 (Standard under the Radiocommunications Act 1983)
Statutory Rules 1990 No. 262 are revoked.
Notes to the Radiocommunications Standard (Radiocommunications Devices Used in the Inshore Boating Radio Services Band) No. 1 of 1996
Note 1
The Radiocommunications Standard (Radiocommunications Devices Used in the Inshore Boating Radio Services Band) 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 (Radiocommunications Devices Used in the Inshore Boating Radio Services Band) No. 1 of 1996
SR 1996 No. 313 | 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. 2A................ | ad. 2005 No. 1 |
Heading to s. 3......... | rs. 2005 No. 1 |
S. 3A................ | ad. 2000 No. 2 |
| rep. 2005 No. 1 |
Schedule 1............ | ad. 2000 No. 2 |
| rep. 2005 No. 1 |
Overview
The Radiocommunications Standard (Radiocommunications Devices Used in the Inshore Boating Radio Services Band) No. 1 of 1996, made under the Radiocommunications Act 1992, was enacted to ensure that radiocommunications devices operating within the inshore boating radio services band meet specific performance standards. This standard was introduced to address the need for clear regulatory guidelines for devices operating in this particular frequency band, ensuring that they function properly and do not interfere with other maritime communications. The Act is overseen by the Parliament of Australia, with a policy objective to maintain efficient and safe communication in maritime environments. The standard references Australian Standard AS 4367—1996 for the performance requirements of these devices, excluding certain clauses to tailor the regulation to the specific needs of inshore boating services.
Scope and Application
The Radiocommunications Standard (Radiocommunications Devices Used in the Inshore Boating Radio Services Band) No. 1 of 1996 applies to any radiocommunications device that is capable of being operated within the inshore boating radio services band, which encompasses all 27 megahertz maritime frequencies as defined in the Radiocommunications Regulations. This standard primarily governs the performance and compliance requirements of these devices to ensure safe and efficient radiocommunications operations within the specified band. However, it notably exempts devices imported specifically for use in connection with a significant event, provided they meet certain conditions such as compliance with testing or inspection requirements if applicable, adherence to any imposed conditions or requirements, and restricted use at the event's location and duration. The scope of the standard is national, operating under the authority of the Radiocommunications Act 1992. The standard references Australian Standard AS 4367—1996, excluding specific clauses, as the benchmark for device performance within the inshore boating radio services band.
Key Provisions
The Radiocommunications Standard (Radiocommunications Devices Used in the Inshore Boating Radio Services Band) No. 1 of 1996, as amended, provides specific regulatory requirements for radiocommunications devices operating within the inshore boating radio services band in Australia. Section 2A(1) of the standard applies to any radiocommunications device capable of operating within the inshore boating radio services band, provided it is not an exempted device listed in subsection 2A(2). Subsection 2A(2) offers an exception for devices imported solely for use in connection with a significant event, which must meet certain conditions such as compliance with any testing or inspection requirements and adherence to any imposed conditions or requirements for use within Australia. The term "significant event" is defined in the standard as an event notified on the Australian Communications and Media Authority's website with the approval of the Chair. Section 3 sets the performance standard for radiocommunications devices operating in the inshore boating radio services band, aligning with the Australian Standard AS 4367—1996, except for specific exclusions mentioned in subsection 3(4). Section 4 revokes the previous Ministerial Standard 244 (Standard under the Radiocommunications Act 1983).
The obligations imposed by the standard include ensuring that any radiocommunications devices operating within the specified band meet the outlined performance standards. Manufacturers, importers, and users of such devices must adhere to the conditions specified in section 2A, particularly for devices imported for significant events. These devices must comply with any required testing or inspection and must be used only for the specified event and duration. Section 3 mandates that devices meet the performance standards set out in AS 4367—1996, barring the exceptions noted in section 3(4).
Failure to comply with the provisions of the Radiocommunications Standard can result in legal consequences. Although specific offences and penalties are not detailed in the text provided, breaches of standards under the Radiocommunications Act 1992 can typically lead to enforcement actions by the Australian Communications and Media Authority (ACMA). These actions can include fines, legal proceedings, or other regulatory measures. The precise penalties and consequences would depend on the nature and severity of the breach, as well as the provisions of the Radiocommunications Act 1992 and other related legislation.