Radiocommunications Standard (Short Range Devices) No. 1 of 1996

Overview

The Radiocommunications Standard (Short Range Devices) No. 1 of 1996 was enacted to address the need for specific standards governing the performance and permissible radio emissions of short-range devices within the 25 MHz to 25 GHz frequency range. This standard was introduced under the authority of the Spectrum Management Agency (SMA), established by the Radiocommunications Act 1992. The primary policy objective was to ensure that these devices operate without causing undue interference to other radiocommunications services while maintaining adequate immunity from electromagnetic disturbances. The SMA adopted the Australian Standard AS 4268.2 - 1995, which specifies technical characteristics and test methods for low-powered devices used in various applications, including garage door openers, security alarms, and remote-controlled industrial equipment. By adopting this standard, the legislation aimed to provide a unified regulatory framework that facilitates the safe and efficient use of short-range devices in Australia.

Scope and Application

The Radiocommunications Standard (Short Range Devices) No. 1 of 1996 applies to low-powered transmitting devices used in various domestic, recreational, and industrial applications, such as garage door openers, security alarms, radio-controlled models, and remote control of industrial equipment. This standard is applicable to any person or entity using or manufacturing these devices in Australia, ensuring that they comply with the specified technical characteristics and test methods as outlined in the adopted Australian Standard AS 4268.2 - 1995. The geographic reach of this standard is national, applicable across all states and territories in Australia. The Spectrum Management Agency (SMA) has the authority to make standards under the Radiocommunications Act 1992, and these standards are designed to prevent interference with radiocommunications and other device functions while ensuring adequate immunity from electromagnetic disturbances. The SMA can adopt standards prepared by the Standards Association of Australia (SAA) following public consultation, as stipulated under the Act. The standard excludes certain parts and incorporates modifications as specified in the instrument. The Act also provides for offences related to non-compliance and labelling requirements for devices subject to these standards.

Key Provisions

The Radiocommunications Standard (Short Range Devices) No. 1 of 1996, made under section 162(1) of the Radiocommunications Act 1992, adopts Australian Standard AS 4268.2 - 1995 as the standard for certain devices. This standard applies to low powered transmitting devices operating at frequencies between 25 MHz and 25 GHz, used in various domestic, recreational, and industrial applications. The devices covered include garage door openers, security alarms, radio-controlled models, and remote controlling of industrial equipment. The Act imposes obligations on the Spectrum Management Agency (SMA) to ensure that standards made under section 162(1) include requirements that contain interference to radiocommunications and any of the uses or functions of devices, establish an adequate level of immunity from electromagnetic disturbance, and consider any representations made by interested persons. The SMA is required to try to ensure that interested parties have an adequate opportunity to make representations about the proposed standard under section 163(1) of the Act. Furthermore, the SMA may enter into arrangements with bodies such as the Standards Association of Australia (SAA) to undertake public consultation and prepare and publish a standard on behalf of the SMA. There are offences relating to the use, supply, and possession of nonstandard devices set out in sections 157-161 of the Act. These offences include using or possessing a device that does not comply with the standard, supplying a device that does not comply with the standard, and using a device in a manner that contravenes the standard. The maximum penalties for these offences vary depending on the offence and the circumstances of the case. In addition to the criminal offences, devices to which the standard applies may be subject to labelling requirements under section 182(1)(a) of the Act. This means that devices must be labelled in accordance with the standard, including any modifications or exceptions set out in clause 3 of the instrument. Failure to comply with the labelling requirements may result in civil consequences, such as fines or other penalties. Overall, the Radiocommunications Standard (Short Range Devices) No. 1 of 1996 sets out the standard for certain low powered transmitting devices operating at frequencies between 25 MHz and 25 GHz. The standard is designed to ensure that these devices do not interfere with radiocommunications and other uses or functions of devices, and that they have an adequate level of immunity from electromagnetic disturbance. The Act imposes obligations on the SMA to ensure that the standard includes appropriate requirements and to consider any representations made by interested parties. Breach of the standard may result in criminal or civil consequences, depending on the offence and the circumstances of the case.