Radiocommunications Standard (UHF CB Radio Transmitters) No. 1 of 1996

Legislation au C2004L06005 Not in force Legislative Instrument

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Radiocommunications Standard (UHF CB Radio Transmitters) No. 1 of 1996 1996
No. 314
 

EXPLANATORY STATEMENT

Statutory Rules 1996 No. 314

Issued by the authority of the Spectrum Management Agency ('SMA')

Radiocommunications Standard (UHF CB Radio Transmitters) No. 1 of 1996

Radiocommunications Act 1992

Legislative Provisions

Under s. 162 (1) of the Radiocommunications Act 1992 ('the Act') the SMA may, by written instrument, make standards for:

(a)       the performance of specified devices; or

(b)       the maximum permitted level of radio emissions from devices (other than radiocommunications from radiocommunications devices in accordance with Chapter 3) within specified parts of the spectrum.

Under s. 162 (3) of the Act, standards made under s. 162 (1) can only include requirements for:

(a)       containing interference to radiocommunications; or

(b)       containing interference to any of the uses or functions of devices; or

(c)       establishing for the operation of radiocommunications devices an adequate level of immunity from electromagnetic disturbance; or

(d)       establishing for the uses or functions of devices an adequate level of immunity from electromagnetic disturbances caused by the operation of the radiocommunications transmitters.

Under s. 163 (1) of the Act, the SMA must, so far as practicable, try to ensure that interested persons have an adequate opportunity to make representations about the proposed standard and that due consideration has been given to any representations made.

Under s.163 (2) of the Act, the SMA may make an arrangement with various bodies to undertake public consultation and prepare and publish a standard on behalf of the SMA.

Section 314A of the Act allows the SMA to deal with any matter by adopting an instrument made by any person or body in Australia.

There are offences relating to the use, supply and possession of nonstandard devices set out in ss. 157-161 of the Act. In addition, devices to which standards made under s. 162 apply, may be subject to labelling requirements under s. 182 (1) (a) of the Act.

Background

Under s. 163 (2) of the Act, the SMA has entered into a Memorandum of Understanding with the Standards Association of Australia (SAA) for it to prepare standards and engage in public consultation on behalf of the SMA. This arrangement has been entered into so that the SMA can consider adopting the standards made by the SAA as mandatory standards under s. 162 of the Act.

The SAA has established technical committees (RC/1, RC/2, RC/3 & RC/4) to consider and draft standards concerning radiocommunications. The technical committees are drawn from relevant sections of industry, government and professional associations. In addition, the SAA consults widely with both industry and the community when preparing its standards. The SMA is satisfied that the SAA provides adequate public consultation for the purposes of s. 163 (1) of the Act.

The SAA published the following standard on 5 February 1996:

Australian/New Zealand Standard AS/NZS 4365:1996 "Radiocommunications equipment used in the UHF citizen band and personal radio service".

The Radiocommunications Standard (UHF CB Radio Transmitters) No. 1 of 1996 is made under s. 162(1) of the Act.

This instrument adopts the above standard AS/NZS 4365:1996. This standard was adopted by the SMA under s.314A of the Act as the relevant standard applicable to certain devices which are specified in clause 3 of the instrument. AS/NZS 4365:1996 is similar to, and will replace, an existing standard (Statutory Rules 1988 No. 69) made under the Radiocommunications Act 1983 and continued in force by the Radiocommunications (Transitional Provisions and Consequential Amendments) Act 1992. Therefore no additional requirements are expected to be placed upon industry by the making of the s.162 instrument.

The transmitting equipment used in UHF CB Radio Service is intended to provide the general community with 'free' access to the radiofrequency spectrum for the purposes for conducting radiocommunications. Users of the equipment include volunteer bushfire brigades, rescue organisations, farmers, the trucking community and radio enthusiasts.

Notes on the instrument

Clause 1 - Citation

Clause 1 is a citation provision.

Clause 2 - Interpretation

Clause 2 defines the terms used in the instrument.

Clause 3 - Standard for certain transmitters operating at frequencies exceeding 30 MHz

This clause provides that the standard for transmitters which operate on specified UHF CB frequencies is Australian/New Zealand standard AS/NZS 4365:1996, other than certain parts of that standard and subject to certain modifications set out in subclause (2).

 

Overview

The Radiocommunications Standard (UHF CB Radio Transmitters) No. 1 of 1996 was enacted to address the need for consistent and reliable standards for ultra-high-frequency (UHF) citizen band (CB) radio transmitters in Australia, ensuring that these devices perform well and do not interfere with other radio communications. This instrument was made under the authority of the Spectrum Management Agency (SMA), established pursuant to the Radiocommunications Act 1992. The overarching policy objective is to maintain a balanced and efficient use of the radio spectrum while ensuring that devices used in the UHF CB service operate without causing harmful interference to other radio services. The SMA adopted the Australian/New Zealand Standard AS/NZS 4365:1996 to achieve these goals, ensuring that the standards are informed by comprehensive industry and community consultation. This standard effectively replaces an older standard, thereby streamlining and modernising the regulatory framework without imposing additional burdens on industry.

Scope and Application

The Radiocommunications Standard (UHF CB Radio Transmitters) No. 1 of 1996 applies to the performance and maximum permitted level of radio emissions from devices used in the UHF citizen band radio service, specifically transmitters operating at frequencies exceeding 30 MHz. This legislation, made under the Radiocommunications Act 1992, mandates that these devices adhere to the Australian/New Zealand Standard AS/NZS 4365:1996, ensuring that they do not cause interference to other radiocommunications or to their own uses and functions. The Spectrum Management Agency (SMA), as the responsible authority, ensures that the standards include requirements to contain interference and establish adequate immunity from electromagnetic disturbances. The SMA adopts this standard to maintain an orderly and efficient use of the radiofrequency spectrum, facilitating the operation of the equipment by users such as volunteer bushfire brigades, rescue organisations, farmers, the trucking community, and radio enthusiasts. The instrument includes modifications to certain parts of the adopted standard, as specified in clause 3, to align with the legislative framework.

Key Provisions

The Radiocommunications Standard (UHF CB Radio Transmitters) No. 1 of 1996 outlines the specific requirements and standards for the performance and emissions of UHF CB radio transmitters operating in Australia. Under Section 162(1) of the Radiocommunications Act 1992, the Spectrum Management Agency (SMA) has the authority to establish standards for the performance of specified devices or the maximum permitted levels of radio emissions from devices, excluding those specified in Chapter 3 of the Act. These standards aim to prevent interference with radiocommunications and other device functions, ensuring adequate immunity from electromagnetic disturbances. The SMA, pursuant to Section 163(1) of the Act, must provide an opportunity for interested parties to make representations about proposed standards and consider any submissions received. Additionally, the SMA can enter into arrangements with bodies such as the Standards Association of Australia (SAA) to facilitate public consultation and the preparation of standards. The obligations imposed by the Radiocommunications Standard (UHF CB Radio Transmitters) No. 1 of 1996 include adherence to the specified Australian/New Zealand Standard AS/NZS 4365:1996 for UHF CB radio transmitters. This standard, adopted under Section 314A of the Act, applies to certain devices as outlined in clause 3 of the instrument. Manufacturers, suppliers, and users of UHF CB radio transmitters must ensure their devices comply with the specified standard to avoid interference and maintain operational integrity. The SMA has also outlined labelling requirements under Section 182(1)(a) of the Act, which mandate that devices conforming to the adopted standard must bear appropriate markings indicating compliance. Failure to comply with the standards set forth in the Radiocommunications Standard (UHF CB Radio Transmitters) No. 1 of 1996 can result in various penalties and consequences. Offences related to the use, supply, and possession of nonstandard devices are detailed in Sections 157-161 of the Radiocommunications Act 1992. These sections may impose fines and other civil or criminal penalties for violations. Additionally, devices that do not meet the specified standard may be subject to confiscation and other enforcement actions. The severity of penalties can vary depending on the nature and extent of the non-compliance, with significant repercussions for both individuals and businesses found in breach of the standards.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.