Radiocommunications Standard (VHF Radiotelephone Equipment - Maritime Mobile Service) No. 1 of 1997

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Radiocommunications Standard (VHF Radiotelephone EquipmentMaritime Mobile
Service) No. 1 of 1997 1997 No. 27
 

EXPLANATORY STATEMENT

Statutory Rules 1997 No. 27

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

Radiocommunications Standard (VHF Radiotelephone EquipmentMaritime Mobile Service) No. 1 of 1997

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 non-standard 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 August 1996:

Australian/New Zealand Standard AS/NZS 4415:1996 "Radiotelephone transmitters and receivers for the maritime mobile service operating in the VHF bands-Technical characteristics and methods of measurement". This standard was amended by the SAA in August 1995.

The Radiocommunications (VHF Radiotelephone Equipment-Maritime Mobile Service) No. 1 of 1997 is made under s.162(1) of the Act.

This instrument adopts the above standard AS/NZS 4415:1996. 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 2 of the instrument. AS/NZS 4415:1996 is similar to, and will replace, an existing standard (Statutory Rules 1990 No. 263) 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 radio equipment covered under the standard is used in the maritime community for distress/safety purposes and also for normal operational needs. Fitment of the equipment is mandatory for certain, types of vessels.

Notes on the instrument

Clause 1 - Citation

Clause 1 is a citation provision.

Clause 2 - Application

Clause 2 sets out the devices to which the standard applies.

Clause 3 - Standard

This clause provides that the standard for the applicable devices is Australian/New Zealand standard AS/NZS 4415:1996, other than certain parts of that standard and subject to certain modifications set out in subclause (2).

 

Overview

The Radiocommunications Standard (VHF Radiotelephone Equipment Maritime Mobile Service) No. 1 of 1997 was enacted to address the need for a unified standard for VHF radiotelephone equipment used in the maritime mobile service, ensuring compatibility and safety in maritime communications. This instrument was made under the Radiocommunications Act 1992, with the Spectrum Management Agency (SMA) authorised to set performance and emission standards for devices within specified parts of the radio spectrum. The SMA adopted the Australian/New Zealand Standard AS/NZS 4415:1996, replacing an earlier standard to streamline regulatory requirements and maintain the high safety and operational standards necessary for maritime communications. The SMA ensured that interested parties had adequate opportunity to make representations and considered these in preparing the standard. The SMA entered a Memorandum of Understanding with the Standards Association of Australia to facilitate public consultation and standard preparation, aligning with the objectives of the Radiocommunications Act 1992.

Scope and Application

The Radiocommunications Standard (VHF Radiotelephone EquipmentMaritime Mobile Service) No. 1 of 1997, made under the Radiocommunications Act 1992, applies to specific devices used in the maritime mobile service operating in the Very High Frequency (VHF) bands. These devices, which are integral to maritime operations for both distress and safety purposes as well as for regular operational needs, are required to meet the standards stipulated in the Australian/New Zealand Standard AS/NZS 4415:1996. The legislation mandates the use of this standard for particular types of vessels, ensuring the reliability and safety of communication equipment in maritime environments. The standard was developed through extensive consultation with industry, government, and professional associations, facilitated by the Standards Association of Australia (SAA), and has been adopted to replace an existing standard from the Radiocommunications Act 1983. The Act provides the Spectrum Management Agency (SMA) with the authority to make standards for the performance and emissions of devices, and it ensures that public consultation is conducted to allow interested parties to provide feedback on proposed standards. Any non-compliance with the standards set out in this legislation can lead to offences under the Radiocommunications Act 1992, highlighting the importance of adherence to these maritime communication standards.

Key Provisions

The Radiocommunications Standard (VHF Radiotelephone Equipment-Maritime Mobile Service) No. 1 of 1997 establishes specific performance and emission standards for VHF radiotelephone equipment used in the maritime mobile service. According to Section 162(1) of the Radiocommunications Act 1992, these standards pertain to the performance of specified devices and the maximum permitted level of radio emissions from devices within specified parts of the spectrum. The standard adopted is the Australian/New Zealand Standard AS/NZS 4415:1996, which sets technical characteristics and methods of measurement for radiotelephone transmitters and receivers operating in the VHF bands. The Spectrum Management Agency (SMA) is mandated under Section 162(3) of the Act to ensure that these standards include requirements to contain interference to radiocommunications and to establish adequate immunity from electromagnetic disturbances. Entities and individuals subject to this Act must ensure that any VHF radiotelephone equipment used in the maritime mobile service complies with the standards set out in AS/NZS 4415:1996. This includes vessels that are required to fit such equipment for distress and safety purposes. The SMA has entered into a Memorandum of Understanding with the Standards Association of Australia (SAA) to facilitate public consultation and the preparation of these standards. The SMA must, under Section 163(1) of the Act, ensure that interested parties have an adequate opportunity to make representations about the proposed standard, and that these representations are given due consideration. Failure to comply with the standards set out in this instrument may result in legal consequences. Sections 157-161 of the Radiocommunications Act 1992 outline offences related to the use, supply, and possession of non-standard devices. Penalties for these offences can include fines and other sanctions as specified under the Act. Additionally, devices to which these standards apply may be subject to labelling requirements under Section 182(1)(a) of the Act. Non-compliance with these labelling requirements can also result in penalties, further emphasising the importance of adhering to the prescribed standards. In summary, the Radiocommunications Standard (VHF Radiotelephone Equipment-Maritime Mobile Service) No. 1 of 1997 sets forth mandatory performance and emission standards for VHF radiotelephone equipment used in the maritime mobile service. Compliance with these standards is essential for ensuring the safety and effectiveness of maritime communications. The SMA has ensured that public consultation is incorporated into the standard-setting process, and failure to comply with these standards can result in significant penalties under the Radiocommunications Act 1992.

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