Radiocommunications (UHF CB Radio Equipment) Standard 2004

Administered by Department of Communications and the Arts

Legislation au F2005B00096 Not in force Legislative Instrument

Legislation content

Radiocommunications (UHF CB Radio Equipment) Standard 2004

as amended

made under subsection 162 (1) of the

Radiocommunications Act 1992

This compilation was prepared on 24 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 Name of Standard [see Note 1]

 2 Commencement [see Note 1]

 3 Revocation 

 4 Definitions 

 5 Application 

 6 Standard for performance 

 7 Compliance with this Standard — devices complying with former Standard             

 8 Effect of amendment of standard for performance 

Notes   

 

 

 

 

1 Name of Standard [see Note 1]

  This Standard is the Radiocommunications (UHF CB Radio Equipment) Standard 2004.

2 Commencement [see Note 1]

  This Standard commences on the date of its notification in the Gazette.

3 Revocation

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

4 Definitions

  In this Standard:

Act means the Radiocommunications Act 1992.

AS/NZS 4365:2002 means the standard of that name published by Standards Australia, as in force from time to time.

carrier frequency means a carrier frequency mentioned in a column headed ‘Carrier frequency MHz’ in table 1 of AS/NZS 4365:2002.

model, of a radiocommunications device, means a version of the device that has a particular design and identifying number.

repeater station means a station that is capable of the reception and simultaneous automatic re-transmission of radio signals from a CB station.

UHF means a frequency that exceeds 300 MHz but does not exceed 3 GHz.

UHF CB radio equipment means a radiocommunications device, other than a repeater station, that is operated on a carrier frequency to provide a Citizen Band Radio service in the UHF band.

5 Application

 (1) This Standard applies to a radiocommunications device:

 (a) that is UHF CB Radio equipment; 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.

6 Standard for performance

 (1) For paragraph 162 (1) (a) of the Act, the standard for performance is the standard set out in AS/NZS 4365:2002:

 (a) other than the following provisions:

 (i) paragraph 1 (b) (Multi-role devices);

 (ii) subclause 3.11 (Multi-role devices);

 (iii) subclause 5.1 (Equipment markings); and

 (b) as modified by subsections (2) and (3).

 (2) Subclause 5.7 of AS/NZS 4365:2002 is modified by omitting the words ‘or of the general user radio licence (GURL)(New Zealand)’ in the second paragraph.

 (3) AS/NZS 4365:2002 is modified by adding, after subclause 5.9, the following subclause:

   5.10 Call tone facility

   If a call tone facility is provided on the equipment, it must not last  longer than 3 seconds in any 60 second period.

7 Compliance with this Standard — devices complying with former Standard

 (1) This section has effect despite the revocation of Radiocommunications Standard (UHF CB Radio Transmitters) No. 1 of 1996 (the former Standard).

 (2) If UHF CB radio equipment of a particular model was manufactured, imported, altered or modified before the commencement of this Standard, the device is taken to comply with this Standard if it complied with the former Standard when it was manufactured, imported, altered or modified.

 (3) If UHF CB radio equipment of that model is manufactured, imported, altered or modified on or after the commencement of this Standard, the device is taken to comply with this Standard if it complies with the former Standard when it is manufactured, imported, altered or modified.

8 Effect of amendment of standard for performance

 (1) If UHF CB radio equipment is manufactured, imported, altered or modified within 1 year after the standard for performance is amended, the device is taken to meet the standard for performance if it meets that standard as in force immediately before the amendment.

 (2) UHF CB radio equipment that is manufactured, imported, altered or modified 1 year or more after the standard for performance is amended must meet the standard for performance as amended.

Notes to the Radiocommunications (UHF CB Radio Equipment) Standard 2004

Note 1

The Radiocommunications (UHF CB Radio Equipment) Standard 2004 (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 (UHF CB Radio Equipment) Standard 2004

1 Sept 2004 (see Gazette 2004, No. GN35)

1 Sept 2004

 

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. 5.................

rs. 2005 No. 1

 

 

Overview

The Radiocommunications (UHF CB Radio Equipment) Standard 2004 was enacted to provide regulations concerning the use of UHF Citizen Band (CB) radio equipment in Australia, under subsection 162(1) of the Radiocommunications Act 1992. This legislative instrument was created by the Parliament of Australia and aims to ensure the safety and compliance of UHF CB radio equipment with specified performance standards. The Standard was introduced to address the need for updated and specific regulations governing the performance and usage of UHF CB radio equipment, replacing the outdated Radiocommunications Standard (UHF CB Radio Transmitters) No. 1 of 1996. It outlines the performance standards for UHF CB radio equipment, specifies the application of these standards, and includes provisions for compliance and transitional measures to accommodate equipment manufactured or modified before the enactment of this Standard.

Scope and Application

The Radiocommunications (UHF CB Radio Equipment) Standard 2004 applies to radiocommunications devices that fall under the category of UHF CB radio equipment, which includes any device operated on a carrier frequency to provide a Citizen Band Radio service in the UHF band, excluding repeater stations. The Standard applies to these devices regardless of whether they are manufactured, imported, altered, or modified within Australia, subject to a specific exception for devices imported for use at a significant event. The Standard references the Australian/New Zealand Standard AS/NZS 4365:2002 as the benchmark for performance, with certain modifications to particular clauses to adapt it to the Australian context, such as the omission of references to New Zealand licensing and the addition of a clause restricting the duration of call tone facilities. Transitional provisions allow for devices manufactured, imported, altered, or modified before the commencement of this Standard to be deemed compliant if they met the requirements of the former Radiocommunications Standard (UHF CB Radio Transmitters) No. 1 of 1996, or for a period of one year after an amendment to the performance standard. This Standard is in effect throughout Australia, governed by the Radiocommunications Act 1992, and applies to all relevant devices across the Commonwealth.

Key Provisions

The Radiocommunications (UHF CB Radio Equipment) Standard 2004 (sections 1-8) sets out the regulatory framework for UHF CB radio equipment in Australia, effective from its notification in the Gazette on 1 September 2004. The Standard outlines the performance requirements for UHF CB radio equipment, which must comply with the AS/NZS 4365:2002 standard with certain exclusions and modifications (section 6). Specifically, the Standard excludes provisions related to multi-role devices, equipment markings, and the general user radio licence (GURL) of New Zealand, while also modifying the call tone facility requirement to ensure it does not exceed three seconds in any 60-second period (section 6(2)-(3)). Additionally, the Standard provides for the continued compliance of devices that were manufactured, imported, altered, or modified under the former Radiocommunications Standard (UHF CB Radio Transmitters) No. 1 of 1996, provided they met the former Standard at the time of manufacture, import, alteration, or modification (section 7). The obligations imposed by the Standard on the parties and entities it governs include adherence to the performance requirements set out in the AS/NZS 4365:2002 standard, with specific exclusions and modifications (section 6). Manufacturers, importers, and other parties involved in the production or distribution of UHF CB radio equipment must ensure that their devices comply with the Standard. This includes avoiding the use of call tones lasting longer than three seconds in any 60-second period if a call tone facility is provided (section 6(3)). Furthermore, entities must ensure that devices manufactured, imported, altered, or modified before the commencement of this Standard continue to comply with the requirements if they met the former Standard at the time of manufacture, import, alteration, or modification (section 7). Breaches of the Radiocommunications (UHF CB Radio Equipment) Standard 2004 may lead to civil or criminal consequences, as the Standard is made under subsection 162(1) of the Radiocommunications Act 1992. While the specific penalties are not outlined in the Standard itself, the Act provides for various penalties, including fines and imprisonment, for non-compliance with radiocommunications standards. The exact penalties depend on the nature and severity of the breach, as well as any applicable state or territory laws. It is important for manufacturers, importers, and other parties involved in the production or distribution of UHF CB radio equipment to be aware of their obligations under the Standard to avoid potential legal consequences.

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