Schedule 1—Amendments

Radiocommunications (Electromagnetic Radiation — Human Exposure) Standard 2014 (F2014L00960)

1 Subsection 5(1) (definition of ARPANSA Standard)

Repeal the definition, substitute:

ARPANSA Standard means:

(a) the Radiation Protection Standard for Maximum Exposure Levels to Radiofrequency Fields – 3 kHz to 300 GHz published by the Australian Radiation Protection and Nuclear Safety Agency; or

(b) if a later document published by the Australian Radiation Protection and Nuclear Safety Agency is expressed to replace the standard mentioned in paragraph (a) – the later document.

2 Subsection 5(1) (definition of AS/NZS 2772.2, including the note)

Repeal the definition and the note, substitute:

AS/NZS 2772.2 means:

(a) the Australian Standard/New Zealand Standard AS/NZS 2772.2:2016 Radiofrequency fields: Part 2: Principles and methods of measurement and computation – 3 kHz to 300 GHz, published by Standards Australia; or

(b) if a later document published by Standards Australia is expressed to replace the standard mentioned in paragraph (a) – the later document.

Note AS/NZS 2772.2 may be obtained for a fee from a Standards Australia distributor listed on the Standards Australia website (https://www.standards.org.au/search-for-a-standard) or or can otherwise be made available for viewing on prior request at an ACMA office, subject to licensing conditions.

3 Subsection 5(1) (definition of EN 62209‑1, including the note)

Repeal the definition and the note, substitute:

EN 62209-1 means:

(a) the Measurement procedure for the assessment of specific absorption rate of human exposure to radio frequency fields from hand-held and body-mounted wireless communication devices – Part 1: Devices used next to the ear (Frequency range of 300 MHz to 6 GHz), published by the European Committee for Electrotechnical Standardisation (CENELEC); or

(b) if a later document published by the European Committee for Electrotechnical Standardisation (CENELEC) is expressed to replace the document mentioned in paragraph (a) – the later document.

Note EN 62209‑1 is a European Union harmonised standard based on IEC 62209‑1, a standard developed by Technical Committee TC106 of the International Electrotechnical Commission (IEC). Australia has active representation on TC106 through the participation of Standards Australia (http://www.standards.org.au/). EN 62209-1 may be obtained for a fee from a Standards Australia distributor listed on the Standards Australia website (https://www.standards.org.au/search-for-a-standard) or can otherwise be made available for viewing on prior request at an ACMA office, subject to licensing conditions.

4 Subsection 5(1) (definition of EN 62209-2, including the note)

Repeal the definition and the note, substitute:

EN 62209-2 means:

(a) Human exposure to radio frequency fields from hand-held and body-mounted wireless communication devices — Human models, instrumentation, and procedures — Part 2: Procedure to determine the specific absorption rate (SAR) for wireless communication devices used in close proximity to the human body (frequency range of 30 MHz to 6 GHz), published by the European Committee for Electrotechnical Standardisation (CENELEC); or

(b) if a later document published by the European Committee for Electrotechnical Standardisation (CENELEC) is expressed to replace the document mentioned in paragraph (a) – the later document.

Note EN 62209‑2 is a European Union harmonised standard based on IEC 62209‑2, a standard developed by Technical Committee TC106 of the International Electrotechnical Commission (IEC). Australia has active representation on TC106 through the participation of Standards Australia (http://www.standards.org.au/). EN 62209-2 may be obtained for a fee from a Standards Australia distributor listed on the Standards Australia website (https://www.standards.org.au/search-for-a-standard) or can otherwise be made available for viewing on prior request at an ACMA office, subject to licensing conditions.

5 Subsection 5(1) (definition of IEC 62209‑1, including the note)

Repeal the definition and the note, substitute:

IEC 62209-1 means:

(a) the Measurement procedure for the assessment of specific absorption rate of human exposure to radio frequency fields from hand-held and body-mounted wireless communication devices – Part 1: Devices used next to the ear (Frequency range of 300 MHz to 6 GHz), published by the International Electrotechnical Commission (IEC); or

(b) if a later document published by the International Electrotechnical Commission (IEC) is expressed to replace the document mentioned in paragraph (a) – the later document.

Note IEC 62209-1 was developed by Technical Committee TC106 of the International Electrotechnical Commission (IEC). Australia has active representation on TC106 through the participation of Standards Australia (http://www.standards.org.au/). IEC 62209-1 may be obtained for a fee from a Standards Australia distributor listed on the Standards Australia website (https://www.standards.org.au/search-for-a-standard) or can otherwise be made available for viewing on prior request at an ACMA office, subject to licensing conditions.

6 Subsection 5(1) (definition of IEC 62209-2, including the note)

Repeal the definition and the note, substitute:

IEC 62209-2 means:

(a) Human exposure to radio frequency fields from hand-held and body-mounted wireless communication devices — Human models, instrumentation, and procedures — Part 2: Procedure to determine the specific absorption rate (SAR) for wireless communication devices used in close proximity to the human body (frequency range of 30 MHz to 6 GHz), published by the International Electrotechnical Commission (IEC); or

(b) if a later document published by the International Electrotechnical Commission (IEC) is expressed to replace the document mentioned in paragraph (a) – the later document.

Note IEC 62209-2 was developed by Technical Committee TC106 of the International Electrotechnical Commission (IEC). Australia has active representation on TC106 through the participation of Standards Australia (http://www.standards.org.au/). IEC 62209-2 may be obtained for a fee from a Standards Australia distributor listed on the Standards Australia website (https://www.standards.org.au/search-for-a-standard) or can otherwise be made available for viewing on prior request at an ACMA office, subject to licensing conditions.

7 Subsection 5(2)

Repeal the subsection, substitute:

(2) In this instrument, unless the contrary intention appears:

(a) a reference to another legislative instrument is a reference to that other legislative instrument as in force from time to time; and

(b) a reference to any other kind of instrument or writing is a reference to that other instrument or writing as in force or existing from time to time.

Note 1 For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.

Note 2 All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.

Note 3 See section 314A of the Act.

8 After section 7

Insert:

7A Transitional arrangements for three months after commencement of the Radiocommunications (Electromagnetic Radiation — Human Exposure) Amendment Standard 2019 (No. 1)

(1) If a device to which this Standard applies is manufactured or imported not later than 3 months after the commencement of the Radiocommunications (Electromagnetic Radiation — Human Exposure) Amendment Standard 2019 (No. 1), the device will be taken to comply with this Standard if it complies with this Standard as in force immediately before the commencement of the Radiocommunications (Electromagnetic Radiation — Human Exposure) Amendment Standard 2019 (No. 1).

(2) If a device to which this Standard applies has been altered or modified in a material respect at a time that is both:

(a) after its manufacture or, if it has been imported, after its importation; and

(b) not later than 3 months after the commencement of the Radiocommunications (Electromagnetic Radiation — Human Exposure) Amendment Standard 2019 (No. 1);

the device will be taken to comply with this Standard if it complies with this Standard as in force immediately before the commencement of the Radiocommunications (Electromagnetic Radiation — Human Exposure) Amendment Standard 2019 (No. 1).

9 Subsection 9(1)

Omit “This section”, substitute “Subject to section 9A, this section”.

10 Paragraph 9(1)(b)

Omit “3GHz”, substitute “6GHz”.

11 After section 9

Insert:

9A Transitional arrangements for measurement methods for performance standards: aware user device or non‑aware user device in close proximity to the human ear

(1) This section applies to an aware user device or non‑aware user device to which this Standard applies that:

(a) is designed to be used or held with the radiating part of the aware user device or non‑aware user device in close proximity to the human ear; and

(b) transmits on a frequency in the frequency band 300MHz to 3GHz (inclusive); and

(d) was either:

(i) manufactured or imported not later than 3 months after the commencement of the Radiocommunications (Electromagnetic Radiation — Human Exposure) Amendment Standard 2019 (No. 1); or

(ii) altered or modified in a material way not later than 3 months after the commencement of the Radiocommunications (Electromagnetic Radiation — Human Exposure) Amendment Standard 2019 (No. 1).

(2) The measurement methods to determine if the aware user device or non-aware user device meets the standard of performance in subsection 8(1) or 8(2) are those described by:

(a) section 9 of this Standard as in force immediately before the commencement of the Radiocommunications (Electromagnetic Radiation — Human Exposure) Amendment Standard 2019 (No. 1); or

(b) section 9 of this Standard as in force from time to time.

12 Paragraph 10(1)(b)

Omit “150MHz to 5.8GHz”, substitute “30MHz to 6GHz”.