Radiocommunications Equipment (General) Amendment Rules 2023 (No. 1)

Dated: 23 February 2023

Chris Jose

[signed]

Member

Linda Caruso

[signed]

Member/General Manager

1  Name

  These are the Radiocommunications Equipment (General) Amendment Rules 2023 (No. 1).

2  Commencement

  This instrument commences the day after the day this instrument is registered on the Federal Register of Legislation.

Note: The Federal Register of Legislation may be accessed, free of charge, at www.legislation.gov.au.

3  Authority

  This instrument is made under subsection 156(1) of the Radiocommunications Act 1992.

4  Schedules

  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items of the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Amendments

(section 4)

Radiocommunications Equipment (General) Rules 2021 (F2021L00661)

1  Section 4 (heading)

Repeal the heading, substitute:

4  Interpretation

2  Subsection 4(1) (definition of compliance labelling notice, including the note)

Repeal the definition.

3  Subsection 4(1) (definition of general standard)

Omit “subsection (3)”, substitute “clause 3 of Schedule 5”.

4  Subsection 4(2)

Omit “equipment rules”.

5  Subsection 4(3) (including the note)

Repeal the subsection, substitute:

 (3) In this instrument, a standard is prescribed for a particular device if:

 (a) the standard is prescribed for a kind of equipment; and

 (b) the device is an item of that kind of equipment.

Note: If a standard is prescribed for a particular device, then the standard is applicable to the device for the purposes of paragraphs 107(1)(d), 133(2)(e) and 166(3)(d), and subparagraph 166(1)(b)(ii), of the Act.

 (4) In this instrument, unless the contrary intention appears, a reference to a frequency band includes all frequencies that are greater than but not including the lower frequency, up to and including the higher frequency.

6  Section 6

Before “Unless”, insert “(1)”.

7  Paragraph 6(1)(b)

Repeal the paragraph.

8  Subsection 6(1) (example)

Omit “a provision in the compliance labelling notice,”.

9  At the end of subsection 6(1)

Add:

 (2) However, nothing in:

 (a) this instrument; or

 (b) an instrument made under subsection 407(1) of the Telecommunications Act 1997; or

 (c) the EMC labelling notice;

  requires a person to apply the same label, in the same manner, to a device more than once.

Note: This subsection does not affect the requirements to be met before or after applying a label to a device.

Example: Both this instrument and an instrument made under subsection 407(1) of the Telecommunications Act 1997 require a person to apply a label to a particular device before supplying the device. The person complies with that requirement in both instruments by applying only one label to the device. This is because the form of the label and the way it is applied to meet that requirement in both instruments are the same. The person must still comply with the requirements in both instruments that must be met before applying a label, and after applying a label.

10  Section 7 (heading)

Omit “a standard”, substitute “EMC standard or EME standard”.

11  Subsection 7(1)

Omit “a standard if”, substitute “the EMC standard or the EME standard if”.

12  Paragraph 7(1)(a)

Omit “does not comply with a standard that was applicable to it when it was manufactured”, substitute “did not comply with the standard when the device was manufactured”.

13  Paragraph 7(1)(b)

Omit “does not comply with a standard that was applicable to it when it was so altered or modified”, substitute “did not comply with the standard when the device was so altered or modified”.

14  Subsection 7(2)

Omit “a standard if”, substitute “the EMC standard or the EME standard if”.

15  Paragraph 7(2)(a)

Omit “does not comply with a standard that was applicable to it when it was imported”, substitute “did not comply with the standard when the device was imported”.

16  Paragraph 7(2)(b)

Omit “does not comply with a standard that was applicable to it when it was so altered or modified”, substitute “did not comply with the standard when the device was so altered or modified”.

17  At the end of section 7

Add:

Note: For when a device complies with a general standard in relation to an industry document, see clause 4 of Schedule 5.

18  Section 8

Omit “The ACMA has made equipment rules that prescribe standards for equipment.”, substitute “Schedule 5 prescribes standards for equipment, referred to as general standards.”

19  Section 9

Repeal the section, substitute:

9  Object of this Part

  The object of this Part is to:

 (a) contain interference to radiocommunications; and

 (b) contain interference to any uses or functions of equipment.

20  Subsection 10(1)

Omit “applicable to it”, substitute “prescribed for it”.

21  Subsection 11(1)

Omit “applicable to it”, substitute “prescribed for it”.

22  Subsection 12(1)

Omit “applicable to it”, substitute “prescribed for it”.

23  Section 25

Omit “Compliance labelling notice”.

24  Subsections 25(1) and 25(2) (including the note)

Repeal the subsections.

25  Section 25

Omit “EME labelling requirements”, substitute “Labelling requirements in this instrument”.

26  Subsection 26(3)

Omit “25(1),”.

27  Section 27

Omit “Compliance labelling notice”.

28  Subsection 27(1)

Repeal the subsection.

29  Section 27

Omit “EME labelling requirements”, substitute “Labelling requirements in this instrument”.

30  Subsection 29(1) (including the example)

Repeal the subsection, substitute:

 (1) In this section, a post-label provision is a provision of the EMC labelling notice that imposes an obligation on a person to do a thing after a label has been applied to equipment.

31  Subsection 29(4)

Repeal the subsection.

32  Paragraph 38(4)(a)

Omit “applicable”.

33  Paragraph 38(4)(b)

Omit “applicable”.

34  Paragraph 38(4)(c)

Omit “applicable”.

35  Paragraph 39(3)(a)

Omit “applicable”.

36  Paragraph 39(3)(b)

Omit “applicable”.

37  Paragraph 39(3)(c)

Omit “applicable”.

38  Paragraph 48(f)

Repeal the paragraph, substitute:

 (f) subsection 54(1);

 (g) subsection 54A(1)

 (h) subsection 54B(1).

39  Subsection 54(1)

Omit “subsection 25(5), 25(6) or 27(3),”, substitute “subsection 25(5) or 25(6), or in section 27,”.

40  Subsection 54(3) (note)

Repeal the note, substitute:

Note: This exemption only applies in relation to labelling requirements for the general standards and the EME standard. A device mentioned in this exemption must still not be possessed, operated or supplied if it does not comply with the EME standard or any general standard that is prescribed for the device: see Parts 2 and 4 of this instrument.

41  After section 54

Add:

54A  Exemption – devices used for significant events

 (1) A person does not contravene a prohibition in Part 2 of this instrument in relation to a device if:

 (a) the device is imported solely for use in Australia in connection with a significant event; and

 (b) in a case where there is a requirement, imposed otherwise than by Part 2 of, or Schedule 5 to, the equipment rules (or by paragraph 5(1)(a), (2)(b) or (2)(c) of the LIPD class licence, to the extent that it relates to Part 2 of, or Schedule 5 to, the equipment rules), to the effect that the device is tested or inspected before it may be used in Australia – the requirement has been satisfied; and

 (c) in a case where there is a condition or requirement, imposed otherwise than by Part 2 of, or Schedule 5 to, the equipment rules (or by paragraph 5(1)(a), (2)(b) or (2)(c) of the LIPD class licence, to the extent that it relates to Part 2 of, or Schedule 5 to, the equipment rules), on the use or operation of the device in Australia, and the prohibition relates to causing radio emission to be made by the device – the device is only used or operated in compliance with that condition or requirement; and

 (d) the device is used or operated in Australia only at the location, and only during the period, of the significant event.

Note: If this exemption applies in relation to a device, it applies only in relation to general standards. Prohibitions in relation to the EMC standard and the EME standard may still apply in relation to the device.

 (2) For the purposes of this section, the ACMA may make a notifiable instrument that does all of the following:

 (a) declares a specified event to be a significant event;

 (b) specifies a period as the period of the significant event;

 (c) specifies a location as the location of the significant event.

Note: See also subsection (7).

 (3) Before making an instrument under subsection (2), the ACMA must have regard to:

 (a) the object of the Act; and

 (b) whether the instrument would be directed towards achieving any of the objectives set out in subsection 156(3) of the Act; and

 (c) the likelihood that:

 (i) a person will enter Australia temporarily to attend the event (regardless of the capacity in which the person attends the event); and

 (ii) the person will, when entering Australia, bring equipment into Australia for the purposes of attending the event; and

 (iii) the person will, when leaving Australia, take the equipment outside Australia; and

 (d) whether the organiser of the event has put, or proposes to put, in place any measures to minimise the risk of interference being caused by equipment in use at the event and, if so, the nature of those measures.

 (4) For paragraph (2)(b), the ACMA must not specify a period greater than 1 month.

 (5) If the ACMA makes an instrument under subsection (2), the ACMA must publish, on its website, a statement that a significant event has been declared, the period of the significant event and the location of the significant event.

 (6) A failure to comply with subsection (5) does not affect the validity of an instrument under subsection (2).

 (7) For the purposes of this section, if:

 (a) before the commencement of this section:

 (i) the Chair of the ACMA approved a notice that specified an event (relevant event) at a location (relevant location); and

 (ii) that notice was published on the ACMA’s website; and

 (b) the whole or a part of the relevant event occurs after that commencement;

  then:

 (c) the relevant event is a significant event; and

 (d) the period of 1 month beginning at the earlier of the following times:

 (i) the start of the relevant event; or

 (ii) the commencement of this section;

  is the period of the significant event; and

 (e) the relevant location is the location of the significant event.

 (8) In this section, LIPD class licence has the same meaning as in Schedule 5.

54B  Exemption – equipment imported from New Zealand

 (1) A person does not contravene a prohibition in Part 5 of this instrument that relates to the supply of a device if:

 (a) the device was imported from New Zealand; and

 (b) the device complies with New Zealand labelling legislation; and

 (c) a general standard is prescribed for the device; and

 (d) the device is not an applicable device.

 (2) For paragraph (1)(b), a device complies with New Zealand labelling legislation if:

 (a) the device complies, within the meaning of the New Zealand Radio Standards Notice, with each standard mentioned in Table 1 of that notice that applies to the device, which has a level of conformity of 1, 2, 3, A1, A2 or A3; and

 (b) the supplier of the device, within the meaning of the New Zealand Compliance Notice, has the documents mentioned in section 4 of that notice for level of conformity 1, 2, 3, A1, A2 or A3; and

 (c) the device is labelled with a compliance mark, within the meaning of the New Zealand Compliance Notice.

 (3) In this section:

applicable device has the same meaning as in Schedule 4.

New Zealand Compliance Notice means:

 (a) the Radiocommunications (Compliance) Notice 2020 made under paragraphs 32(1)(d) to (h) of the Radiocommunications Regulations 2001 of New Zealand; or

 (b) if a later document replaces that notice – the later document.

Note 1: The New Zealand Compliance Notice is available, free of charge, from the Radio Spectrum Management website at www.rsm.govt.nz.

Note 2: The Radiocommunications Regulations 2001 of New Zealand are available, free of charge, from the New Zealand legislation website at www.legislation.govt.nz.

New Zealand Radio Standards Notice means:

 (a) the Radiocommunications Regulations (Radio Standards) Notice 2020 made under paragraphs 32(1)(a), (b), (d) and (j) of the Radiocommunications Regulations 2001 of New Zealand; or

 (b) if a later document replaces that notice – the later document.

Note 1: The New Zealand Radio Standards Notice is available, free of charge, from the Radio Spectrum Management website at www.rsm.govt.nz.

Note 2: The Radiocommunications Regulations 2001 of New Zealand are available, free of charge, from the New Zealand legislation website at www.legislation.govt.nz.

42  At the end of section 57

Add:

 (4) If, before the commencement of this subsection, a person was registered on the database mentioned in section 11 of the Radiocommunications (Compliance Labelling – Devices) Notice 2014, as in force immediately before that commencement, the person is taken to be registered on the national database.

43  At the end of Schedule 2

Add:

Note: The RCM is a protected symbol (see section 166 of the Act).

44  Schedule 3 (heading)

Omit “in relation to human exposure to electromagnetic energy”.

45  Paragraph 1(b) of Schedule 3

Repeal the paragraph, substitute:

 (b) ensure that persons who operate equipment have access to information about the equipment;

 (c) contain interference to radiocommunications;

 (d) contain interference to any uses or functions of equipment.

46  Subclause 2(1) of Schedule 3 (definition of accredited testing body)

Repeal the definition (other than the notes), substitute:

accredited testing body, in relation to a document, or a standard prescribed for equipment, means a laboratory that is:

 (a) accredited by NATA to conduct testing against that document or standard; or

 (b) accredited, by a body that has entered into a mutual recognition arrangement with the International Laboratory Accreditation Cooperation, to conduct testing against:

 (i) that document or standard; or

 (ii) another document or requirement that is equivalent to that document or standard.

47  Subclause 2(1) of Schedule 3

Insert:

EME compliance level 1 device: see subclause (3).

EME compliance level 2 device means an applicable device that is:

 (a) not an EME compliance level 1 device; and

 (b) normally used more than 20 centimetres from the human body.

EME compliance level 3 device means an applicable device that is neither an EME compliance level 1 device nor an EME compliance level 2 device.

general compliance level 1 device means a device for which one of the following general standards is prescribed:

 (a) the Intelligent Transport Systems Standard;

 (b) the Short Range Equipment Standard.

Note: See clause 3 of Schedule 5.

general compliance level 2 device means a device that is not a general compliance level 1 device.

48  Subclause 2(1) of Schedule 3 (definition of high risk device)

Repeal the definition.

49  Subclause 2(1) of Schedule 3 (definition of low risk device)

Repeal the definition.

50  Subclause 2(1) of Schedule 3 (definition of medium risk device)

Repeal the definition.

51  Subclause 2(2) of Schedule 3

Repeal the subclause, substitute:

 (2) A device (the second device) is a variant of another device (the first device) if the second device is both:

 (a) not identical to the first device; and

 (b) sufficiently similar to the first device such that:

 (i) a standard that is prescribed for the first device is also prescribed for the second device; and

 (ii) if the first device complies with that standard, the second device also complies with that standard; and

 (iii) if the first device does not comply with that standard, the second device also does not comply with that standard.

52  Subclause 2(3) of Schedule 3

Omit “low risk device”, substitute “EME compliance level 1 device”.

53  After subclause 3(1) of Schedule 3

Insert:

Labelling an applicable device because of the EME standard

54  Subclause 3(4) of Schedule 3

Omit “this clause does”, substitute “subclauses (2) and (3) do”.

55  At the end of subclause 3(4) of Schedule 3

Add:

Labelling a device because of a general standard

 (5) If:

 (a) a device is manufactured in Australia; and

 (b) a general standard is prescribed for the device;

  the person who manufactured the device must apply a label to the device in accordance with this Part.

 (6) If:

 (a) a device is imported; and

 (b) a general standard is prescribed for the device;

  the person who imported the device must apply a label to the device in accordance with this Part.

Note: If both subclauses (2) and (5), or both subclauses (3) and (6), apply in relation to a device, see subsection 6(2).

56  Subclause 4(1) of Schedule 3

Omit “subclause 3(2)”, substitute “subclauses 3(2) and (5)”.

57  Subclause 4(2) of Schedule 3

Omit “subclause 3(3)”, substitute “subclauses 3(3) and (6)”.

58  After subclause 5(1) of Schedule 3

Insert:

 (1A) If the device is a wireless audio transmitter that is capable of operating in the frequency band 694 MHz to 820 MHz, the label must also include the following text in bold type:

  This device operates under an ACMA class licence and must comply with all conditions of that licence, including frequencies. In order to comply, this device must not be operated in the 694-820 MHz band.

Note: At the time this subclause commenced, Schedule 5 prescribed the Short Range Equipment Standard for wireless audio transmitters operated under the Radiocommunications (Low Interference Potential Devices) Class Licence 2015.

59  Subclause 5(2) of Schedule 3

Omit “that is accessible to a user of the device without the use of any specialised equipment”, substitute “that is readily accessible to a user of the device”.

60  Subclause 5(5) of Schedule 3

Omit “The label”, substitute “Subject to subclause (5A), the label”.

61  After subclause 5(5) of Schedule 3

Insert:

 (5A) If subclause (1A) applies, the part of the label referred to in subclause (1) must be at least 3 mm high and the other part of the label that must include the text in bold type referred to in subclause (1A) must be at least 5 mm high.

62  Paragraph 5(7)(c) of Schedule 3

Omit “(5)”, substitute “(5A)”.

63  Clause 7 of Schedule 3

Omit “each of clauses 8 to 12 sets out a requirement”, substitute “each of clauses 8 to 10 sets out one or more requirements”.

64  Paragraph 9(3)(c) of Schedule 3

Repeal the paragraph, substitute:

(c) if the device is an applicable device – declare that the device complies with the EME standard; and

65  Paragraph 9(3)(d) of Schedule 3

Repeal the paragraph (other than the note), substitute:

 (d) if the device is an EME compliance level 2 device or an EME compliance level 3 device – set out the measurement methods, assessment methods or computational methods, used to measure, assess or compute whether the device complies with the EME standard, in accordance with Part 3 of Schedule 4; and

 (e) if a general standard is prescribed for the device – declare that the device complies with the general standard.

66  At the end of clause 9 of Schedule 3

Add:

 (6) If the ACMA approved a form for a declaration of conformity for the purposes of the Radiocommunications (Compliance Labelling – Devices) Notice 2014, that form is taken to be approved under subclause (4), until the ACMA approves another form under subclause (4).

67  Clause 10 of Schedule 3

Repeal the clause, substitute:

10  Requirement – obtaining or creating documents

 (1) For a device mentioned in an item in the table, the person who manufactured the device in Australia, or who imported the device, must perform the acts specified in the item.

Note: A device may be mentioned in more than one item of the table. In that case, the person needs to perform the acts specified in each item. However, the acts specified in one item may satisfy some of the requirements of another item.

Example: A device is both an EME compliance level 2 device and a general compliance level 1 device. The person who imported the device must perform the acts specified in both items 1 and 2 of the table. However, the person needs to prepare only one description of the device that complies with subclause 13(1) to perform the act specified in item 1, and the act specified in paragraph (a) of item 2.

 (2) For the purposes of paragraph (b) of item 3 of the table, the following documents are specified in relation to the device and the general standard:

 (a) both:

 (i) written authority by the Federal Communications Commission of the United States of America for the device to operate in that country; and

 (ii) if the laws of the United States of America are inconsistent with a part of the general standard –  a written statement describing how the device has been altered to comply with that part of the general standard;

 (b) a test report in relation to the device’s compliance with the general standard that complies with subclause 13(2);

 (c) a manufacturer’s performance specifications for the device.

68  Clauses 11 and 12 of Schedule 3

Repeal the clauses.

69  Subclause 13(1) of Schedule 3

Omit “clauses 10, 11 and 12”, substitute “clause 10”.

70  Subclause 13(2) of Schedule 3

Omit “clauses 11 and 12”, substitute “clause 10”.

71  Paragraph 13(2)(b) of Schedule 3

Repeal the paragraph, substitute:

 (b) if the test report relates to the device’s compliance with the EME standard – state whether the device complies with the EME standard; and

72  Paragraph 13(2)(c) of Schedule 3

Repeal the paragraph, substitute:

 (c) if the test report relates to the device’s compliance with the EME standard – describe the methods or procedures used by the person who prepared the report to test whether the device complies with the EME standard; and

73  After paragraph 13(2)(c) of Schedule 3

Insert:

 (ca) if the test report relates to the device’s compliance with a general standard – state whether the device complies with the general standard; and

 (cb) if the test report relates to the device’s compliance with a general standard – describe the test conducted on the device; and

74  Paragraph 13(2)(d) of Schedule 3

Omit “that test”, substitute “each test described in the test report”.

75  Paragraph 13(2)(e) of Schedule 3

Repeal the paragraph, substitute:

 (e) if the test report relates to the device’s compliance with the EME standard – state whether the methods or procedures, used to test whether the device complies with the EME standard, comply with Part 3 of Schedule 4; and

76  Subparagraph 13(2)(f)(i) of Schedule 3

Omit “measurement methods or assessment methods”, substitute “measurement methods, assessment methods or computational procedures”.

77  Subparagraph 13(2)(f)(ii) of Schedule 3

After “methods”, insert “or procedures”.

78  Subparagraph 13(2)(f)(iii) of Schedule 3

After “methods”, insert “or procedures”.

79  Paragraph 14(2)(c) of Schedule 3

Omit “if the device is a medium risk device or a high risk device –”.

80  Paragraph 14(2)(c) of Schedule 3

After “test report”, insert “or other document”.

81  Paragraph 14(5)(d) of Schedule 3

Before “provides”, insert “if the first device is an applicable device –”.

82  After paragraph 14(5)(d) of Schedule 3

Insert:

 (da) for each general standard prescribed for the first device – provides a technical rationale for why the variant complies with the general standard; and

83  Paragraph 14(5)(e) of Schedule 3

Before “includes”, insert “if the first device is an applicable device –”.

84  At the end of clause 14 of Schedule 3

Add:

 (8) For the avoidance of doubt, a compliance record may be:

 (a) a copy of an original document; or

 (b) kept in electronic form.

85  At the end of Schedule 3

Add:

16  Requirement – applying a label for general standards– transitional provisions

 (1) For the purposes of subsection 28A(1) of this instrument, paragraph (2)(f) sets out a requirement to be met by a person after the person applies a label to a device in accordance with Part 2 of this Schedule.

 (2) If:

 (a) a device complies with the Radiocommunications (Compliance Labelling – Devices) Notice 2014, as in force immediately before the amendment day; and

 (b) before the amendment day, a person applied a label to the device in accordance with the Radiocommunications (Compliance Labelling – Devices) Notice 2014, as in force at the time the person applied the label to the device; and

 (c) before the person applied the label to the device, the person complied with Parts 2 and 2A of the Radiocommunications (Compliance Labelling – Devices) Notice 2014, as in force at the time the person applied the label to the device;

  then:

 (d) the person is taken to have applied a label to the device in accordance with Part 2 of this Schedule; and

 (e) the person is taken to have met the requirements in Part 3 of this Schedule before applying the label to the device; and

 (f) the person is required to comply with Part 4 of the Radiocommunications (Compliance Labelling – Devices) Notice 2014, as in force at the time the person applied the label to the device, as if that instrument had not been repealed.

 (3) In this clause, amendment day means the day the Radiocommunications Equipment (General) Amendment Rules 2023 (No. 1) commence.

86  Subclause 2(1) of Schedule 4

Insert:

IEC/IEEE 63195-1 means:

 (a) the document titled ‘IEC/IEEE 63195-1:2022 – Assessment of power density of human exposure to radio frequency fields from wireless devices in close proximity to the head and body (frequency range of 6 GHz to 300 GHz) – Part 1: Measurement procedure’, published by the International Electrotechnical Commission and the Institute of Electrical and Electronics Engineers; or

 (b) if a later document published by the International Electrotechnical Commission and the Institute of Electrical and Electronics Engineers is expressed to replace the document mentioned in paragraph (a) – the later document.

Note: IEC/IEEE 63195-1 may be obtained, for a fee, from a Standards Australia distributor listed on the Standards Australia website: www.standards.org.au. IEC/IEEE 63195-1 is also available to be viewed, on prior request, at an ACMA office, subject to licensing conditions.

IEC/IEEE 63195-2 means:

 (a) the document titled ‘IEC/IEEE 63195-2:2022 – Assessment of power density of human exposure to radio frequency fields from wireless devices in close proximity to the head and body (frequency range of 6 GHz to 300 GHz) – Part 2: Computational procedure’, published by the International Electrotechnical Commission and the Institute of Electrical and Electronics Engineers; or

 (b) if a later document published by the International Electrotechnical Commission and the Institute of Electrical and Electronics Engineers is expressed to replace the document mentioned in paragraph (a) – the later document.

Note: IEC/IEEE 63195-2 may be obtained, for a fee, from a Standards Australia distributor listed on the Standards Australia website: www.standards.org.au. IEC/IEEE 63195-2 is also available to be viewed, on prior request, at an ACMA office, subject to licensing conditions.

87  Subclause 2(1) of Schedule 4 (definition of IEC TR 63170)

Repeal the definition (including the note).

88  Subclause 2(1) of Schedule 4 (definition of SA TR IEC 63170)

Repeal the definition (including the note).

89  At the end of subclause 3(1) of Schedule 4

Add:

Note: EME is short for electromagnetic energy.

90  Paragraph 3(2)(b) of Schedule 4

After “measurement method”, insert “or computational procedure”.

91  Subclause 3(4) of Schedule 4

After “measurement methods”, insert “or computed in accordance with one or more of the computational procedures”.

92  Subclause 3(7) of Schedule 4

Omit “neither a measurement method nor an assessment method”, substitute “no measurement method, nor any computational procedure, nor any assessment method”.

93  Part 3 of Schedule 4 (heading)

After “Measurement methods”, insert “, computational procedures”.

94  Clause 4 of Schedule 4 (heading)

After “Measurement methods”, insert “, computational procedures”.

95  Subclause 4(1) of Schedule 4

After “measurement methods”, insert “, computational procedures”.

96  Subclause 4(2) of Schedule 4

After “measurement method”, insert “, computational procedure”.

97  Subclause 4(2) of Schedule 4

After “measurement methods”, insert “, computational procedures”.

98  Subclause 4(2) of Schedule 4 (table, heading to column 3)

After “Measurement methods”, insert “, computational procedures”.

99  Subclause 4(2) of Schedule 4 (table item 5, column 3)

Repeal the entry, substitute:

 (a) measurement methods set out in IEC/IEEE 63195-1; or

 (b) computational procedures set out in IEC/IEEE 63195-2

100  At the end of Schedule 4

Add:

6  Measurement methods – transitional provisions

 (1) If:

 (a) an applicable device:

 (i) was manufactured in Australia or imported before the amendment day; or

 (ii) is manufactured or imported not later than 12 months after the amendment day; and

 (b) item 5 of the table in clause 4, as in force immediately before the amendment day:

 (i) applied to the device; or

 (ii) would have applied to the device if the item continued to have the same effect on or after the amendment day;

  then, despite subclause 3(4), whether the device complies with the standard in subclause 3(2) must be:

 (c) measured in accordance with one or more of the measurement methods specified for the device in item 5 of the table in clause 4 as in force immediately before the amendment day; or

 (d) measured in accordance with one or more of the measurement methods or computed in accordance with one or more of the computational procedures specified for the device in item 5 of the table in clause 4 as in force on the amendment day.

 (2) If:

 (a) an applicable device:

 (i) was altered or modified in a material respect after it was manufactured in Australia or imported but before the amendment day; or

 (ii) is altered or modified in a material respect after it was manufactured in Australia or imported but not later than 12 months after the amendment day; and

 (b) item 5 of the table in clause 4, as in force immediately before the amendment day:

 (i) applied to the device, as altered or modified; or

 (ii) would have applied to the device, as altered or modified, if the item continued to have the same effect on or after the amendment day;

  then, despite subclause 3(4), whether the device complies with the standard in subclause 3(2) must be:

 (c) measured in accordance with one or more of the measurement methods specified for the device in clause 4 as in force immediately before the amendment day; or

 (d) measured in accordance with one or more of the measurement methods or computed in accordance with one or more of the computational procedures specified for the device in clause 4 as in force on the amendment day.

 (3) In this clause, amendment day means the day the Radiocommunications Equipment (General) Amendment Rules 2023 (No. 1) commence.

Schedule 5—General standards

(section 4)

Part 1—Preliminary

1  Object of this Schedule

  The object of this Schedule is to:

 (a) contain interference to radiocommunications; and

 (b) contain interference to any uses or functions of equipment.

2  Interpretation

 (1) In this Schedule:

amending document, in relation to an industry document, means a document:

 (a) published by the person, body or association that published the industry document; and

 (b) that amends the industry document.

CB class licence means:

 (a) the Radiocommunications (Citizen Band Radio Stations) Class Licence 2015; or

 (b) if a later instrument replaces that class licence – the later instrument.

Note: The Radiocommunications (Citizen Band Radio Stations) Class Licence 2015 is available, free of charge, from the Federal Register of Legislation at www.legislation.gov.au.

creation date, for a modified device, means the date a device or other thing was modified to create the modified device.

equivalent provision, in relation to a provision of an industry document (original provision), means:

 (a) if the industry document has been amended – any provision of the industry document, as amended, that has a substantially similar purpose or performs a substantially similar function as the original provision;

 (b) if there is a replacement document for the industry document – any provision of the replacement document that has a substantially similar purpose or performs a substantially similar function as the original provision.

included in a class of equipment: see clause 6.

industry document means a document specified in column 3 of the table at clause 3.

modified, in relation to a device or other thing, means modified or altered in a material respect:

 (a) after the device or other thing was manufactured in Australia or imported: and

 (b) by or on behalf of:

 (i) if the device or other thing was manufactured in Australia – the person who manufactured the device or other thing; or

 (ii) if the device or other thing was imported – the person who imported the device or other thing.

modified device means a device that has been modified and, for the avoidance of doubt, is the device as modified.

Note: Even if, at the time a device was manufactured in Australia or imported, no general standard was prescribed for the device, there may still be a general standard prescribed for the device as modified.

original device: see clause 6.

original modified device: see clause 6.

publication date, of a document published by a person, body or association, is the date on which the document is first published by the person, body or association.

relevant date: see clause 5.

replacement document, in relation to an industry document, means a document:

 (a) published by the person, body or association that published the industry document; and

 (b) that replaces the industry document.

short range equipment: see clause 54.

Short Range Equipment Standard: see subclause 3(2).

transition period: see subclause (2).

Note: Other words and phrases may be defined in another Part of this Schedule.

 (2) If an industry document is amended or replaced by another document, there is a transition period for the amending document or replacement document that starts on its publication date and lasts for 12 months.

Part 2—Prescribed standards and how equipment complies with standards

3  General standards prescribed for equipment

 (1) For the purposes of this instrument:

 (a) there is a general standard to be known by the name specified in an item of the following table; and

 (b) the requirements of the general standard are set out in clause 4 in relation to an industry document specified in the item, as modified by the provisions (if any) specified in the item; and

 (c) the general standard is prescribed for the equipment specified in the item.

Note: Words and phrases in the table may be defined in another Part of this Schedule.

 (2) For the purposes of this instrument:

(a) there is a general standard to be known as the Short Range Equipment Standard; and

(b) the requirements of the general standard are set out in clause 53; and

(c) the general standard is prescribed for short range equipment.

Note: For the avoidance of doubt, where a general standard is prescribed for equipment, the general standard is applicable to it.

4  Requirements to be met to comply with a general standard in relation an industry document

 (1) This clause:

 (a) sets out the requirements of a general standard named in an item of the table in subclause 3(1) in relation to an industry document; and

 (b) applies to a device that is an item of equipment for which the general standard is prescribed.

Note: See the definition of “industry document” in subclause (8).

 (2) A device must meet the requirements in subclause (4), (5) or (6) in relation to an industry document in order to comply with the general standard.

Note: Parts 2 and 5 of this instrument impose obligations and prohibitions in relation to equipment for which a general standard is prescribed.

 (3) However, unless the contrary intention appears, if there are 2 or more industry documents, a device is only required to meet the requirements in subclause (4), (5) or (6) in relation to one of those industry documents in order to comply with the general standard.

Note: Item 7 of the table at subclause 3(1) has a contrary intention.

Example: The device may meet the requirements in subclause (4), (5) or (6) in relation to 2 or more of those industry documents, but is not required to do so in relation to more than 1 of those industry documents in order to comply with the general standard.

 (4) A device meets the requirements of this subclause in relation to an industry document if the device complies with:

 (a) except in a case covered by paragraph (b) – the industry document as existing on the relevant date for the device; or

 (b) in a case where the relevant date is on or after the publication date of a replacement document for the industry document – the replacement document as existing on its publication date.

 (5) A device meets the requirements of this subclause in relation to an industry document if:

 (a) the industry document is amended or replaced by another document; and

 (b) the relevant date for the device occurs during the transition period for the amending document or replacement document; and

 (c) the device complies with:

 (i) the industry document as existing immediately before the publication date of the amending document or replacement document; or

 (ii) the industry document as amended and existing on the publication date of the amending document; or

 (ii) the replacement document as existing on its publication date.

Note: To avoid doubt, if the relevant date for a device occurs during more than one transition period for an amending document or replacement document, in relation of an industry document, the device may meet the requirements of this subclause in relation to any of those transition periods.

 (6) A device meets the requirements of this subclause in relation to an industry document if:

 (a) the device is included in a class of equipment; and

 (b) the original device, or the original modified device, of the class meets the requirements of subclause (4) or (5) in relation to the industry document.

 (7) Subclause (2) is subject to Part 16 of this Schedule.

 (8) In this clause:

device means a device to which this clause applies.

general standard means the general standard referred to in paragraph (1)(a).

industry document means an industry document specified in the item of the table in subclause 3(1) in which the general standard is named, as modified by the provisions (if any) specified in the item.

5  Relevant date for a device

  In this Schedule, a reference to the relevant date for a device is a reference to:

 (a) in the case of a device, other than a modified device – the date the device was manufactured in Australia or imported; or

 (b) in the case of a modified device – the creation date for the modified device.

6  Class of equipment

 (1) In this Schedule:

 (a) a device, other than a modified device, is included in a class of equipment if:

 (i) the device is identical to each other device in the class (irrespective of when the devices were manufactured in Australia or imported); and

 (ii) the device and each other device in the class were manufactured in Australia or imported by the same person; and

 (b) the original device, in relation to the class, is the device in the class that was the first to be manufactured in Australia or imported.

 (2) In this Schedule:

 (a) a modified device is included in a class of equipment if:

 (i) the modification made to create the device is identical to the modification made to create each other device in the class (irrespective of when the modifications were made);

 (ii) the modified device is, in all other respects, identical to each other device in the class (irrespective of when the devices were manufactured in Australia or imported); and

 (iii) the modified device and each other device in the class were manufactured in Australia or imported by the same person; and

 (b) the original modified device, in relation to the class, is the device in the class that was the first to be so modified.

Part 3—Analogue Speech (Angle Modulated) Equipment Standard

7  AS/NZS 4295

  In this Schedule, AS/NZS 4295 means AS/NZS 4295:2015 ‘Analogue speech (angle modulated) equipment operating in land mobile and fixed services bands in the frequency range 29.7 MHz to 1 GHz’, published by Standards Australia and Standards New Zealand.

Note: AS/NZS 4295 may be obtained, for a fee, from a Standards Australia distributor listed on the Standards Australia website at www.standards.org.au. AS/NZS 4295 is also available to be viewed, on prior request, at an ACMA office, subject to licensing conditions.

8  ETSI EN 300 086

  In this Schedule, ETSI EN 300 086 means ETSI EN 300 086 V2.1.2 (2016-08) ‘Land Mobile Service; Radio equipment with an internal or external RF connector intended primarily for analogue speech; Harmonised Standard covering the essential requirements of article 3.2 of the Directive 2014/53/EU’, published by the European Telecommunications Standards Institute.

Note: ETSI EN 300 086 is available, free of charge, from the website of the European Telecommunications Standards Institute at www.etsi.org.

9  Additional definition for Analogue Speech (Angle Modulated) Equipment Standard

  In this Schedule, analogue speech equipment means equipment that is:

 (a) one of the following:

 (i) an ambulatory station;

 (ii) a land mobile system station;

 (iii) a point to multipoint station;

 (iv) a point to point station;

 (v) a station on board a ship for the purpose of on-board communications; and

 (b) operated on a land mobile frequency within one of the following frequency bands:

 (i) for a station on board a ship for the purpose of on-board communications – 450 MHz to 479 MHz (inclusive);

 (ii) otherwise – 29.7 MHz to 520 MHz (inclusive); and

 (c) operated with a bandwidth of 12.5 kHz, 20 kHz or 25 kHz; and

 (d) equipment to which either:

 (i) AS/NZS 4295; or

 (ii) ETSI EN 300 086;

  applies, on its own terms; and

 (e) used to provide a land mobile service.

Note: At the time this clause commenced, a number of expressions used in this Part were defined in the Radiocommunications (Interpretation) Determination 2015, including:

(a) ambulatory station;

(b) land mobile frequency;

(c) land mobile service;

(d) land mobile system station;

(e) point to multipoint station;

(f) point to point station;

(g) ship;

(h) station.

10  Modification of ETSI EN 300 086

 (1) This clause modifies ETSI EN 300 086 for the purposes of the Analogue Speech (Angle Modulated) Equipment Standard.

 (2) A clause of ETSI EN 300 086, or any equivalent provision, only forms part of the Analogue Speech (Angle Modulated) Equipment Standard if:

 (a) both:

 (i) the clause is specified in an item of the table; and

 (ii) the circumstances set out in that item exist; or

 (b) the clause defines a word or phrase used in a clause covered by paragraph (a), or is otherwise necessary for the operation of the last-mentioned clause.

Part 4—HF CB and Handphone Equipment Standard

11  AS/NZS 4355

  In this Schedule, AS/NZS 4355 means AS/NZS 4355:2006 ‘Radiocommunications equipment used in the handphone and citizen band radio services operating at frequencies not exceeding 30 MHz’, published by Standards Australia and Standards New Zealand.

Note: AS/NZS 4355 may be obtained, for a fee, from a Standards Australia distributor listed on the Standards Australia website at www.standards.org.au. AS/NZS 4355 is also available to be viewed, on prior request, at an ACMA office, subject to licensing conditions.

12  ETSI EN 300 433

  In this Schedule, ETSI EN 300 433 means ETSI EN 300 433 V2.1.0 (2016-02) ‘Citizens’ Band (CB) radio equipment; Harmonised Standard covering the essential requirements of article 3.2 of the Directive 2014/53/EU’, published by the European Telecommunications Standards Institute.

Note: ETSI EN 300 433 is available, free of charge, from the website of the European Telecommunications Standards Institute at www.etsi.org.

13  Additional definitions for HF CB and Handphone Equipment Standard

  In this Schedule:

handphone equipment means equipment that is:

 (a) a handphone station; or

 (b) designed or intended:

 (i) to be carried personally; and

 (ii)  to operate on a carrier frequency, below 30 MHz, specified outside Australia for a purpose substantially similar to a regulated handphone service.

handphone station has the meaning given by:

 (a) the Radiocommunications (27 MHz Handphone Stations) Class Licence 2015; or

 (b) if a later instrument replaces that class licence – the later instrument.

Note: The Radiocommunications (27 MHz Handphone Stations) Class Licence 2015 is available, free of charge, from the Federal Register of Legislation at www.legislation.gov.au.

HF CB radio equipment means equipment that is:

 (a) a HF CB station; or

 (b) designed or intended to operate on a carrier frequency specified outside Australia for a purpose substantially similar to a HF CB service.

HF CB service means a service involving radiocommunication between HF CB stations.

HF CB station means a station operating on a channel mentioned in Part 1 of Schedule 1 to the CB class licence.

regulated handphone service means a service involving radiocommunication between handphone stations.

Note 1: At the time this clause commenced, station was defined in the Radiocommunications (Interpretation) Determination 2015.

Note 2: In this Part, “carrier” is not intended to have the meaning given by the Radiocommunications (Interpretation) Determination 2015.

14  Modification of ETSI EN 300 433

 (1) This clause modifies ETSI EN 300 433 for the purposes of the HF CB and Handphone Equipment Standard.

 (2) A clause of ETSI EN 300 433, or any equivalent provision, only forms part of the HF CB and Handphone Equipment Standard if:

 (a) both:

 (i) the clause is specified in an item of the table; and

 (ii) the circumstances set out in that item exist; or

 (b) the clause defines a word or phrase used in a clause covered by paragraph (a), or is otherwise necessary for the operation of the last-mentioned clause.

Part 5—MF and HF Equipment – Land Mobile Service Standard

15  AS/NZS 4770

  In this Schedule, AS/NZS 4770 means AS/NZS 4770:2000 ‘MF and HF radiocommunications equipment in the land mobile service utilizing single sideband suppressed carrier emission’, published by Standards Australia and Standards New Zealand.

Note: AS/NZS 4770 may be obtained, for a fee, from a Standards Australia distributor listed on the Standards Australia website at www.standards.org.au. AS/NZS 4770 is also available to be viewed, on prior request, at an ACMA office, subject to licensing conditions.

16  Additional definitions for MF and HF Equipment – Land Mobile Service Standard

  In this Schedule:

J3E mode means a mode of emission with the basic characteristic of a single sideband amplitude modulated suppressed carrier on a single channel, containing primarily analogue telephony information.

Note: At the time this clause commenced, Appendix 1 of the Radio Regulations set out the method to be used for determining the designation of a radiocommunications transmitter’s emission. J3E may be part of the designation of a radiocommunications transmitter’s emission.

MF and HF land mobile equipment means equipment that is:

 (a) used with a land mobile service; and

 (b) operated in the frequency band 2 MHz to 30 MHz; and

 (c) operated in J3E mode.

Note 1: At the time this clause commenced, a number of expressions used in this Part were defined in the Radiocommunications (Interpretation) Determination 2015, including:

(a) land mobile service;

(b) single sideband.

Note 2: In this Part, “carrier” is not intended to have the meaning given by the Radiocommunications (Interpretation) Determination 2015.

Part 6—Paging Service Equipment Standard

17  ETSI EN 300 224

  In this Schedule, ETSI EN 300 224 means ETSI EN 300 224 V2.1.1 (2017-06) ‘Land Mobile Service; Radio Equipment for use in a Paging Service operating within the frequency range 25 MHz – 470 MHz; Harmonised Standard covering the essential requirements of article 3.2 of Directive 2014/53/EU’, published by the European Telecommunications Standards Institute.

Note: ETSI EN 300 224 is available, free of charge, from the website of the European Telecommunications Standards Institute at www.etsi.org.

18  Additional definition for Paging Service Equipment Standard

  In this Schedule, paging service equipment means equipment that is:

 (a) a paging system station; and

 (b) operated on a frequency band set out in ETSI EN 300 224.

Note: At the time this clause commenced, paging system station was defined in the Radiocommunications (Interpretation) Determination 2015.

19  Modification of ETSI EN 300 224

 (1) This clause modifies ETSI EN 300 224 for the purposes of the Paging Service Equipment Standard.

 (2) A clause of ETSI EN 300 224, or any equivalent provision only forms part of the Paging Service Equipment Standard if:

 (a) the clause is specified in an item of the table; or

 (b) the clause defines a word or phrase used in a clause covered by paragraph (a), or is otherwise necessary for the operation of the last-mentioned clause.

 (3) Subject to subclause (4), ETSI EN 300 224 is taken to include clause 8.3.3 and Table ZZ1 (Table ZZ1) of AS/NZS 4769.1:2000 ‘Radiocommunications equipment used in the paging service Angle modulated equipment’, published by Standards Australia and Standards New Zealand, as existing on 5 May 2018.

Note: AS/NZS 4769.1:2000 may be obtained, for a fee, from a Standards Australia distributor listed on the Standards Australia website at www.standards.org.au. AS/NZS 4769.1:2000 is also available to be viewed, on prior request, at an ACMA office, subject to licensing conditions.

 (4) In column 1 of Table ZZ1, ‘460.375’ is taken to be ‘450.375’.

 (5) To the extent of any inconsistency, subclause (3) prevails over subclause (2).

Part 7—UHF CB Equipment Standard

20  AS/NZS 4365

  In this Schedule, AS/NZS 4365 means AS/NZS 4365:2011 ‘Radiocommunications equipment used in the UHF citizen band radio service’, published by Standards Australia and Standards New Zealand.

Note: AS/NZS 4365 may be obtained, for a fee, from a Standards Australia distributor listed on the Standards Australia website at www.standards.org.au. AS/NZS 4365 is also available to be viewed, on prior request, at an ACMA office, subject to licensing conditions.

21  Additional definitions for UHF CB Equipment Standard

  In this Schedule:

multi-role equipment means equipment that is capable of operating on:

 (a) an ultra high frequency specified in the CB class licence; and

 (b) another frequency.

UHF CB equipment means equipment, other than a CB repeater station, that is:

 (a) capable of operating on an ultra high frequency specified in the CB class licence (whether or not it is capable of operating on any other frequency); or

 (b) designed or intended to operate on an ultra high frequency specified for a service outside Australia that is substantially similar to a citizen band radio service.

Note: At the time this clause commenced, a number of expressions used in this Part were defined in the Radiocommunications (Interpretation) Determination 2015, including:

(a) CB repeater station;

(b) ultra high frequency.

22  Modification of AS/NZS 4365

 (1) This clause modifies AS/NZS 4365 for the purposes of the UHF CB Equipment Standard.

 (2) AS/NZS 4365 does not form part of the UHF CB Equipment Standard in relation to UHF CB equipment that is multi-role equipment, to the extent that it operates on frequencies other than ultra high frequencies specified in the CB class licence.

Note: As a result of subclause (2), the UHF CB Equipment Standard only sets requirements for multi-role equipment in respect of the equipment’s operation on ultra high frequencies specified in the CB class licence.

 (3) Clause 5.2 of AS/NZS 4365, and any equivalent provision, is not part of the UHF CB Equipment Standard.

 (4) Any requirement of AS/NZS 4365 that relates to the laws of New Zealand or to the New Zealand Ministry of Economic Development does not form part of the UHF CB Equipment Standard.

Note: If a requirement of AS/NZS 4365 relates to both the laws of Australia and the laws of New Zealand, or to both the ACMA and the New Zealand Ministry of Economic Development, the requirement is part of the UHF CB Equipment Standard only to the extent that it relates to the laws of Australia or to the ACMA.

 (5) Clauses 6.7.3 and 6.7.4 of AS/NZS 4365, and any equivalent provisions, are omitted and replaced with the following clauses, for the UHF CB Equipment Standard:

6.7.3  Limit for telemetry or telecommand transmissions

When tested in accordance with clause 6.7.4, the adjacent channel power shall not exceed -22 dBm under any modulation condition.

6.7.4  Method of test for telemetry or telecommand transmissions

The measurement is made under standard test conditions (Clause 4.1) and using an adjacent channel power measuring ‘receiver’ conforming to the requirements of clause 6.7.5.

For test purposes, it is desirable that telemetry or telecommand transmissions of the test samples should be at least three seconds in duration.

The transmitter output shall be connected to an artificial load which is used to provide an appropriate signal level to the ‘receiver’ input. The output of the transmitter during a telemetry or telecommand transmission shall be observed by spectrum analysis or some other suitable means.

The transmitter shall be operated in a modulated state at the highest available power output.

For the purposes of this test the modulation shall be that which results in worst case adjacent channel power performance. The RMS power in the upper and lower adjacent channels as defined by Table 3D below shall be measured and recorded.

6.7.5 Characteristics of Power Measuring Receiver (telemetry and telecommand transmissions)

6.7.5.1 General

The characteristics of the power measuring receiver outlined below are consistent with ETS 300 086 V1.4.1 (2010-06).

6.7.5.2 Power measuring receiver specification

The power measuring receiver consists of an oscillator, a mixer, an IF filter, an amplifier, a variable attenuator and an RMS value indicator. Instead of the variable attenuator with the RMS value indicator it is also possible to use a dB calibrated RMS voltmeter. The technical characteristics of the power measuring receiver are given below.

6.7.5.3 IF filter

The IF filter shall be within the limits of the selectivity characteristic in Figure 2A.

Figure 2A Selectivity characteristic

The selectivity characteristics shall keep the following frequency separations from the nominal centre frequency of the adjacent channel as shown in Table 3A.

Table 3A Selectivity frequency separations

The attenuation points shall not exceed the tolerances shown in Tables 3B and 3C.

Table 3B Attenuation points close to carrier

Table 3C Attenuation points distant from carrier

The minimum attenuation of the filter outside the 90 dB attenuation points must be equal to or greater than 90 dB. The tuning of the power measuring receiver shall be adjusted away from the carrier so that the -6 dB response nearest to the transmitter carrier frequency is located at a displacement from the nominal carrier frequency as given in Table 3D.

Table 3D Frequency displacement

6.7.5.4 Attenuation indicator

The attenuation indicator shall have a minimum range of 80 dB and a reading resolution of 1 dB.

6.7.5.5 RMS value indicator

The instrument shall accurately indicate non-sinusoidal signals in a ratio of up to 10:1 between peak value and RMS value.

6.7.5.6 Oscillator and amplifier

The oscillator and amplifier shall be designed in such a way that the measurement of the adjacent channel power of a low-noise unmodulated transmitter, whose self-noise has a negligible influence on the measurement result, yields a measured value of ≤ –90 dB referred to the carrier of the oscillator.

Part 8—118 MHz to 137 MHz Amplitude Modulated Equipment – Aeronautical Radio Service Standard

23  AS/NZS 4583

  In this Schedule, AS/NZS 4583 means AS/NZS 4583:2016 ‘Amplitude modulated equipment for use in the aeronautical radio service in the frequency range 118 MHz to 137 MHz’, published by Standards Australia and Standards New Zealand.

Note: AS/NZS 4583 may be obtained, for a fee, from a Standards Australia distributor listed on the Standards Australia website at www.standards.org.au. AS/NZS 4583 is also available to be viewed, on prior request, at an ACMA office, subject to licensing conditions.

24  ETSI EN 300 676-1

  In this Schedule, ETSI EN 300 676-1 means ETSI EN 300 676-1 V1.5.2 (2011-03) ‘Ground-based VHF hand-held, mobile and fixed radio transmitters, receivers and transceivers for the VHF aeronautical mobile service using amplitude modulation; Part 1: Technical characteristics and methods of measurement’, published by the European Telecommunications Standards Institute.

Note: ETSI EN 300 676-1 is available, free of charge, from the website of the European Telecommunications Standards Institute at www.etsi.org.

25  Additional definitions for 118 MHz to 137 MHz Amplitude Modulated Equipment – Aeronautical Radio Service Standard

  In this Schedule:

aeronautical AM equipment means amplitude modulated equipment used in the aeronautical radio service in the 118 MHz to 137 MHz frequency band.

aeronautical radio service means a service for radiocommunications between:

 (a) 2 or more aeronautical stations; or

 (b) an aeronautical station and an aircraft station; or

 (c) 2 or more aircraft stations.

ground mobile equipment means equipment that is both:

 (a) a mobile station; and

 (b) designed or intended to be operated on the ground.

handheld radio equipment means equipment that:

 (a) is designed or intended to be both:

 (i) handheld; and

 (ii) operated on the ground; and

 (b) has an integral battery.

Note: At the time this clause commenced, a number of expressions used in this Part were defined in the Radiocommunications (Interpretation) Determination 2015, including:

(a) aeronautical station;

(b) aircraft station;

(c) mobile station.

26  Modification of AS/NZS 4583 and ETSI EN 300 676-1

 (1) This clause modifies AS/NZS 4583 and ETSI EN 300 676-1 for the purposes of the 118 MHz to 137 MHz Amplitude Modulated Equipment – Aeronautical Radio Service Standard.

 (2) A clause of AS/NZS 4583, or of ETSI EN 300 676-1, or any equivalent provision, only forms part of the 118 MHz to 137 MHz Amplitude Modulated Equipment – Aeronautical Radio Service Standard if:

 (a) the clause is specified in an item of the table, and only in relation to the aeronautical AM equipment specified in that item; or

 (b) the clause defines a word or phrase used in a clause covered by paragraph (a), or is otherwise necessary for the operation of the last-mentioned clause.

Part 9—406 MHz Satellite Distress Beacons Standard

27  AS/NZS 4280.1

  In this Schedule, AS/NZS 4280.1 means AS/NZS 4280.1:2022 ‘Global maritime distress and safety system (GMDSS), Part 1: Cospas-Sarsat EPIRB – Emergency position indicating radio beacon operating on 406 MHz – Operational and performance requirements, methods of testing and required test results (IEC 61097-2 (Ed.4.0) MOD)’, published by Standards Australia and Standards New Zealand.

Note: AS/NZS 4280.1 may be obtained, for a fee, from a Standards Australia distributor listed on the Standards Australia website at www.standards.org.au. AS/NZS 4280.1 is also available to be viewed, on prior request, at an ACMA office, subject to licensing conditions.

28  AS/NZS 4280.2

  In this Schedule, AS/NZS 4280.2 means AS/NZS 4280.2:2017 ‘406 MHz satellite distress beacons, Part 2: Personal locator beacons (PLBs)’, published by Standards Australia and Standards New Zealand.

Note: AS/NZS 4280.2 may be obtained, for a fee, from a Standards Australia distributor listed on the Standards Australia website at www.standards.org.au. AS/NZS 4280.2 is also available to be viewed, on prior request, at an ACMA office, subject to licensing conditions.

29  Additional definitions for 406 MHz Satellite Distress Beacons Standard

  In this Schedule:

121.5 MHz homing transmitter means a transmitter that operates on a carrier frequency of 121.5 MHz.

406 MHz satellite distress beacon equipment means equipment that:

 (a) is either:

 (i) a 406 MHz satellite emergency position indicating radio beacon; or

 (ii) a 406 MHz satellite personal locator beacon; and

 (b) is capable of being operated on a carrier frequency in the frequency band 406 MHz to 406.1 MHz; and

 (c) incorporates a 121.5 MHz homing transmitter, the emissions of which are intended to facilitate search and rescue operations.

406 MHz satellite emergency position indicating radio beacon means a device designed or intended for use in the maritime mobile-satellite service, the emissions of which are intended to facilitate search and rescue operations.

406 MHz satellite personal locator beacon means a device designed or intended for use in the land mobile-satellite service, the emissions of which are intended to facilitate search and rescue operations.

land mobile-satellite service means a mobile-satellite service in which mobile earth stations are located on land.

Note 1: At the time this clause commenced, a number of expressions used in this Part were defined in the Radiocommunications (Interpretation) Determination 2015, including:

(a) maritime mobile-satellite service;

(b) mobile earth station;

(c) mobile-satellite service.

Note 2: In this Part, “carrier” is not intended to have the meaning given by the Radiocommunications (Interpretation) Determination 2015.

30  Modification of AS/NZS 4280.1

 (1) This clause modifies AS/NZS 4280.1 for the purposes of the 406 MHz Satellite Distress Beacon Standard.

 (2) A clause of AS/NZS 4280.1, or any equivalent provision, only forms part of the 406 MHz Satellite Distress Beacon Standard if:

 (a) the clause is specified in an item of the table; or

 (b) the clause defines a word or phrase used in a clause covered by paragraph (a), or is otherwise necessary for the operation of the last-mentioned clause.

 (3) Subclause 6.3.4.1 and any equivalent provision are modified as follows:

 (a) by omitting from the subclause all but the following text:

The 121,5 MHz auxiliary radio-locating device signal shall be checked to ensure it does not exceed three audio sweeps or 1 second, whichever is greater, during self-test.

 (b) by omitting from the equivalent provision any text that has the same or substantially similar effect as the text omitted under paragraph (a).

 (4) Annexure D and any equivalent provision are modified as follows:

 (a) by omitting from the Annexure paragraph D.3(h);

 (b) by omitting from the equivalent provision any text that has the same or substantially similar effect as the paragraph omitted under paragraph (a).

31  Modification of AS/NZS 4280.2

 (1) This clause modifies AS/NZS 4280.2 for the purposes of the 406 MHz Satellite Distress Beacon Standard.

 (2) A clause of AS/NZS 4280.2, or any equivalent provision, only forms part of the 406 MHz Satellite Distress Beacon Standard if:

 (a) the clause is specified in an item of the table; or

 (b) the clause defines a word or phrase used in a clause covered by paragraph (a), or is otherwise necessary for the operation of the last mentioned clause.

 (3) Subclause 3.2.2.2 and any equivalent provision are modified as follows:

 (a) by omitting from the subclause “In addition to the requirements of Clause 3.2.2.1, the” and substituting “A”;

 (b) by omitting from the equivalent provision any text that has the same or substantially similar effect as the text omitted under paragraph (a) and substituting text that has the same or substantially similar effect as the text substituted under paragraph (a).

Part 10—Equipment Used in the Inshore Boating Radio Services Band Standard

32  AS/NZS 4367

  In this Schedule, AS/NZS 4367 means AS/NZS 4367:2007 ‘Radiocommunications equipment used in the inshore boating radio services bands’, published by Standards Australia and Standards New Zealand.

Note: AS/NZS 4367 may be obtained, for a fee, from a Standards Australia distributor listed on the Standards Australia website at www.standards.org.au. AS/NZS 4367 is also available to be viewed, on prior request, at an ACMA office, subject to licensing conditions.

33  Additional definitions for Equipment Used in the Inshore Boating Radio Services Bands Standard

  In this Schedule:

inshore boating radio equipment means equipment that is:

 (a) both:

 (i) used in the provision of an inshore boating radio service; and

 (ii) capable of operating on the 27 MHz maritime frequencies; or

 (b) designed or intended to operate on a carrier frequency, below 30 MHz, specified outside Australia for a purpose substantially similar to an inshore boating radio service.

inshore boating radio service has the meaning given by:

 (a) the Radiocommunications (Maritime Ship Station – 27 MHz and VHF) Class Licence 2015; or

 (b) if a later instrument replaces that class licence – the later instrument.

Note 1: The Radiocommunications (Maritime Ship Station – 27 MHz and VHF) Class Licence 2015 is available, free of charge, from the Federal Register of Legislation at www.legislation.gov.au.

Note 2: At the time this clause commenced, 27 MHz maritime frequencies was defined in the Radiocommunications (Interpretation) Determination 2015.

Note 3: In this Part, “carrier” is not intended to have the meaning given by the Radiocommunications (Interpretation) Determination 2015.

34  Modification of AS/NZS 4367

 (1) This clause modifies AS/NZS 4367 for the purposes of the Equipment Used in the Inshore Boating Radio Services Bands Standard.

 (2) Subclause 4.1 (Equipment markings), or any equivalent provision, does not form part of the Equipment Used in the Inshore Boating Radio Services Bands Standard.

Part 11—MF and HF Equipment – International Maritime Service Standard

35  ETSI EN 303 402

  In this Schedule, ETSI EN 303 402 means ETSI EN 303 402 V2.1.2 (2017-09) ‘Maritime mobile transmitters and receivers for use in the MF and HF bands; Harmonised Standard covering the essential requirements of articles 3.2 and 3.3(g) of Directive 2014/53/EU’, published by the European Telecommunications Standards Institute.

Note: ETSI EN 303 402 is available, free of charge, from the website of the European Telecommunications Standards Institute at www.etsi.org.

36  Additional definition for MF and HF Equipment – International Maritime Service Standard

  In this Schedule, MF and HF equipment used in the international maritime mobile service means equipment that is:

 (a) operated on a medium frequency or a high frequency; and

 (b) a radiocommunications device; and

 (c) used in the maritime mobile service.

Note: At the time this clause commenced, a number of expressions used in this Part were defined in the Radiocommunications (Interpretation) Determination 2015, including:

(a) high frequency;

(b) maritime mobile service;

(c) medium frequency.

37  Modification of ETSI EN 303 402

 (1) This clause modifies ETSI EN 303 402 for the purposes of the MF and HF Equipment – International Maritime Service Standard.

 (2) A clause of ETSI EN 303 402, or any equivalent provision, only forms part of the MF and HF Equipment – International Maritime Service Standard if:

 (a) both:

 (i) the clause is specified in an item of the table; and

 (ii) the circumstances set out in that item exist; or

 (b) the clause defines a word or phrase used in a clause covered by paragraph (a), or is otherwise necessary for the operation of the last-mentioned clause.

Part 12—VHF Radiotelephone Equipment – Maritime Mobile Service Standard (Part 1, Part 2 and Part 3)

38  AS/NZS ETSI EN 301 025

  In this Schedule, AS/NZS ETSI EN 301 025 means AS/NZS ETSI EN 301 025:2018 ‘VHF radiotelephone equipment for general communications and associated equipment for Class “D” Digital Selective Calling (DSC)’, published by Standards Australia and Standards New Zealand.

Note: AS/NZS ETSI EN 301 025 may be obtained, for a fee, from a Standards Australia distributor listed on the Standards Australia website at www.standards.org.au. AS/NZS ETSI EN 301 025 is also available to be viewed, on prior request, at an ACMA office, subject to licensing conditions.

39  AS/NZS ETSI EN 301 178

  In this Schedule, AS/NZS ETSI EN 301 178 means AS/NZS ETSI EN 301 178:2018 ‘Portable Very High Frequency (VHF) radiotelephone equipment for the maritime mobile service operating in the VHF bands (for non-GMDSS applications only)’’, published by Standards Australia and Standards New Zealand.

Note: AS/NZS ETSI EN 301 178 may be obtained, for a fee, from a Standards Australia distributor listed on the Standards Australia website at www.standards.org.au. AS/NZS ETSI EN 301 178 is also available to be viewed, on prior request, at an ACMA office, subject to licensing conditions.

40  AS/NZS ETSI EN 302 885

  In this Schedule, AS/NZS ETSI EN 302 885 means AS/NZS ETSI EN 302 885:2018 ‘Portable Very High Frequency (VHF) radiotelephone equipment for the maritime mobile service operating in the VHF bands with integrated handheld class H DSC’, published by Standards Australia and Standards New Zealand.

Note: AS/NZS ETSI EN 302 885 may be obtained, for a fee, from a Standards Australia distributor listed on the Standards Australia website at www.standards.org.au. AS/NZS ETSI EN 302 885 is also available to be viewed, on prior request, at an ACMA office, subject to licensing conditions.

41  ETSI EN 301 025

  In this Schedule, ETSI EN 301 025 means ETSI EN 301 025 V2.3.1 (2021-12) ‘VHF radiotelephone equipment for general communications and associated equipment for Class “D” Digital Selective Calling (DSC); Harmonised Standard for access to radio spectrum and features for emergency services”, published by the European Telecommunications Standards Institute.

Note: ETSI EN 301 025 is available, free of charge, from the website of the European Telecommunications Standards Institute at www.etsi.org.

42  ETSI EN 301 178

  In this Schedule, ETSI EN 301 178 means ETSI EN 301 178 V2.2.2 (2017-04) ‘Portable Very High Frequency (VHF) radiotelephone equipment for the maritime mobile service operating in the VHF bands (for non-GMDSS applications only); Harmonised Standard covering the essential requirements of articles 3.2 and 3.3(g) of Directive 2014/53/EU’, published by the European Telecommunications Standards Institute.

Note: ETSI EN 301 178 is available, free of charge, from the website of the European Telecommunications Standards Institute at www.etsi.org.

43  ETSI EN 302 885

  In this Schedule, ETSI EN 302 885 means ETSI EN 302 885 V2.2.2 (2017-03) ‘Portable Very High Frequency (VHF) radiotelephone equipment for the maritime mobile service operating in the VHF bands with integrated handheld class H DSC; Harmonised Standard covering the essential requirements of articles 3.2 and 3.3(g) of Directive 2014/53/EU’, published by the European Telecommunications Standards Institute.

Note: ETSI EN 302 885 is available, free of charge, from the website of the European Telecommunications Standards Institute at www.etsi.org.

44  Additional definitions for VHF Equipment – Maritime Mobile Service Standard (Part 1, Part 2 and Part 3)

  In this Schedule:

fixed VHF equipment means equipment that is a radiocommunications device that is:

 (a) one of the following;

 (i) permanently installed on a ship;

 (ii) a limited coast assigned system station;

 (iii) a limited coast marine rescue station;

 (iv) a limited coast non assigned station; or

 (b) operated on one or more of the maritime mobile service VHF frequencies.

ITU-R Recommendation M.493 means:

 (a) ITU-R Recommendation M.493 ‘Digital selective-calling system for use in the maritime mobile service’, published by the Radiocommunications Sector of the International Telecommunication Union; or

 (b) if a later document replaces that document – the later document.

Note: ITU-R Recommendation M.493 is available, free of charge, from the website of the International Telecommunication Union at www.itu.int.

maritime mobile service VHF frequency means a frequency:

 (a) specified in the spectrum plan as a frequency that may be used for the purpose of maritime mobile services; and

 (b) is in the frequency band 30 MHz to 300 MHz.

portable VHF equipment (Digital Selective Calling) means equipment that is:

 (a) a portable radiocommunications device that incorporates class H DSC, as defined in ITU-R Recommendation M.493; and

 (b) operated on one or more of the maritime mobile service VHF frequencies.

portable VHF equipment (non-GMDSS) means equipment that is:

 (a) a portable radiocommunications device; and

 (b) not used as part of the GMDSS; and

 (c) operated on one or more of the maritime mobile service VHF frequencies.

Note: At the time this clause commenced, a number of expressions used in this Part were defined in the Radiocommunications (Interpretation) Determination 2015, including:

(a) GMDSS;

(b) limited coast assigned system station;

(c) limited coast marine rescue station;

(d) limited coast non assigned station;

(e) maritime mobile service.

45  Modification of AS/NZS ETSI EN 301 025 and ETSI EN 301 025

 (1) This clause modifies AS/NZS ETSI EN 301 025 and ETSI EN 301 025 for the purposes of the VHF Equipment – Maritime Mobile Service Standard (Part 1).

 (2) A clause of AS/NZS ETSI EN 301 025, or any equivalent provision, does not form part of the VHF Equipment – Maritime Mobile Service Standard (Part 1) if the clause is specified in an item of the table.

 (3) Clause 1 of AS/NZS ETSI EN 301 025 and any equivalent provision are modified as follows:

 (a) by omitting the paragraph and substituting:

The present document covers the minimum requirements for general communication for shipborne fixed installations and limited coast station equipment using a VHF radiotelephone operating in certain frequency bands allocated to the maritime mobile service using either 25 kHz or 25 kHz and 12.5 kHz channels and associated equipment for DSC – class D. The present document does not cover requirements for the integrated GNSS receiver locating function.

 (b) by omitting from the equivalent provision any text that has the same or substantially similar effect as the paragraph omitted under paragraph (a) and substituting text that has the same or substantially similar effect as the text substituted under paragraph (a).

 (4) A clause of ETSI EN 301 025, or any equivalent provision, does not form part of the VHF Equipment – Maritime Mobile Service Standard (Part 1) if the clause is specified in an item of the table.

46  Modification of AS/NZS ETSI EN 301 178 and ETSI EN 301 178

 (1) This clause modifies AS/NZS ETSI EN 301 178 and ETSI EN 301 178 for the purposes of the VHF Equipment – Maritime Mobile Service Standard (Part 2).

 (2) A clause of AS/NZS ETSI EN 301 178 or ETSI EN 301 178, or any equivalent provision, does not form part of the VHF Equipment – Maritime Mobile Service Standard (Part 2) if the clause is specified in an item of the table.

47  Modification of AS/NZS ETSI EN 302 885 and ETSI EN 302 885

 (1) This clause modifies AS/NZS ETSI EN 302 885 and ETSI EN 302 885 for the purposes of the VHF Equipment – Maritime Mobile Service Standard (Part 3).

 (2) A clause of AS/NZS ETSI EN 302 885 or ETSI EN 302 885, or any equivalent provision, does not form part of the VHF Equipment – Maritime Mobile Service Standard (Part 3) if the clause is specified in an item of the table.

Part 13—Digital Enhanced Cordless Telecommunications Equipment Standard

48  ETSI EN 301 406

  In this Schedule, ETSI EN 301 406 means ETSI EN 301 406 V2.2.2 (2016-09) ‘Digital Enhanced Cordless Telecommunications (DECT); Harmonised Standard covering the essential requirements of article 3.2 of the Directive 2014/53/EU’, published by the European Telecommunications Standards Institute.

Note: ETSI EN 301 406 is available, free of charge, from the website of the European Telecommunications Standards Institute at www.etsi.org.

49  Additional definition for Digital Enhanced Cordless Telecommunications Equipment Standard

  In this Schedule, digital enhanced cordless telecommunications equipment means equipment that uses Digital Enhanced Cordless Telecommunications technology, other than equipment that is designed or intended to operate in one or more of the following frequency bands:

 (a) 915 MHz to 928 MHz;

 (b) 2400 MHz to 2483.5 MHz;

 (c) 5725 MHz to 5850 MHz.

50  Modification of ETSI 301 406

 (1) This clause modifies ETSI 301 406 for the purposes of the Digital Enhanced Cordless Telecommunications Equipment Standard.

 (2) The following provision (frequency and power provision) is taken to be included in ETSI 301 406 for the purposes of the Digital Enhanced Cordless Telecommunications Equipment Standard:

Digital enhanced cordless telecommunications equipment must operate:

(a) only in the frequency band 1880 MHz to 1900 MHz; and

(b) with a maximum radiated power of 36 dBm EIRP.

 (3) Any clause of ETSI 301 406, or any equivalent provision, that is inconsistent with the frequency and power provision does not form part of the Digital Enhanced Cordless Telecommunications Equipment Standard to the extent of the inconsistency.

Part 14—Intelligent Transport Systems Standard

51  ETSI EN 302 571

  In this Schedule, ETSI EN 302 571 means ETSI EN 302 571 V2.1.1 (2017-02) ‘Intelligent Transport Systems (ITS); Radiocommunications equipment operating in the 5 855 MHz to 5 925 MHz frequency band; Harmonised Standard covering the essential requirements of article 3.2 of the Directive 2014/53/EU’, published by the European Telecommunications Standards Institute.

Note: ETSI EN 302 571 is available, free of charge, from the website of the European Telecommunications Standards Institute at www.etsi.org.

52  Additional definition for Intelligent Transport Systems Standard

  In this Schedule, ITS equipment means equipment that is:

 (a) a radiocommunications transmitter; and

 (b) operated as part of an intelligent transport system established for the purpose of road transport; and

 (c) one of the following

 (i) on a vehicle;

 (ii) part of a vehicle, regardless of whether the equipment was part of the vehicle when the vehicle was manufactured;

 (iii) held, or carried, by an individual in a vehicle;

 (iv) on, or part of, a fixed or mobile road structure.

Part 15—Short Range Equipment Standard

53  Short Range Equipment Standard

Short Range Equipment Standard

 (1) Subclauses (2) and (3) set out the requirements of the Short Range Equipment Standard.

 (2) If a radiocommunications device is an item of low interference potential equipment:

 (a) the device must only operate on a frequency band (permitted frequency band) specified for the device in column 2 of Schedule 1 to the LIPD class licence, as in force on either:

 (i) the relevant date for the device; or

 (ii) if the device is included in a class of equipment – the relevant date for the original device or original modified device of the class; and

 (b) the upper and lower frequency limits of 99% of the emission power bandwidth of the device must be within that permitted frequency band; and

 (c) operation of the device must not exceed the maximum EIRP specified for the device in column 3 of Schedule 1 to the LIPD class licence as in force on either:

 (i) the relevant date for the device; or

 (ii) if the device is included in a class of equipment – the relevant date for the original device or original modified device of the class; and

 (d) the device, or operation of the device, must comply with any limitation specified for the device in column 4 of Schedule 1 to the LIPD class licence as in force on either:

 (i) the relevant date for the device; or

 (ii) if the device is included in a class of equipment – the relevant date for the original device or original modified device of the class; and

 (e) subject to subclause (6), the device must comply with any instrument specified for the device in column 4 of Schedule 1 to the LIPD class licence (relevant instrument) as in force on either:

 (i) the relevant date for the device; or

 (ii) if the device is included in a class of equipment – the relevant date for the original device or original modified device of the class; and

 (f) the device must comply with subclause (5).

 (3) If a radiocommunications device is an item of radio-controlled model equipment:

 (a) the device must only operate on a frequency band specified for the device in section 7 of the RCM class licence as in force on either:

 (i) the relevant date for the device; or

 (ii) if the device is included in a class of equipment – the relevant date for the original device or original modified device of the class; and

 (b) the device must only operate on a carrier frequency worked out in accordance with paragraph 7(b) or (d) of the RCM class licence, as in force on either:

 (i) the relevant date for the device; or

 (ii) if the device is included in a class of equipment – the relevant date for the original device or original modified device of the class; and

 (c) operation of the device must not exceed the maximum EIRP specified in paragraph 7(a) of the RCM class licence, as in force on either:

 (i) the relevant date for the device; or

 (ii) if the device is included in a class of equipment – the relevant date for the original device or original modified device of the class; and

 (d) the device must not exceed an emission bandwidth of 10 kHz; and

 (e) operation of the device must not cause spurious emissions greater than 50 µW.

Testing methods

 (4) To determine whether a radiocommunications device meets the requirements of the Short Range Equipment Standard, the testing methods identified for the device (if any) in any of the following must be used:

 (a) AS/NZS 4268;

 (b) ETSI EN 300 220-1;

 (c) ETSI EN 300 330;

 (d) ETSI EN 300 440;

 (e) ETSI EN 305 550-1;

 (f) Federal Communications Commission Rules Title 47 (Telecommunications) Part 15–Radio Frequency Devices.

Note: The Federal Communications Commission Rules are available, free of charge, from www.ecfr.gov.

 (5) If, for a radiocommunications device that is an item of low interference potential equipment:

 (a) a testing method is identified for the device in a document specified in subclause (4) (relevant document); and

 (b) that testing method is used, by or on behalf of the person who manufactured or imported the device, to determine whether the device meets the requirements of the Short Range Equipment Standard; and

 (c) the relevant document specifies a spurious emission limit for the device;

  the device, and operation of the device, must comply with that spurious emission limit.

Modifications of relevant instruments

 (6) If, for a radiocommunications device that is an item of low interference potential equipment:

 (a) there is a relevant instrument for the device; and

 (b) the relevant instrument:

 (i) specifies an operating frequency band for the device that is different from or inconsistent with the permitted frequency band for the device; or

 (ii) specifies a maximum EIRP for the device that is different from that mentioned in paragraph (2)(c) for the device; or

 (iii) specifies a limitation for the device that is inconsistent with a limitation mentioned in paragraph (2)(d) for the device; or

 (iv) does not specify a limitation for the device that is mentioned in paragraph (2)(d) for the device;

  the relevant instrument is taken to be modified as follows:

 (c) if subparagraph (b)(i) applies – the operating frequency band specified for the device is taken to be the permitted frequency band;

 (d) if subparagraph (b)(ii) applies – the maximum EIRP specified for the device is taken to be the maximum EIRP mentioned in paragraph (2)(c);

 (e) if subparagraph (b)(iii) applies – the limitation is replaced with the limitation mentioned in paragraph (2)(d);

 (f) if subparagraph (b)(iv) applies – the limitation mentioned in paragraph (2)(d) is included.

54  Additional definitions for Short Range Equipment Standard

  In this Schedule:

AS/NZS 4268 means:

 (a) AS/NZS 4268:2017 ‘Radio equipment and systems – Short range devices – Limits and methods of measurement’, published by Standards Australia and Standards New Zealand; or

 (b) if a later document published by Standards Australia and Standards New Zealand replaces that document – the later document.

Note: AS/NZS 4268 may be obtained, for a fee, from a Standards Australia distributor listed on the Standards Australia website at www.standards.org.au. AS/NZS 4268 is also available to be viewed, on prior request, at an ACMA office, subject to licensing conditions.

ETSI EN 300 220-1 means:

 (a) ETSI EN 300 220-1 V3.1.1 (2017-2) ‘Short Range Devices (SRD) operating in the frequency range 25 MHz to 1 000 MHz; Part 1: Technical characteristics and methods of measurements’, published by the European Telecommunications Standards Institute; or

 (b) if a later document published by the European Telecommunications Standard Institute replaces that document – the later document.

Note: ETSI EN 300 220-1 is available, free of charge, from the website of the European Telecommunications Standards Institute at www.etsi.org.

ETSI EN 300 330 means:

 (a) ETSI EN 300 330 V2.1.1 (2017-02) ‘Short Range Devices (SRD); Radio equipment in the frequency range 9 kHz to 25 MHz and inductive loop systems in the frequency range 9 kHz to 30 MHz; Harmonised Standard covering the essential requirements of article 3.2 of Directive 2014/53/EU’, published by the European Telecommunications Standards Institute; or

 (b) if a later document published by the European Telecommunications Standard Institute replaces that document – the later document.

Note: ETSI EN 300 330 is available, free of charge, from the website of the European Telecommunications Standards Institute at www.etsi.org.

ETSI EN 300 440 means:

 (a) ETSI EN 300 440 V2.1.1 (2017-01) ‘Short Range Devices (SRD); Radio equipment to be used in the 1 GHz to 40 GHz frequency range; Harmonised Standard for access to radio spectrum’, published by the European Telecommunications Standards Institute; or

 (b) if a later document published by the European Telecommunications Standard Institute replaces that document – the later document.

Note: ETSI EN 300 440 is available, free of charge, from the website of the European Telecommunications Standards Institute at www.etsi.org.

ETSI EN 305 550-1 means:

 (a) ETSI EN 305 550-1 V1.2.1 (2014-10) ‘Electromagnetic compatibility and Radio spectrum Matters (ERM); Short Range Devices (SRD); Radio equipment to be used in the 40 GHz to 246 GHz frequency range; Part 1: Technical characteristics and test methods’, published by the European Telecommunications Standards Institute; or

 (b) if a later document published by the European Telecommunications Standard Institute replaces that document – the later document.

Note: ETSI EN 305 550-1 is available, free of charge, from the website of the European Telecommunications Standards Institute at www.etsi.org.

LIPD class licence means:

 (a) the Radiocommunications (Low Interference Potential Devices) Class Licence 2015; or

 (b) if a later instrument replaces that class licence – the later instrument.

Note: The LIPD class licence is available, free of charge, from the Federal Register of Legislation at www.legislation.gov.au.

low interference potential equipment means equipment that is:

 (a) of a kind mentioned in column 1 of an item in Schedule 1 to the LIPD class licence; and

 (b) capable of being operated in accordance with the LIPD class licence.

radio-controlled model equipment means model aircraft (including a drone), model landcraft or model watercraft that operates on a carrier frequency:

 (a) in the frequency band 29.72 MHz to 30 MHz; or

 (b) in the frequency band 36 MHz to 36.6 MHz.

RCM class licence means:

 (a) the Radiocommunications (Radio-controlled Models) Class Licence 2015; or

 (b) if a later instrument replaces that class licence – the later instrument.

Note: The RCM class licence is available, free of charge, from the Federal Register of Legislation at www.legislation.gov.au.

relevant instrument: see paragraph 53(2)(e).

short range equipment means:

 (a) low interference potential equipment that is capable of being operated on a frequency, or within a range of frequencies, within the frequency band specified for the equipment in column 2 of Schedule 1 to the LIPD class licence; and

 (b) radio-controlled model equipment.

Note 1: At the time this clause commenced, a number of expressions used in this Part were defined in the Radiocommunications (Interpretation) Determination 2015, including:

(a) EIRP;

(b) spurious emission.

Note 2: In this Part, “carrier” is not intended to have the meaning given by the Radiocommunications (Interpretation) Determination 2015.

Part 16—Savings and transitional arrangements

55  Device for which relevant date occurred before commencement of this Schedule

 (1) If:

 (a) a relevant date for a device occurred before the commencement of this Schedule (commencement); and

 (b) an instrument that was a general standard under subsection 4(3) as in force immediately before commencement (old general standard) applied to the device; and

 (c) the requirements of the old general standard were the same, or substantially the same, as the requirements of a general standard prescribed for such equipment under this Schedule (new general standard); and

 (d) the device meets the requirements of the old general standard as in force immediately before commencement;

  the device is taken to comply with the new general standard.

 (2) A device is taken to comply with a general standard prescribed for such equipment under this Schedule (new general standard) if:

 (a) the device is included in a class of equipment; and

 (b) the original device or original modified device of the class is taken to comply with the new general standard under subclause (1).

Schedule 2—Repeals

(section 4)

1  Repeal of instruments

Repeal the following instruments:

 (a) the Radiocommunications (118MHz to 137MHz Amplitude Modulated Equipment – Aeronautical Radio Service) Standard 2012 (F2012L01728);

 (b) the Radiocommunications (121.5 MHz and 243.0 MHz Emergency Position Indicating Radio Beacons) Standard 2014 (F2014L01249);

 (c) the Radiocommunications (406 MHz Satellite Distress Beacons) Standard 2014 (F2014L01240);

 (d) the Radiocommunications (Analogue Speech (Angle Modulated) Equipment) Standard 2014 (F2014L01254);

 (e) the Radiocommunications (Compliance Labelling – Devices) Notice 2014 (F2014L01236);

 (f) the Radiocommunications (Devices Used in the Inshore Boating Radio Services Band) Standard 2017 (F2017L01078);

 (g) the Radiocommunications (Digital Cordless Communications Devices – DECT Devices) Standard 2017 (F2017L01079);

 (h) the Radiocommunications (HF CB and Handphone Equipment) Standard 2017 (F2017L01076);

 (i) the Radiocommunications (Intelligent Transport Systems) Standard 2018 (F2018L01658);

 (j) the Radiocommunications (MF and HF Equipment – Land Mobile Service) Standard 2014 (F2014L01251);

 (k) the Radiocommunications (MF and HF Radiotelephone Equipment – International Maritime Mobile Service) Standard 2014 (F2014L01248);

 (l) the Radiocommunications (Paging Service Equipment) Standard 2014 (F2014L01247);

 (m) the Radiocommunications (Short Range Devices) Standard 2014 (F2014L01253);

 (n) the Radiocommunications (UHF CB Radio Equipment) Standard 2011 (No. 1) (F2011L00863);

 (o) the Radiocommunications (VHF Radiotelephone Equipment – Maritime Mobile Service) Standard 2018 (F2018L01618).