This is the Communications Legislation (Protected Symbols) Determination 2023.

This instrument commences at the start of the day after the day it is registered on the Federal Register of Legislation.

Note: The Federal Register of Legislation is available, free of charge, at www.legislation.gov.au.

3 Authority

This instrument is made under subsections 165(9) and 166(2) of the Radiocommunications Act 1992 and subsection 417(7) and subparagraph 417(8)(b)(i) of the Telecommunications Act 1997.

4 Repeal

The Protected Symbols Determination 2013 [F2013L00087] is repealed.

Note: At the time of making this instrument, the Protected Symbols Determination 2013, so far as it was made under subsection 188A(7) and subparagraphs 188A(8)(a)(i) and (b)(i) of the Radiocommunications Act 1992, as in force before the commencement of Part 1 of Schedule 4 to the Radiocommunications Legislation Amendment (Reform and Modernisation) Act 2020, had effect as if it had been made under subsections 165(9) and 166(2) of the Radiocommunications Act 1992 (see item 48 of Part 4 of Schedule 4 to the Radiocommunications Legislation Amendment (Reform and Modernisation) Act 2020).

5 Interpretation

In this instrument, unless the contrary intention appears:

accreditation body means a person or association that is an accreditation body for the purposes of section 409 of the Telecommunications Act 1997.

Note: See subsection 409(1) of the Telecommunications Act 1997.

competent body means a person or association that is a competent body for the purposes of Division 7 of Part 21 of the Telecommunications Act 1997.

Note: See subsection 409(3) of the Telecommunications Act 1997.

radiocommunications standard means a standard for equipment prescribed by equipment rules.

RCM (short for Regulatory Compliance Mark) means the symbol known as the RCM, the design of which is set out in Schedule 3.

telecommunications technical standard means a standard made under subsection 376(1) of the Telecommunications Act 1997.

Note 1: A number of other expressions used in this instrument, when used in relation to the Radiocommunications Act 1992, are defined in that Act, including the following:

(a) accreditation (see sections 5 and 263);

(b) ACMA (see section 5);

(d) equipment (see section 5);

(e) equipment rules (see sections 5 and 156);

(f) label (see section 5);

(g) protected symbol (see sections 5 and 166);

(h) supply (see section 5).

Note 2: A number of other expressions used in this instrument, when used in relation to the Telecommunications Act 1997, are defined in that Act, including the following:

(a) ACMA (see section 7);

(b) customer cabling (see sections 7 and 20);

(d) label, and when it is taken to be applied (see section 406);

(e) protected symbol (see subsection 417(8));

(f) recognised testing authority (see section 7 and subsection 409(2)).

6 References to other instruments

In this instrument, unless the contrary intention appears:

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

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

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

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

Note 3: See section 314A of the Radiocommunications Act 1992 and section 589 of the Telecommunications Act 1997.

7 Protected symbol

Radiocommunications

(1) For the purposes of paragraph 166(1)(a) of the Radiocommunications Act 1992, the design of the RCM as set out in Schedule 3 is determined.

Note: This means that, for the purposes of the Radiocommunications Act 1992, the RCM is a protected symbol (a purpose of which is to indicate compliance by equipment with applicable radiocommunications standards).

Telecommunications

(2) For the purposes of subparagraph 417(8)(b)(i) of the Telecommunications Act 1997, the design of the RCM as set out in Schedule 3 is determined.

Note: This means that, for the purposes of the Telecommunications Act 1997, the RCM is a protected symbol (a purpose of which is to indicate compliance by customer equipment or customer cabling with applicable telecommunications technical standards).

8 Permitted purposes

Radiocommunications

(1) For the purposes of subsection 165(8) of the Radiocommunications Act 1992, each of the purposes specified in Schedule 1 is determined unless the purpose is excluded by subsection (2).

(2) For the purposes of subsection (1), a purpose specified in Schedule 1 is excluded if:

(a) the purpose refers to a radiocommunications standard and to equipment; and

(b) no equipment rules require any person to apply a label to that equipment to indicate compliance by the equipment with the radiocommunications standard.

Telecommunications

(3) For the purposes of subsection 417(7) of the Telecommunications Act 1997, each of the purposes specified in Schedule 2 is determined unless the purpose is excluded by subsection (4).

(4) For the purposes of subsection (3), a purpose specified in Schedule 2 is excluded if:

(a) the purpose refers to a telecommunications technical standard and to customer equipment or customer cabling; and

(b) no instrument made under section 407 of the Telecommunications Act 1997 requires any person to apply a label to that equipment or cabling to indicate compliance by the equipment or cabling with the telecommunications technical standard.

9 Transitional

Radiocommunications

(1) If:

(a) a person used or applied a symbol that was a protected symbol before the commencement day; and

(b) the use or application was for a purpose specified in the Protected Symbols Determination 2013, as in force at the time of that use or application:

(i) in a case where that time is before the modernisation day – under subsection 188A(7) of the Radiocommunications Act 1992, as in force at that time; or

(ii) in any other case – as if it had been made under subsection 165(9) of the Radiocommunications Act 1992; and

(d) the use or application continues after the start of the commencement day for the same purpose;

the use or application that occurs after the start of the commencement day is taken to be for a purpose specified in this instrument under subsection 165(9) of the Radiocommunications Act 1992 (except to the extent that the use or application is already for such a purpose or otherwise authorised by or under that Act or the equipment rules).

Note: For paragraph (b), see item 48 of Part 4 of Schedule 4 to the Radiocommunications Legislation Amendment (Reform and Modernisation) Act 2020.

Telecommunications

(2) If:

(a) a person used or applied a symbol that was a protected symbol before the commencement day; and

(b) the use or application was for a purpose specified in the Protected Symbols Determination 2013, as in force at the time of that use or application under subsection 417(7) of the Telecommunications Act 1997; and

(d) the use or application continues after the start of the commencement day for the same purpose;

the use or application that occurs after the start of the commencement day is taken to be for a purpose specified in this instrument under subsection 417(7) of the Telecommunications Act 1997 (except to the extent that the use or application is already for such a purpose or otherwise authorised by or under that Act).

Definitions

(3) In this section:

commencement day means the day this instrument commences.

modernisation day means the day item 48 of Part 4 of Schedule 4 to the Radiocommunications Legislation Amendment (Reform and Modernisation) Act 2020 commenced.

Note: Item 48 of Part 4 of Schedule 4 to the Radiocommunications Legislation Amendment (Reform and Modernisation) Act 2020 commenced on 17 June 2021.

Schedule 1—Permitted purposes for the Radiocommunications Act 1992

(subsection 8(1))

Column 1	Column 2
Item	Purpose
1	Showing that equipment complies with a radiocommunications standard, other than as covered by paragraph 165(7)(a) of the Radiocommunications Act 1992
2	Showing that a person provides services to assist others to ensure that equipment complies with a radiocommunications standard
3	Provision of information or comment about a radiocommunications standard
4	Showing that a person: (a) holds an accreditation of a specified kind; and (b) may exercise powers under equipment rules, conferred on persons who hold such an accreditation, in relation to a radiocommunications standard
5	Showing that a person: (a) satisfies conditions specified in equipment rules; and (b) may exercise powers under equipment rules, conferred on persons who satisfy such conditions, in relation to a radiocommunications standard
6	Showing that a person may exercise a power under equipment rules not otherwise specified in this table in relation to a radiocommunications standard
7	Supplying a copy of a protected symbol to a person entitled to use or apply it
8	Showing that a person supplies: (a) copies of a protected symbol to a person entitled to use or apply it; or (b) copies of radiocommunications standards
9	Showing that a person supplies equipment that complies with a radiocommunications standard
10	Publicising compliance with a radiocommunications standard
11	Complying with a law of a State or Territory in relation to electrical safety

Schedule 2—Permitted purposes for the Telecommunications Act 1997

(subsection 8(3))

Column 1	Column 2
Item	Purpose
1	Showing that customer equipment or customer cabling complies with a telecommunications technical standard, other than as covered by subsection 417(6) of the Telecommunications Act 1997
2	Showing that a person provides services to assist others to ensure that customer equipment or customer cabling complies with a telecommunications technical standard
3	Provision of information or comment about a telecommunications technical standard
4	Showing that a person or association: (a) is an accreditation body; and (b) may determine that a specified person is a recognised testing authority or that a specified person or association is a competent body
5	Showing that a person: (a) is a recognised testing authority; and (b) may test customer equipment or customer cabling for compliance with a telecommunications technical standard
6	Showing that a person or association: (a) is a competent body; and (b) may provide services in relation to compliance with telecommunications technical standards and instruments made under section 407 of the Telecommunications Act 1997
7	Supplying a copy of a protected symbol to a person entitled to use or apply it
8	Showing that a person supplies: (a) copies of a protected symbol to a person entitled to use or apply it; or (b) copies of telecommunications technical standards
9	Showing that a person supplies customer equipment or customer cabling that complies with a telecommunications technical standard
10	Publicising compliance with a telecommunications technical standard
11	Complying with a law of a State or Territory in relation to electrical safety