Commonwealth Numbered Regulations - Explanatory Statements

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RADIOCOMMUNICATIONS DEVICES (COMPLIANCE LABELLING - INCIDENTAL EMISSIONS)NOTICE (AMENDMENT) 1997 NO. 29

Statutory Rules 1997 No. 29

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

Radiocommunications Devices (Compliance Labelling - Incidental Emissions) Notice (Amendment)

Radiocommunications Act 1992

Legislative Provisions

Under s. 182(1)(a) of the Radiocommunications Act 1992 ('the Act') the SMA may, by notice published in the Gazette, require the manufacturers and importers of devices to affix a label to each device that indicates whether the device meets the requirements of standards specified in the notice.

The standards referred to in s.182(1)(a) are standards made by the SMA under s.162 of the Act.

Background

The Radiocommunications Devices (Compliance Labelling - Incidental Emissions) Notice, Statutory Rules 1996 No. 294 ('the notice') was made under s.182(1) of the Act. The Notice applies a labelling requirement to a large range of devices covered by SMA standards and specifies requirements which must be met before the label can be affixed. After the label has been affixed there are also requirements which must be met which relate to the retention and production of records.

The Radiocommunications Devices (Compliance Labelling - Incidental Emissions) Notice (Amendment) was made on 24 February 1997 and amends the notice in the following respects:

a)       Clause 6 of the notice sets out the form of the label for the purposes of s.182(2) of the Act, and prescribes information which must be included in a label for the indentification of the manufacturer or importer. The notice has been amended to provide an additional form of identification which can be included in the label to identify the manufacturer or importer of the device.

b)       Clause 8 of the notice provides that Part 3 of the notice, which sets out the requirements which must be met before a device may be labelled, does not apply to variants of devices where the variant has less potential to cause interference than the device upon which it is based. The notice has been amended to also exempt variants of devices from the requirements of Part 3 of the notice, if the variant has the same radio frequency emission characteristics as the device upon which it was based.