Commonwealth Numbered Regulations - Explanatory Statements

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RADIOCOMMUNICATIONS STANDARD (VHF RADIOTELEPHONE EQUIPMENTMARITIME MOBILESERVICE) NO. 1 OF 1997 1997 NO. 27

Statutory Rules 1997 No. 27

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

Radiocommunications Standard (VHF Radiotelephone EquipmentMaritime Mobile Service) No. 1 of 1997

Radiocommunications Act 1992

Legislative Provisions

Under s. 162 (1) of the Radiocommunications Act 1992 ('the Act) the SMA may, by written instrument, make standards for:

(a)       the performance of specified devices; or

(b)       the maximum permitted level of radio emissions from devices (other than radiocommunications from radiocommunications devices in accordance with Chapter 3) within specified parts of the spectrum.

Under s. 162 (3) of the Act, standards made under s. 162 (1) can only include requirements for:

(a)       containing interference to radiocommunications; or

(b)       containing interference to any of the uses or functions of devices; or

(c)       establishing for the operation of radiocommunications devices an adequate level of immunity from electromagnetic disturbance; or

(d)       establishing for the uses or functions of devices an adequate level of immunity from electromagnetic disturbances caused by the operation of the radiocommunications transmitters.

Under s. 163 (1) of the Act, the SMA must, so far as practicable, try to ensure that interested persons have an adequate opportunity to make representations about the proposed standard and that due consideration has been given to any representations made.

Under s. 163 (2) of the Act, the SMA may make an arrangement with various bodies to undertake public consultation and prepare and publish a standard on behalf of the SMA.

Section 314A of the Act allows the SMA to deal with any matter by adopting an instrument made by any person or body in Australia.

There are offences relating to the use, supply and possession of non-standard devices set out in ss. 157-161 of the Act. In addition, devices to which standards made under s. 162 apply, may be subject to labelling requirements under s. 182 (1) (a) of the Act.

Background

Under s. 163 (2) of the Act, the SMA has entered into a Memorandum of Understanding with the Standards Association of Australia (SAA) for it to prepare standards and engage in public consultation on behalf of the SMA. This arrangement has been entered into so that the SMA can consider adopting the standards made by the SAA as mandatory standards under s. 162 of the Act.

The SAA has established technical committees (RC/1, RC/2, RC/3 & RC/4) to consider and draft standards concerning radiocommunications. The technical committees are drawn from relevant sections of industry, government and professional associations. In addition, the SAA consults widely with both industry and the community when preparing its standards. The SMA is satisfied that the SAA provides adequate public consultation for the purposes of s. 163 (1) of the Act.

The SAA published the following standard on 5 August 1996:

Australian/New Zealand Standard AS/NZS 4415:1996 "Radiotelephone transmitters and receivers for the maritime mobile service operating in the VHF bands-Technical characteristics and methods of measurement". This standard was amended by the SAA in August 1995.

The Radiocommunications (VHF Radiotelephone Equipment-Maritime Mobile Service) No. 1 of 1997 is made under s.162(1) of the Act.

This instrument adopts the above standard AS/NZS 4415:1996. This standard was adopted by the SMA under s.314A of the Act as the relevant standard applicable to certain devices which are specified in clause 2 of the instrument. AS/NZS 4415:1996 is similar to, and will replace, an existing standard (Statutory Rules 1990 No. 263) made under the Radiocommunications Act 1983 and continued in force by the Radiocommunications (Transitional Provisions and Consequential Amendments) Act 1992. Therefore no additional requirements are expected to be placed upon industry by the making of the s.162 instrument.

The radio equipment covered under the standard is used in the maritime community for distress/safety purposes and also for normal operational needs. Fitment of the equipment is mandatory for certain, types of vessels.

Notes on the instrument

Clause 1 - Citation

Clause 1 is a citation provision.

Clause 2 - Application

Clause 2 sets out the devices to which the standard applies.

Clause 3 - Standard

This clause provides that the standard for the applicable devices is Australian/New Zealand standard AS/NZS 4415:1996, other than certain parts of that standard and subject to certain modifications set out in subclause (2).