Commonwealth Numbered Acts

RADIOCOMMUNICATIONS ACT 1983 No. 130, 1983 - SECT 9

PART II-STANDARDS

Division 1-Making of, and compliance with, standards

9. (1) Subject to this section, the Minister may, by instrument in writing,
make standards for specified devices or devices included in a specified class
of devices.

(2) Before making a standard, the Minister shall, by notice published in
accordance with the regulations-

   (a)  set out the standard that he proposes to make;

   (b)  invite interested persons to make representations in connection with
        the proposed standard by such date, not being less than 1 month after
        the date of publication of the notice, as is specified in the notice;
        and

   (c)  specify an address or addresses to which representations in connection
        with the proposed standard may be forwarded.

(3) A person may, not later than the date specified in the notice, make
representations to the Minister in connection with the proposed standard, and
the Minister shall give due consideration to any representations so made and,
if he thinks fit, alter the proposed standard.

(4) Sub-sections (2) and (3) apply in relation to such an alteration in like
manner as they apply in relation to proposed standards.

(5) Standards relating to radiocommunications transmitters may consist only of
such requirements as to-

   (a)  the performance, design, finish and construction of
        radiocommunications transmitters; and

   (b)  markings, warnings, instructions or other statements to be impressed
        on, worked into, or annexed or affixed to, or to accompany,
        radiocommunications transmitters,
as are necessary or convenient to be made for or in relation to-

   (c)  the operation of those radiocommunications transmitters;

   (d)  the prevention or reduction of prescribed interference, or risk of
        prescribed interference, to any other uses or functions of those
        radiocommunications transmitters; and

   (e)  the prevention or reduction of interference, or risk of interference,
        to radiocommunications,
but nothing in paragraph (d) or (e) shall be taken, by implication, to limit
the generality of standards that may be made by virtue of paragraph (c).

(6) Standards relating to transmitters other than radiocommunications
transmitters may consist only of such requirements as to-

   (a)  the performance, design, finish and construction of those
        transmitters; and

   (b)  markings, warnings, instructions or other statements to be impressed
        on, worked into, or annexed or affixed to, or to accompany, those
        transmitters, as are necessary or convenient to be made for or in
        relation to-

   (c)  the prevention or reduction of interference, or risk of interference,
        to radiocommunications; and

   (d)  the prevention or reduction of prescribed interference, or risk of
        prescribed interference, to any uses or functions of those
        transmitters.

(7) Standards relating to receivers may consist only of such requirements as
to-

   (a)  the performance, design, finish and construction of those receivers;
        and

   (b)  markings, warnings, instructions or other statements to be impressed
        on, worked into, or annexed or affixed to, or to accompany, those
        receivers,
as are necessary or convenient to be made for or in relation to-

   (c)  the operation of those receivers; and

   (d)  the prevention or reduction of prescribed interference, or risk of
        interference, to any other uses or functions of those receivers,
but nothing in paragraph (d) shall be taken, by implication, to limit the
generality of standards that may be made by virtue of paragraph (c).

(8) Standards relating to radiosensitive equipment shall consist only of such
requirements as to-

   (a)  the performance, design, finish and construction of that
        radiosensitive equipment; and

   (b)  markings, warnings, instructions or other statements to be impressed
        on, worked into, or annexed or affixed to, or to accompany, that
        radiosensitive equipment,
as are necessary or convenient to be made for or in relation to the prevention
or reduction of prescribed interference, or risk of prescribed interference,
to any uses or functions of that equipment.

(9) Sub-sections (2), (3) and (4) do not apply to the making of a standard if
the Minister is satisfied that the making of the standard is a matter of
urgency.

(10) Sections 48, 49 and 50 of the Acts Interpretation Act 1901
apply in relation to standards as if, in those sections, references to
regulations were references to standards, references to a regulation were
references to a provision of a standard and references to repeal were
references to revocation.

(11) Standards may make provision for or in relation to a matter referred to
in sub-section (5), (6), (7) or (8) by applying, adopting or incorporating,
with or without modification, any matter contained in a standard proposed or
approved by the Standards Association of Australia, or by a prescribed
association or body, as in force or existing at a particular time.

(12) Standards shall be deemed to be statutory rules within the meaning of the
Statutory Rules Publication Act 1903.

(13) A reference in this section to prescribed interference is a reference to
interference attributable, whether wholly or partly and whether directly or
indirectly, to radiocommunications.