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RADIOCOMMUNICATIONS STANDARDS (ELECTROMAGNETIC COMPATIBILITY) NO. 1 OF 19961996 NO. 295
EXPLANATORY STATEMENTStatutory Rules 1996 No. 295
Issued by the authority of the Spectrum Management Agency ('SMA')
Radiocommunications Standards (Electromagnetic Compatibility) No. 1 of 1996
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 then 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 a. 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 nonstandard devices set out in as. 157-161 of the Act. In addition, devices to which standards made under a. 162 apply, may be subject to labelling requirements under a. 182 (1) (a) of the Act.
Background
The SMA, as the agency responsible for management of the radiofrequency spectrum, is concerned with managing the levels of electromagnetic interference ('EMI'). All electrical and electronic equipment creates EMI. The increase in the extent of the EMI problem threatens the effective use of the radiofrequency spectrum and has led the SMA to establish a scheme to minimise EMI caused by electrical and electronic equipment. This scheme is known as the EMC framework. The EMC framework is aimed primarily at devices that have a purpose other than radiocommunications.
The EMC framework consists of standards, made under a. 162 of the Act for the performance of devices and a notice made under a. 182 of the Act. There will be standards that specify the maximum emissions that a device may produce ('Emission Standards'), and standards that specify protection levels for devices that are susceptible to EMI ('immunity Standards'). The other part of the EMC framework is the notice made under a. 182 of the Act. The s. 182 Notice requires manufacturers and importers of devices to which Emission Standards and Immunity Standards apply to affix labels to their devices stating that they comply with the relevant standard.
The SMA has had extensive consultation with industry, within Australia and overseas, on compliance with a. 162 standards and labelling requirements under a. 182 of the Act. A publicity and information campaign was conducted aimed at the known manufacturers or importers of products. Visits by SMA staff to industry were conducted and showed the acceptance of the proposed compliance and labelling scheme.
Under a. 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 a. 162 of the Act.
The SAA has published the following standards in relation to EMC:
* AS/NZS 1044: 1995 - electrical motor-operated and thermal appliances for household and similar purposes, electric tools and similar electrical apparatus;
* AS/NZS 1053: 1992 - sound and television broadcast receivers and associated equipment;
* AS/NZS 2064.1 & 2: 1992 - industrial, scientific and medical radiofrequency equipment;
* AS/NZS 2557: 1992 - vehicles, motor boats and spark ignition engine driven vehicles;
* AS/NZS 3548: 1995 - information technology equipment;
* AS/NZS4051: 1994 - electrical lighting and similar equipment;
* AS/NZS 4251.1: 1994 - generic emission standards.
The Radiocommunications Standards (Electromagnetic Compatibility) No. 1 of 1996 is made under s. 162 (1) of the Act. This instrument adopts the above standards by incorporating them by reference. Section 314A of the Act provides that an instrument made under the act to adopt or incorporate any matter contained in an instrument or other writing made by another person or body as in force from time to time. The provision also states that a. 49A of the Acts Interpretation Act 1901 does not apply to instruments made under the Act.
Notes on the Instrument
Clause 1 - Citation
Clause 1 is a citation provision.
Clause 2 - Interpretation
Clause 2 defines the terms used in the instrument.
Clause 3 - Devices not covered by the standard
The effect of clause 3 is to exclude certain devices from the operation of the standard.
Clause 4 - Complex devices
Clause 4 provides for the situation where a device is made up of more than one device. In order to remove any potential uncertainty as to which standard would apply to the device, clause 4 treats the device as a composite of its constituent devices. Therefore, in determining which standard applies it is necessary to consider the device as a whole, rather than trying to decide which of two constituent devices is the primary one.
Clause 5 - Standard for sound and television receivers
Clause 5 sets out the standard that applies to a video player, or television or audio receiver that is used in the frequency band 9 kHz to 1 GHz. The clause incorporates by reference Australian/New Zealand Standard AS/NZS 1053:1992 as in force from time to time.
Clause 6 - Standard for Industrial, scientific and medical equipment
Clause 6 acts Out the standards that apply to devices used for industrial, scientific and medical purposes. The clause incorporates by reference Australian/New Zealand Standard AS/NZS 2064.1:1992 and Australian/New Zealand Standard AS/NZS 2064.2:1992 as in force from time to time.
Clause 7 - Standard for electric motor-operated and thermal appliance for household purposes, electric tools and similar electric apparatus
Clause 7 acts out the standard that applies to electric motor-operated and thermal appliances for household purposes, electric tools and similar electric apparatus that are used in the frequency band 9 kHz to 400 GHz. The clause incorporates by reference Australian/New Zealand Standard AS/NZS 1044:1995 as in force from time to time.
Clause 8 - Standard for Information technology equipment
Clause 8 sets out the standard that applies to information technology equipment that is used in the frequency band 9 kHz to 400 GHz. The clause incorporates by reference Australian/New Zealand Standard AS/NZS 3548:1995 as in force from time to time.
Clause 9 - Standard for electrical lighting equipment
Clause 9 sets out the standard that applies to electric lighting equipment that is used in the frequency band 9 kHz to 400 GHz. The clause incorporates by reference Australian/New Zealand Standard AS/NZS 4051:1994 as in force from time to time.
Clause 10 - Standard for Internal combustion engines and associated devices
Clause 10 sets out the standard that applies to internal combustion engines and associated equipment that is used in the frequency band 9 kHz to 400 GHz. The clause excludes from its operation engines used in aircraft, trains, incomplete vehicles or vehicles registered for road use. The clause incorporates by reference Australian/New Zealand Standard AS/NZS 3548:1992 as in force from time to time.
Clause 11 - Standard for residential, commercial and light Industry devices
Clause 11 sets out the standard that applies to electrical and electronic equipment that is used in the frequency hand 0 kHz to 400 GHz. The clause incorporates by reference Australian/New Zealand Standard AS/NZS 4251.1:1994 as in force from time to time.
Clause 12 - Standard for measuring emission levels
Clause 12 provides that any measurement of radiofrequency emission levels for the purpose of determining whether or not a device complies with a standard must be done in accordance with certain standards. These standards are those set out in the relevant standard itself and in Australian/New Zealand Standards AS/NZS 1052:1992 and AS/NZS 4052:1992, which are incorporated by reference as in force from time to time.
Clause 13 - Revocation of Ministerial Standard
Clause 13 provides for the revocation of Statutory Rules 1985 No. 339. That Statutory Rule is a Ministerial Standard made under subsection 9 (1) of the Radiocommunications Act 1983. The standard continued in force under the Radiocommunications (Transitional and Consequential Amendments) Act 1992 as if it was a standard made under s. 162 (1) of the Act.