Commonwealth Numbered Regulations - Explanatory Statements

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RADIOCOMMUNICATIONS STANDARDS (ELECTROMAGNETIC COMPATIBILITY) NO. 1 OF 1996(AMENDMENT NO. 1 OF 1997) 1997 NO. 28

Statutory Rules 1997 No. 28

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

Radiocommunications Standards (Electromagnetic Compatibility) No. 1 of 1996 (Amendment 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

The Radiocommunications Standards (Electromagnetic Compatibility) No. 1 of 1996, Statutory Rules 1996 No. 295 ('the EMC standard') was made under s.162(1) of the Act. The EMC standard applies to a large range of electrical devices which are used in homes and light industry and is designed to manage the levels of electromagnetic interference to radiocommunications.

The Radiocommunications Standards (Electromagnetic Compatibility) No. 1 of 1996 (Amendment No. 1 of 1997) ('the amending instrument') amends the EMC standard to correct a number of minor errors in the adoption of a number of Australian/New Zealand Standards made by the Standards Association of Australia as set out below:

a)       AS/NZS 3548:1995 has two levels of requirements referred to as Class A and Class B. Consultation with industry revealed that cl. 8 did not accurately reflect the provisions of AS/NZS 3548:1995 with the result that the EMC standard applied the more onerous Class B requirements to a wider range of equipment than in other international jurisdictions.

b)       AS/NZS 1053:1992 applies to video players, televisions and audio receivers. However, cl. 5(1)(a) of the EMC standard unintentionally excluded all sound only radiocommunications receivers, and cl. 5(1)(b) unintentionally excluded solely battery powered devices.

c)       The wording of cl. 12 of the EMC standard appeared to require all devices covered by the EMC standard to be measured in accordance with the arrangements in Australian/New Zealand Standards AS/NZS 1052 and AS/NZS 4052 ('the measurement standards'). However, the Standards Association of Australia standards only reference the measurement standards if their use is appropriate to specific devices.

Under s. 163 (2) of the Act, the SMA has entered into a Memorandum of Understanding with the Standards Association of Australia for it to prepare standards and engage in public consultation on behalf of the SMA. Consultation has therefore occurred on the provisions of the Australian/New Zealand Standards implemented by the amending instrument.

Notes on the instrument

Clause 1 -Amendment

Clause 1 amends the Radiocommunications Standards (Electromagnetic Compatibility) No. 1 of 1996 ('the EMC standard').

Clause 2 - Clause 5 (Standard for sound and television broadcast receivers and associated equipment)

Clause 2 amends cl. 5 of the EMC standard to make it clear that cl. 5 applies to sound only radiocommunications receivers.

Clause 3 - Clause 7 (Standard for electric motor-operated and thermal appliances for household purposes, electric tools and similar electric apparatus)

Clause 3 corrects a typographical error in cl. 7(2).

Clause 4 - Clause 8 (Standard for information technology equipment)

This clause amends clause 8, in accordance with AS/NZS 3548:1995, to apply the Class B requirements to devices intended for household or no fixed place of use and to personal computer and peripherals.

Clause 5 - Clause 12 (Standard for measuring levels of radio emissions)

Clause 5 amends cl. 12 to make it clear that the applicability of other standards for the measuring of radio emissions referred to in Standards Association of Australia ('SAA') standards adopted by the EMC standard is determined in accordance with the arrangements in the relevant SAA standard.