Radiocommunications (406 MHz Satellite Distress Beacons) Standard 2014

Link to law: https://www.comlaw.gov.au/Details/F2014L01240

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Radiocommunications (406 MHz Satellite Distress Beacons) Standard 2014
Radiocommunications Act 1992
The AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY makes this Standard under subsection 162(1) of the Radiocommunications Act 1992.
Dated 9th September 2014
Chris Chapman
[signed]
Member
 
Richard Bean
[signed]
Member/General Manager
 
Australian Communications and Media Authority
 
 
1              Name of Standard
                This Standard is the Radiocommunications (406 MHz Satellite Distress Beacons) Standard 2014.
2              Commencement
                This Standard commences on the day after it is registered.
Note: All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.comlaw.gov.au
3              Revocation
                The Radiocommunications (406 MHz Satellite Distress Beacons) Standard 2005 [F2005L01403] is revoked.
4              Definitions
                In this Standard:
121.5 MHz homing transmitter means a transmitter, incorporated into a 406 MHz satellite distress beacon, that operates on a carrier frequency of 121.5 MHz.
406 MHz satellite distress beacon means a radiocommunications device that:
                (a)    is either:
                          (i)    a 406 MHz satellite emergency position indicating radio beacon; or
                         (ii)    a 406 MHz satellite personal locator beacon; and
               (b)    is capable of being operated on a carrier frequency in the frequency band 406.0 MHz to 406.1 MHz; and
                (c)    incorporates a 121.5 MHz homing transmitter the emissions of which are intended to facilitate search and rescue operations.
406 MHz satellite emergency position indicating radio beacon means a device, designed or intended for use in the maritime mobile-satellite service, the emissions of which are intended to facilitate search and rescue operations.
406 MHz satellite personal locator beacon means a device, designed or intended for use in the land mobile-satellite service, the emissions of which are intended to facilitate search and rescue operations.
Act means the Radiocommunications Act 1992.
applicable device means a radiocommunications device to which this Standard applies, as provided by subsection 5(1).
AS/NZS 4280.1 means:
                (a)    the standard AS/NZS 4280.1:2003 406 MHz satellite distress beacons, Part 1: Marine emergency position-indicating radio beacons (EPIRB) (IEC 61097-2:2002, MOD) published by Standards Australia, as in force or existing from time to time; or
               (b)    if a later standard published by Standards Australia is expressed to replace the standard mentioned in paragraph (a) – the later standard, as in force or existing from time to time.
AS/NZS 4280.2 means:
                (a)    the standard AS/NZS 4280.2:2003 406 MHz satellite distress beacons, Part 2: Personal locator beacons (PLBs) published by Standards Australia, as in force or existing from time to time; or
               (b)    if a later standard published by Standards Australia is expressed to replace  the standard mentioned in paragraph (a) – the later standard, as in force or existing from time to time.
Chair means the Chair of the ACMA. 
commencement day means the day on which this Standard commences.
included in a class of radiocommunications devices has the meaning given by:
(a)    in relation to an applicable device other than a modified device – paragraph 6(1)(a); and
(b)   in relation to a modified device – paragraph 6(2)(a).
land mobile-satellite service means a mobile-satellite service in which mobile earth stations are located on land.
manufactured, in relation to an applicable device, means manufactured in Australia.
maritime mobile‑satellite service has the meaning given by the Radiocommunications (Interpretation) Determination 2000.
modified, in relation to a radiocommunications device, means modified or altered in a material respect in Australia (after the device was manufactured or imported) by or on behalf of, the manufacturer or importer of the device.
modified device means:
(a)    an applicable device that has been modified; and
               (b)    a radiocommunications device that has been modified in such a way that it becomes an applicable device.
original modified device has the meaning given by paragraph 6(2)(b).
original radiocommunications device has the meaning given by paragraph 6(1)(b).
relevant date, for an applicable device, means the date specified in section 7 in relation to the device.
significant event means an event at a location or locations specified in a notice approved by the Chair and published on the ACMA’s website at http://www.acma.gov.au.

Note:   Several other words and expressions used in this Standard have the meaning given by the Act, including:
·         ACMA (section 5)
·         radiocommunications device (subsection 7(1)).
5              Application
         (1)   This Standard applies to a radiocommunications device (an applicable device) that:
                (a)    is a 406 MHz satellite distress beacon; and
               (b)    is not a device mentioned in subsection (2).
Exception — device imported for significant event
         (2)   This subsection applies to a radiocommunications device that:
                (a)    is imported into Australia solely for use in connection with a significant event;
               (b)    if there is a requirement that the device is tested or inspected before it may be used in Australia — meets the requirement;
                (c)    if there is a condition or requirement imposed on the use of the device in Australia — is used in compliance with that condition or requirement;
               (d)    is used in Australia only at the location of the significant event; and
                (e)    is used in Australia only for the duration of the significant event.
 
6              When is a device included in a class of radiocommunications devices?
         (1)   In this Standard:
(a)     an applicable device, other than a modified device, is included in a class of radiocommunications devices if the device:
(i)      is identical to each other device of the class (irrespective of when the devices were manufactured or imported); and
(ii)     has the same manufacturer or importer as each other device of the class; and
(b)     the original radiocommunications device, in relation to the class of radiocommunications devices, is the device of the class that was the first to be manufactured or imported.
         (2)   In this Standard:
(a)     a modified device is included in a class of radiocommunications devices if: 
(i)      the modification made to create the device is identical to the modification made to create each other device of the class (irrespective of when the devices were so modified);
(ii)        the device is, in all other respects, identical to each other device of the class (irrespective of when the devices were manufactured or imported); and
(iii)       the device has the same manufacturer or importer as each other device of the class; and
(b)     the original modified device, in relation to the class, is the device of the class that was the first to be created by being so modified.           
 7             Relevant date for an applicable device
                For the purposes of this Standard, the relevant date for an applicable device is:
(a)     in the case of an applicable device (other than a modified device) that is included in a class of radiocommunications devices – the date the original radiocommunications device was manufactured or imported;
 (b)    in the case of a modified device that is included in a class of radiocommunications devices – the date the modification was made to create the original modified device of the class; or
                (c)    otherwise – the date the device was manufactured or imported.
8              Standard for performance
         (1)   For paragraph 162(1)(a) of the Act, the standard for performance of an applicable device is as set out in the provisions of AS/NZS 4280.1 and AS/NZS 4280.2 which are specified in clauses 1 and 3 of Schedule 1, subject to the modifications of those provisions specified in clauses 2 and 4 of  Schedule 1.
         (2)   If the relevant date for the device occurs during a transition period, the standard for performance with which the device must comply is either:
 
(a)         subsection (1) applying AS/NZS 4280.1 and AS/NZS 4280.2 as in existence immediately before the transition period commenced; or
(b)        subsection (1) applying AS/NZS 4280.1 and AS/NZS 4280.2 as in existence during the transition period.
         (3)   If:
(a)         AS/NZS 4280.1 or AS/NZS 4280.2 is amended or replaced during a transition period (the first transition period) so that there is a further transition period (the second transition period); and
(b)        the relevant date for the device occurs at a time when the first transition period and the second transition period overlap;
the standard for performance with which the device must comply is one of the following:
(c)         subsection (1) applying AS/NZS 4280.1 and AS/NZS 4280.2 as in existence immediately before the first transition period commenced;
(d)        subsection (1) applying AS/NZS 4280.1 and AS/NZS 4280.2 as in existence during the first transition period; or
(e)         subsection (1) applying AS/NZS 4280.1 and AS/NZS 4280.2 as in existence during the second transition period.
         (4)   If AS/NZS 4280.1 or AS/NZS 4280.2 is:
(a)         amended; or
(b)        replaced;
                then, for the purposes of this section, the transition period is the 1 year period commencing on the day AS/NZS 4280.1 or AS/NZS 4280.2 was:
(c)         amended; or
(d)        replaced;
                as the case may be. 
Note:   An applicable device may be subject to only AS/NZS 4280.1 or AS/NZS 4280.2. In some cases, an applicable device may be subject to both AS/NZS 4280.1 and AS/NZS 4280.2.
9              Transitional arrangements – devices manufactured, imported or modified before commencement day
If:
                (a)    the relevant date for an applicable device occurred before the commencement day; and
               (b)    at the relevant date the device complied with the Radiocommunications (406 MHz Satellite Distress Beacons) Standard 2005,
then the device is taken to comply with this Standard.
 
 
Schedule 1 – Standard for performance (specified provisions of AS/NZS 4280.1 and AS/NZS 4280.2 and modification of specified provisions)
(subsection 8(1))
1              Standard for performance of an applicable device: specified provisions of AS/NZS 4280.1
For subsection 8(1) of the Standard, the specified provisions of AS/NZS 4280.1 are as follows:   
(a)    subclause 3.3.3(f) (Activation);
(b)   subclause 3.3.3(g) (Activation);
(c)    subclause 3.3.4 (Self-test);
(d)   clause 4.5 (121.5 MHz homing signal);
(e)    subclause 5.1.7 (Preparation of satellite EPIRB for type-approval testing);
(f)    subclause 5.1.8 (Test conditions);
(g)    subclause 5.1.8.1 (Normal test conditions);
(h)   subclause 5.1.8.2 (Extreme test conditions); and
(i)     Annex D (Technical standard for 121.5 MHz homing device).
2              Modification of specified provisions of AS/NZS 4280.1 for the purpose of defining the standard for performance of an applicable device
For subsection 8(1) of the Standard, the specified provisions of AS/NZS 4280.1 are modified as follows:
(a)    subclause 3.3.4 of AS/NZS 4280.1 is modified by omitting everything except the final sentence; and
(b)   Annex D of AS/NZS 4280.1 is modified by omitting paragraph D.3(g).
3              Standard for performance of an applicable device: specified provisions of AS/NZS 4280.2
For subsection 8(1) of the Standard, the specified provisions of AS/NZS 4280.2 are as follows:   
(a)    subclause 1.4.5 (Definitions – radiation);
(b)   subclause 1.4.10 (Definitions – spurious emission);
(c)    subclause 3.1.1 (Adjustment mechanisms);
(d)   subclause 3.2.2.2 (Satellite personal locator beacons – homing compliance);
(e)    clause 3.3 (Homing transmitter for 406 MHz satellite personal locator beacon); and
(f)    Appendix E (Radiofrequency tests for the homing transmitter of 406 MHz personal locator beacons).
4              Modification of specified provisions of AS/NZS 4280.2 for the purpose of defining the standard for performance of an applicable device
For subsection 8(1) of the Standard, subclause 3.2.2.2 of AS/NZS 4280.2 is modified by omitting “In addition to the requirements of Clause 3.2.2.1 a” and substituting “A”.