Radiocommunications (Labelling) Determination 2013

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Radiocommunications (Labelling) Determination 2013
Radiocommunications Act 1992
The AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY makes this Determination under subsection 300(1) of the Radiocommunications Act 1992.
Dated                              13 May 2013
Chris Chapman
Giles Tanner
Member/General Manager
Australian Communications and Media Authority
1             Name of Determination
This Determination is the Radiocommunications (Labelling) Determination 2013.
2             Commencement
This Determination 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
3             Revocation
The Radiocommunications (Labelling) Determination 1997 is revoked.
4             Purpose
This Determination sets out the requirements for the labelling of specified radiocommunications transmitters operated under apparatus licences.
Note               A person required by this Determination to affix a label to a radiocommunications transmitter must comply with the determination or be liable to a penalty of 100 penalty units (subsection 300(4) of the Act).  Section 4AA of the Crimes Act 1914 prescribes the value of a penalty unit.
5             Interpretation
(1)   In this Determination, unless the contrary intention appears:
Act means the Radiocommunications Act 1992.
fixed transmitter means a radiocommunications transmitter located at a fixed point on land or sea and not designed or intended for use while in motion.
high power transmitter means a fixed transmitter which operates with an EIRP greater than 2 Watts.
Note               In this Determination, unless the contrary intention appears, a term defined in the Act has the meaning given in the Act, including:
·         ACMA
·         apparatus licence
·         broadcasting station
·         radiocommunications transmitter
·         Register
(2)   In this Determination, unless the contrary intention appears, a term defined in the Radiocommunications (Interpretation) Determination 2000 has the meaning given by that determination, as in force from time to time.
Note               Terms used in this Determination that are defined in the Radiocommunications (Interpretation) Determination 2000 include:
·         communal site
·         EIRP
·         PTS licence
6             Labelling of transmitters located at communal sites
(1)   This section applies to a high power transmitter operated under an apparatus licence and located at a communal site, other than:
(a)  a transmitter operated under a PTS licence; and
(b)   a transmitter that is a broadcasting station.
Note       The definition of ‘communal site’ in the Radiocommunications (Interpretation) Determination 2000 applies:
communal site means a place used by transmitters operating within 200 metres of each other, for which more than 2 fixed transmitter frequencies are assigned within one of the following frequency bands:
(a)       30 megahertz to 300 megahertz band;
(b)       300 megahertz to 3000 megahertz band;
(c)       3 gigahertz to 30 gigahertz band;
(d)       30 gigahertz to 300 gigahertz band.
(2)   A person who operates a high power transmitter to which this section applies must affix a label to the transmitter containing the following information:
(a)   the number assigned by the ACMA to identify the spectrum used by the transmitter; and
(b)  the statement “Do not remove”.
Note                       The ACMA assigns a number when the transmitter is registered on the Register. 
(3)   The information on the label must be in print of a contrasting colour to the background of the label.
7             Transitional Provision
(1)      If:
(a)      a person operates a high power transmitter to which section 6 applies; and
(b)     immediately before the commencement date, a label was affixed to the transmitter in accordance with the previous determination,
then the person is not required to affix a label to the transmitter in accordance with subsection 6(2).
(2)      In this section:
commencement date means the date this Determination commences.
previous determination means the Radiocommunications (Labelling) Determination 1997.