Radiocommunications Licence Conditions (Apparatus Licence) Amendment Determination 2013 (No. 1)

Link to law: https://www.comlaw.gov.au/Details/F2013L00824

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Radiocommunications Licence Conditions (Apparatus Licence) Amendment Determination 2013 (No. 1)
Radiocommunications Act 1992
The AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY makes this Amendment Determination under paragraph 107(1)(f) of the Radiocommunications Act 1992.
Dated                              13 May 2013
Chris Chapman
[signed]
Member
 
 
Giles Tanner
[signed]
Member/General Manager
 
Australian Communications and Media Authority
1              Name of Amendment Determination
                This Amendment Determination is the Radiocommunications Licence Conditions (Apparatus Licence) Amendment Determination 2013 (No. 1).
2              Commencement
                This Amendment Determination commences on the day after it is registered.  
 
Note 1:             All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.comlaw.gov.au.
3              Amendment of Radiocommunications Licence Conditions (Apparatus Licence) Determination 2003
                Schedule 1 amends the Radiocommunications Licence Conditions (Apparatus Licence) Determination 2003.  
Schedule 1        Amendments
(section 3)
[1]           Subsection 4(1)
insert
AS/NZS 2772.2 means the Australian/New Zealand Standard Radiofrequency fields Part 2: Principles and methods of measurement and computation — 3 kHz to 300 GHz (AS/NZS 2772.2) published by Standards Australia and Standards New Zealand.
[2]           Subsection 4(1), definition of NATA-accredited body
after
AS 2772.2
insert
or AS/NZS 2772.2
[3]           Section 10
substitute
10            Level 2 criteria
         (1)   This section applies to a transmitter to which section 9 does not apply.
         (2)   A licensee must:
                (a)    be able to show that the licensee complies with section 8 in relation to the transmitter by measuring or calculating RF fields in accordance with AS/NZS 2772.2; and
               (b)    keep records in accordance with section 15.
         (3)   If the licensee spatially averages measurements taken for paragraph (2) (a), the licensee must do so in accordance with section 2.7 of the ARPANSA standard.
 
                Measurements and calculations under AS 2772.2
         (4)   A licensee who, before the commencement day:
                (a)    measured RF fields produced by a transmitter in accordance with AS 2772.2; or
               (b)    calculated RF fields produced by a transmitter using a model or method derived from the mathematical formulae mentioned in Appendix B to AS 2772.2,
                 under the former measurement provision is taken to have complied with the requirement in paragraph (2) (a) to show compliance with section 8 in relation to the transmitter.
         (5)   In this section:
                 commencement day means the day the Radiocommunications Licence Conditions (Apparatus Licence) Amendment Determination 2013 (No. 1)  commences.
                 former measurement provision means subsection 10 (2) of the Radiocommunications Licence Conditions (Apparatus Licence) Determination 2003 as in force immediately before the commencement day. 
10A         Compliance with Determination after amendment of standard
(1)       This section applies if AS/NZS 2772.2 is amended (the amended standard).  
(2)       If the RF fields produced by a transmitter, other than a transmitter mentioned in subsection 10 (4), are measured or calculated:
                (a)    within a period less than 1 year after the date the amended standard takes effect (the amendment date); and
               (b)    in accordance with the AS/NZS 2772.2 standard as in force immediately before the amendment date,
                the transmitter is taken to comply with the amended standard.
(3)       If a transmitter, other than a transmitter mentioned in subsection 10 (4), is changed 1 year or more after the amendment date, the licensee must remeasure or recalculate the RF fields produced by the transmitter in accordance with the amended standard. 
Note  Examples of the types of changes to transmitters that will require remeasurement or recalculation are set out in subsection 11 (2). 
[4]           Subparagraph 12(1)(b)(i)
omit
subparagraph 10 (2) (a) (i) or 10 (2) (a) (ii)
substitute
paragraph (10) (2) (a)
[5]           Section 14
omit
after 31 May 2003