Radiocommunications (Short Range Devices) Amendment Standard 2013 (No. 2)

Link to law: https://www.comlaw.gov.au/Details/F2013L01694

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Radiocommunications (Short Range Devices) Amendment Standard 2013 (No.2)
Radiocommunications Act 1992
The AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY makes this Standard under subsection 162(1) of the Radiocommunications Act 1992.
Dated       10th September 2013
Chris Chapman
[signed]
Member
Richard Bean
[signed]
Member/General Manager
 
 
Australian Communications and Media Authority
 
1              Name of Standard
                This Standard is the Radiocommunications (Short Range Devices) Amendment Standard 2013 (No.2).
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 http://www.comlaw.gov.au.
 
3              Amendment
Schedule 1 amends the Radiocommunications (Short Range Devices) Standard 2004.
 
Schedule 1        Amendments
                        (section 3)
 
 
[1]       Section 4
            insert
relevant AS/NZS 4268 amendment means any amendment to, or replacement of, AS/NZS 4268 so that the frequency band mentioned in row 22A of column 3 of table 1 of AS /NZS 4268 is the 520-694 MHz frequency band (instead of the 520-820 MHz frequency band).
 
relevant wireless audio transmitter means a wireless audio transmitter that is also a short range device.  
 
[2]       Section 4, definition of short range device
            omit the definition, substitute
short range device means a radiocommunications device that:          
(a)    is manufactured in, or imported into, Australia after the commencement of this Standard; and
(b)   is of a type mentioned in column 2 of table 1 or column 2 of table 2 of AS/NZS 4268; and
(c)    is capable of being operated on:
(i)                 a frequency, or within a range of frequencies, within the frequency bands mentioned in column 3 of those tables; or
(ii)               if the device is a wireless audio transmitter and subparagraph (i) does not apply – a frequency, or within a range of frequencies, within the 694-820 MHz frequency range.
 
[3]       Section 4
insert
 
wireless audio transmitter means a radiocommunications device that is of a type mentioned in row 22A of column 2 of table 1 of AS/NZS 4268.
Note:  Examples of wireless audio transmitters include, but are not limited to, wireless microphones, in-ear monitoring devices, wireless musical instrument pickups and similar short range devices.
 
 
[4]       Section 7
            omit the section, substitute
           
7     Effect of amendment of standard for performance
(1) If:
(a)    a short range device (other than a relevant wireless audio transmitter to which subsection 7(3) or 7(4) applies) is manufactured, imported, altered or modified within 1 year after the standard for performance is amended or replaced; and
(b)   the device meets the standard as in force immediately before the amendment or replacement;
the device is taken to meet the standard for performance.
(2)  If a short range device (other than a relevant wireless audio transmitter to which subsection 7(3) or 7(4) applies) is manufactured, imported, altered or modified 1 year or more after the standard for performance is amended or replaced, the device must meet the standard for performance as amended or replaced.
(3)  If:
(a)    the standard for performance is amended or replaced, as a consequence of a relevant AS/NZS 4268 amendment;
(b)   a relevant wireless audio transmitter is manufactured, imported, altered or modified after the amendment or replacement but before 1 January 2014;
(c)    the transmitter is capable of being operated on a frequency, or within a range of frequencies, within the 694-820 MHz frequency range; and
(d)   the transmitter meets the standard as in force immediately before the amendment or replacement;
the transmitter is taken to meet the standard for performance.      
(4)  If:
(a)    the standard for performance is amended or replaced as a consequence of a relevant AS/NZS 4268 amendment;
(b)   a relevant wireless audio transmitter is manufactured, imported, altered or modified on or after 1 January 2014; and
(c)    the transmitter is capable of being operated on a frequency, or within a range of frequencies, within the 694-820 MHz frequency range;
      the transmitter must meet the standard for performance as amended or replaced.
Note:  To meet the standard for performance, a relevant wireless audio transmitter to which subsection 7(4) applies, would (among other things) need to be altered or modified so that it is no longer capable of being operated on a frequency, or within a range of frequencies, within the 694-820 MHz frequency range.