Alert: Changes to ACMA labelling arrangements from 1 March 2013.New single compliance mark – RCM. Further information is available. |
Some DECT devices including cordless phones and headsets are not permitted to be supplied or operated in Australia as they are not compatible with Australian regulations.
DECT devices that are legal to supply and use in Australia must bear one of the following compliance marks: the A-Tick, the C-Tick or the Regulatory Compliance Mark (RCM).
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A-Tick |
C-Tick |
RCM |
It is compulsory for DECT devices supplied in Australia to bear one of these compliance marks. Telecommunications customer equipment that uses DECT technology must bear the A-Tick compliance mark. All other DECT devices must bear either the C-Tick compliance mark or the RCM. These devices are designed to operate on frequencies set aside for their orderly operation in Australia.
If the DECT device you intend to supply does not bear one of the above compliance marks it is illegal to supply it.
It is compulsory for suppliers of DECT devices to meet ACMA labelling requirements, including ensuring their products comply with mandatory technical standards. Advice for suppliers on equipment compliance and labelling is available on the ACMA website.
Further information
Some versions of DECT devices designed for markets other than Australia operate on frequencies that are licensed to mobile phone carriers in Australia and will cause interference to these services.
Some DECT devices that are suitable for use in the United States and Canada, where they operate in accordance with the US and Canadian regulations, operate in the frequency band 1920–1930 MHz. However, in Australia this frequency band is licensed only for use by cellular mobile network operators.
As a result of the frequency band they operate in, some DECT devices fail to comply with the applicable Australian mandatory standard, making them non-compliant with the ACMA compliance and labelling requirements. In addition, these devices do not meet any of the ACMA licensing arrangements.
Failure to meet the above mentioned arrangements makes these particular DECT devices illegal to supply or use in Australia. These illegal DECT devices have the potential to severely interfere with cellular mobile networks. Suppliers and users will be held responsible for the consequences of interference caused by their operation.
Penalties
Offences in relation to the ACMA’s regulatory arrangements include offences under the Radiocommunications Act 1992 and the Criminal Code Act 1995. The penalties include fines and imprisonment depending on the type and severity of the offence. Offences and fines include supplying a non standard device, unlawful possession of and/or use of unlicensed radiocommunications devices and causing interference. As of 28 December 2012, the value of a penalty unit for calculating financial penalties was $170. A fine of 100 penalty units would correspond to a penalty of $17,000.
In addition, the supply of a non-compliant DECT device to any person who could not legally use it may contravene trade practices legislation, which in turn may attract further action from the Australian Competition and Consumer Commission.
The licensed cellular mobile network operators may also be able to take civil legal action against suppliers and individual users to recover losses suffered due to interference caused by the use of unlicensed devices in their licensed frequency bands.
More information
More information about bringing communications equipment into Australia is available on the ACMA website. The ACMA also provides fact sheets on a range of topics.
Please note: this document is intended as a guide only and should not be relied on as legal advice or regarded as a substitute for legal advice in individual cases.
