IFC 60/2014—17 December
After considering issues and suggestion raised in submissions the ACMA has made the Radiocommunications (Low Interference Potential Devices) Class Licence 2015. A summary of the issues raised by submissions received, the ACMA’s response to them and changes made to from the draft class licence are outlined in the paper Proposal to remake the LIPD Class Licence with variations: Response to submissions.
The following submissions have been received.
Radiocommunications (Low Interference Potential Devices) Class Licence 2000.
The class licence is due to ‘sunset’ unless it is revoked and remade before 1 October 2015. The ACMA proposes to remake the class licence with minor changes updating and clarifying existing arrangements supporting the use by the general public of a wide range of low power radiocommunications devices such as wireless microphones and garage door remote control devices. The ACMA also proposes to include in the remake new or updated arrangements supporting the use of a number of new radiocommunications devices.
The new or updated arrangements include:
- changes to limits for a number of low frequency all transmitter items to better support near field communications equipment
- changes to allow use of some medical implant communications systems transmitters approved by the US Federal Communications Commission (FCC)
- new arrangements supporting telecommand or telemetry transmitters in the band 0.160–0.190 MHz in line with US FCC arrangements supporting smart wireless charging systems;
- changes to emission limits for some alarm transmitters with limited duty cycle and activation limitations
- changes to arrangements for VHF wireless audio devices to allow the use of devices using digital modulation and higher radiated power levels
- changes to arrangements for 1800 MHz wireless audio devices to allow an extended range of permitted frequencies indoors
- changes to arrangements for ultra-wideband transmitters to extent the permitted operating frequency band to include the bands 3.4–4.8 GHz and 8.4–8.5 GHz with additional limitations in line with arrangements currently in place overseas
- new arrangements to support in-ground ultra-wideband transmitters used as sensors in car parking and traffic control.
A draft of the proposed new class licence is available.
Notice under subsection 136(2) of the Radiocommunications Act 1992 of the proposed revocation of the Radiocommunications (Low Interference Potential Devices) Class Licence 2000 is available.
A consultation paper provides further background to the proposed changes.
Submissions are invited from interested parties on the proposed changes by COB Friday 6 March 2015.
Submissions should be sent:
By email: email@example.com
Spectrum Engineering Section
Spectrum Planning and Engineering Branch
Australian Communications and Media Authority
PO Box 78
Belconnen ACT 2616
The Legislative Instruments Act 2003 provides a regime for the automatic repeal of legislative instruments after 10 years, unless action is taken to exempt them. All government organisations are responsible for considering whether the legislative instruments they have made that are due to sunset will be relevant after their sunset date. Further information about sunsetting is available.
The ACMA is committed to ensuring the effectiveness of its stakeholder consultation processes, which are an important source of evidence for its regulatory development activities. To help stakeholders in formulating submissions to its formal, written consultation processes, the ACMA has developed Effective consultation: A guide to making a submission. This guide provides information about the ACMA’s formal written public consultation processes and practical guidance on how to make a submission.
Publication of submissions
In general, the ACMA publishes all submissions it receives, including any personal information in the submissions (such as names and contact details of submitters). The ACMA cannot accept claims of confidentiality over submissions received (for example, any submission marked ‘In Confidence’ or ‘Confidential’ or similar). All submissions the ACMA receives are required to be made available for public inspection under subsection 27(2) of the BSA. However, the ACMA accepts that a submitter may sometimes wish to remain anonymous. In these circumstances, submitters are asked to identify the personal information over which confidentiality is claimed and provide a written explanation for the claim. The ACMA will consider each such claim on a case-by-case basis. If the ACMA accepts a claim, it will not publish the confidential information unless authorised or required by law to do so.
Release of submissions where authorised or required by law
Any submissions provided to the ACMA may be released under the Freedom of Information Act 1982 (unless an exemption applies) or shared with other Australian Government agencies and certain other parties under Part 7A of the Australian Communications and Media Authority Act 2005. The ACMA may also be required to release submissions for other reasons including for the purpose of parliamentary processes or where otherwise required by law (for example, under a court subpoena). While the ACMA seeks to consult submitters of confidential information before that information is provided to another party, the ACMA cannot guarantee that confidential information will not be released through these or other legal means.
The Privacy Act 1988 imposes obligations on the ACMA in relation to the collection, security, quality, access, use and disclosure of personal information. These obligations are detailed in the Australian Privacy Principles that apply to organisations and Australian Government agencies from 12 March 2014.
The ACMA may only collect personal information if it is reasonably necessary for, or directly related to, one or more of its functions or activities.
The purposes for which personal information is being collected (such as the names and contact details of submitters) are to:
- contribute to the transparency of the consultation process by clarifying, where appropriate, whose views are represented by a submission
- enable the ACMA to contact submitters where follow-up is required or to notify them of related matters (except where submitters indicate they do not wish to be notified of such matters).
The ACMA will not use the personal information collected for any other purpose, unless the submitter has provided their consent or the ACMA is otherwise permitted to do so under the Privacy Act.
Submissions in response to this invitation to comment are voluntary. As mentioned above, the ACMA generally publishes all submissions it receives, including any personal information in the submissions. If a submitter has made a confidentiality claim over personal information which the ACMA has accepted, the submission will be published without that information. The ACMA will not release the personal information unless authorised or required by law to do so.
If a submitter wishes to make a submission anonymously or use a pseudonym, they are asked to contact the ACMA to see whether it is practicable to do so in light of the subject matter of the consultation. If it is practicable, the ACMA will notify the submitter of any procedures that need to be followed and whether there are any other consequences of making a submission in that way.