The electromagnetic energy (EME) regulatory arrangements for mobile and portable products set exposure limits for emissions from radiocommunications transmitters. The arrangements impose labelling and record-keeping obligations on a supplier of transmitters with integral antennas before the products can be supplied to the Australian market. The obligations are detailed in the:
The objective of the arrangements is to ensure that exposure to EME from products supplied to the Australian market does not exceed levels for public safety.
The arrangements apply to any transmitter with an integral antenna that is established for use either:
- in motion, on land, on water or in the air
- in a stationary position at unspecified points on land, on water or in the air.
The EME Labelling Notice applies at the point of supply in Australia. Any transmitter with an integral antenna is subject to the requirements of the EME Labelling Notice—except products that are supplied for use in a pre-determined location. If the importer or manufacturer has not specified the location of the transmitter at the time of supply, the EME Labelling Notice will apply. Examples of products captured in this way are mobile phones, baby monitors and smart meters with integral antennas.
The EME regulatory arrangements require that, prior to supplying a product, a supplier must:
- Assess applicability – establish whether the product is subject to the EME regulatory arrangements (refer to Section 7 in the EME LN).
- Identify the requirements of the Human Exposure Standard and the compliance levels – identify the requirements of the Human Exposure Standard and the compliance level (refer to Division 2.3 of the EME LN).
- Demonstrate compliance – ensure the product complies with the Human Exposure Standard. Compliance can be demonstrated through testing and/or assessment of supporting documentation.
- Complete a Declaration of Conformity (DoC) and maintain compliance records – the DoC is a declaration made by, or on behalf of the supplier that all products comply with the Human Exposure Standard. A compliance record is a collection of documents (that may include the DoC and test reports) that support the supplier’s claim the product complies with the Human Exposure Standard (refer to Division 4.1 of the EME LN).
- Register on the national database – a supplier must register on the national database before affixing a compliance label to a compliant product (refer to Division 2.2 of the EME LN).
- Apply a compliance label – a compliance label indicates the product complies with the Human Exposure Standard (r to Part 3 of the EME LN). The compliance label consists of the Regulatory Compliance Mark (RCM).
The EME LN and its associated explanatory statement is available on the Federal Register of Legislative Instruments (FRLI) thought the ComLaw website.
The Radiocommunications Act prescribes penalties of up to $270,000 for breaches of the Act, including possession or supply of a non-standard device.
The Radiocommunications Act prescribes penalties of up to $18,000 for breaches of the Act including supply of a product without a label, applying a label before satisfying the requirements of the EME LN and failing to keep records.
Other regulatory arrangements
The ACMA also has regulatory arrangements for:
Identify the requirements of the Human Exposure Standard and compliance level.
Conduct the appropriate testing (if required).