The radiocommunications regulatory arrangements impose labelling and record-keeping obligations on a supplier of specified radiocommunications products before a product is supplied to the Australian market. The obligations are detailed in the:
The objective of the arrangements is to manage the risk of interference to radiocommunications services while maximising the efficient use of the radiofrequency spectrum.
Through the use of section 162 standards, the ACMA sets mandatory performance requirements for specified radiocommunications products. The RLN sets testing, labelling and record-keeping requirements for a supplier in relation to the section 162 standards.
The radiocommunications regulatory arrangements require that, prior to supplying a product, a supplier must:
- Assess applicability – establish whether the product is subject to the radiocommunications regulatory arrangements (refer to Section 5 in the RLN).
- Identify the applicable standards and compliance levels – identify the applicable radiocommunications standard/s and compliance level as listed in Schedule 2 of the RLN.
- Demonstrate compliance – ensure the product complies with the applicable standard/s at the specified compliance level (refer to Division 3.3 and 3.4 of the RLN). Compliance may 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 applicable standard/s. 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 standard/s (refer to Division 4.2 of the RLN).
- 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 3.2 of the RLN)
- Apply a compliance label – a compliance label indicates the product complies with the applicable standards (refer to Part 2 of the RLN). The compliance label consists of the Regulatory Compliance Mark (RCM).
The RLN and its associated explanatory statement is available on the Federal Register of Legislative Instruments (FRLI) through 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. Penalties also apply to person causing radio emissions to be made by a transmitter that is a non-standard device.
The Radiocommunications Act prescribes penalties of up to $18,000 for breaches of the Act, including supply of a device without a label, applying a label before satisfying the requirements of the RLN and failing to keep records.
Other regulatory arrangements
The ACMA also has regulatory arrangements for: