Compliance Arrangements For Licensees – Network Facilities | ACMA

Compliance Arrangements For Licensees – Network Facilities

This page outlines record keeping compliance information for the licensee or agent of a transmitter installation.

What are compliance records?

Compliance records have information compiled by a licensee (or agent) about the transmitter installation. Compliance records include the required documentation that supports the Declaration of Conformity that the transmitter installation complies with the Australian Communications and Media Authority (the ACMA) Electromagnetic Radiation (EMR) health exposure requirements.

What compliance records have to be kept?

Licensees of Compliance Level 2 transmitters must keep the following compliance records:

  1. a Declaration of Conformity

  2. an assessment report to show that the transmitter complies with the ACMA's electromagnetic radiation requirements. The assessment report must set out the methods used to assess the compliance of the transmitter, including any relevant graphs, charts or mathematical formulae, and the name and qualifications of the person or organisation that did the assessment, if it was not the licensee

  3. if an agent is used, a copy of the agency agreement.

Licensees of Compliance Level 1 transmitters are not required to keep compliance records.

What is a Declaration of Conformity?

The Declaration of Conformity is signed by the licensee, or a person authorised by the licensee, or an agent to certify that the radiocommunications installation complies with the ACMA's health exposure requirements. The signatory should have sighted the evidence that supports the declaration and be satisfied of the grounds of compliance.

Who signs the Declaration of Conformity?

The Declaration of Conformity is a legal document. It is a statement by the signatory that the transmitter installation meets the ACMA's EMR health exposure requirements. The Declaration can only be signed by the licensee (or their agent) or a responsible person within the licensee's organisation who has been given the authority to sign on behalf of the licensee. The person signing the Declaration will have sighted the evidence that supports the Declaration and must be satisfied with the grounds for compliance.

When an agent signs the Declaration of Conformity on behalf of the licensee, the agency agreement must provide for such authority. The commitment made by the agent on behalf of the licensee should be based on a sound understanding, by both the agent and the licensee, of the requirements of compliance arrangements and the consequences of failing to meet those requirements.

Where do I keep the compliance records?

Documentation forming part of a set of compliance records must be available in English and needs to be stored at a location, or locations, which will allow retrieval with the notification period prior to an audit being carried out. The compliance records must be made available to the ACMA, for audit or investigation purposes, within 20 days of written advice from the ACMA. The ACMA does not specify a location for the storage of this information.

What is an agent and agency agreement?

The licensee can engage the services of a 'third party' - known as an agent - to ensure that the licensee's transmitter installation complies with the health exposure requirements and to keep the necessary compliance documents on the licensee's behalf. There are commercial organisations that offer their services as agents.

If a licensee uses an agent, the licensee and the agent must keep a copy of the agency agreement. The agency agreement aids in establishing a legal operational framework and outlines the rights and responsibilities of the parties. More information about agency agreements can be found on the ACMA website.

Can I store my compliance records electronically

Yes, providing a hard copy, in English, can be produced for inspection at audit.

How long should I keep the compliance records?

The records must be retained for at least 12 months after the licence for the transmitter has expired.

Last updated: 01 September 2017