Radiocommunications equipment rules - consultation 07/2021

On 27 May 2021, the ACMA made the Radiocommunications Equipment (General) Rules 2021 (the General Equipment Rules) under the Radiocommunications Act 1992 (the Act). The new rules will come into effect on 17 June 2021.   

The General Equipment Rules are designed to maintain the features of the existing arrangements and are the first stage of our planned implementation of equipment rules. Existing standards and labelling notices remain in effect. We will consider future opportunities to streamline and improve the regulation of equipment.  

We received 15 submissions during the consultation period, available below. The majority of these supported the proposed General Equipment Rules and offered some suggestions for amendments.

As a result of these submissions, we made some changes to the draft General Equipment Rules. These included the power to exempt certain cellular mobile repeaters, and changes to the provisions relating to the presumptions about when possession of equipment is for the purpose of operation.  

We will be providing clear information on the General Equipment Rules and cellular mobile repeaters on our website as the new rules come into effect.

Exempt repeaters

Submissions from telecommunications carriers proposed changes to the draft General Equipment Rules to include a carrier-authorised repeater to modernise device supply restrictions for cellular mobile repeaters. After further consultation with carriers,  we added Schedule 1 to the General Equipment Rules, which allows the ACMA to identify those cellular mobile repeaters that are ‘exempt repeaters’ for the purposes of Part 6 of the General Equipment Rules.

Under Clause 2 of Schedule 1 to the General Equipment Rules, a carrier may request the ACMA to declare a specific cellular mobile repeater to be exempt.

In supplying an exempt repeater, the supplier must keep records specified under subsection 33(6) of the General Equipment Rules. These records include the full name and identifying information of the recipient, the date the repeater was supplied, and the specific details of the repeater, including brand name, model number or serial number.

If we declare a repeater exempt, we will give the applicant a written notice stating this and publish the required information on our website.

Presumption of operation provisions 

Two submissions suggested that the ACMA should align the presumption of possession for the purpose of operation as set out in the General Equipment Rules with similar provisions in the Radiocommunications Legislation Amendment (Reform and Modernisation) Act 2020. We considered these suggestions and redrafted the General Equipment Rules to align with the amendments to section 48 of the Act.

We are consulting on the draft Radiocommunications Equipment (General) Rules 2021.

We currently make standards for the performance of radiocommunications devices under the Radiocommunications Act 1992 (the Act).

The Act will be amended by the Radiocommunications Legislation Amendment (Reform and Modernisation) Act 2020 (the Modernisation Act) to modernise the legislative framework for spectrum management. While existing standards and labelling notices will be saved as equipment rules under the new arrangements, some new equipment rules will be necessary to maintain 4 objectives:

• to ensure the application of sanctions for possession, operation or supply of devices that do not comply with mandated standards
• to enable the ACMA to provide permits for the use, possession and supply of non-standard devices
• to ensure the continuation of prohibitions and obligations for labelling equipment that complies with standards
• to maintain existing limitations on the supply of mobile phone repeaters, to ensure that such devices may only be supplied to people licensed to operate them.

The ACMA invites your comments on the issues set out in this consultation paper. You can send us your views by selecting the ‘Upload a submission’ button at the top of this page.

Submissions by post can be sent to:

The Manager

Technical Regulation & Carrier Infrastructure Section

Australian Communications and Media Authority

PO Box 13112 Law Courts

Melbourne VIC 8010

You can email consultation enquiries to techreg@acma.gov.au.

We have published a range of consultations and materials related to the Modernisation Act’:  

Our approach to licensing and allocation information paper

Changes to class licences

Accredited persons scheme