11Operation — compliance with labelling and related requirements

11 Operation – compliance with labelling and related requirements

Telecommunication requirements (1) A person must not operate a radiocommunications device that is customer equipment unless the manufacturer or importer of the device has complied with each requirement (if any) in relation to the device imposed on the manufacturer or importer by an instrument made under subsection 407(1) of the Telecommunications Act 1997.

Note: An instrument under subsection 407(1) of the Telecommunications Act 1997 requires the manufacturer or importer of customer equipment to apply a label to the equipment, or to its packaging, to represent that the equipment complies with standards made under subsection 376(1) of that Act. The instrument may impose other requirements on the manufacturer or importer of the equipment, and may provide for circumstances in which any of the requirements do not apply.

(2) A person must not operate a radiocommunications device that is customer equipment unless the device complies with each requirement (if any) specified for the device specified in an instrument made under subsection 376(1) of the Telecommunications Act 1997. (3) In subsections (1) and (2), each of customer equipment and import has the same meaning as in the Telecommunications Act 1997. Radiocommunication requirements (4) A person must not operate a radiocommunications device unless: (a) if the device compliance day for the device occurs on or after 1 March 2003 but before 17 June 2021 – the device complies with each requirement (if any) specified for the device in any standard applicable to the device, as in force on the device compliance day; (b) if the device compliance day for the device occurs on or after 17 June 2021 – the operation of the device would not contravene a prohibition or obligation in any equipment rules, as in force on the device compliance day.

Note: The Radiocommunications Equipment (General Rules) 2021 imposed prohibitions and obligations in relation to the possession, operation, or supply of equipment, including radiocommunications devices, that do not comply with standards set out in that instrument. See Parts 2, 3 and 4 of, and Schedules 4 and 5 to, that instrument.

(5) In paragraph (4)(a), standard has the same meaning as in the Act, as in force immediately before 17 June 2021.

Note: On 17 June 2021, Part 4.1 of the Act was replaced, and standards were replaced by equipment rules.

(6) A person must not operate a radiocommunications device, or a group of radiocommunications devices, if the electromagnetic energy emitted by the device, or by the group, exceeds the general public exposure limits specified in the ARPANSA standard in a place accessible by the public.