Radiocommunications (Cordless Communications Devices) Class Licence 2024

This class licence authorises operation of specified cordless communications devices under a set of technical and exposure conditions. Mechanically, the instrument (titled Radiocommunications (Cordless Communications Devices) Class Licence 2024) creates a class licence under the Radiocommunications Act 1992 (the Act) by authorising a person to operate a cordless communications device, subject to the conditions in Part 3 (s 7). The instrument is made under section 132 of the Act (s 3), and it relies on external technical and safety standards by reference (notably the ARPANSA Radiation Protection Standard and ETSI EN 301 406) (s 5(1)).

The device scope is defined narrowly. A “cordless communications device” is either: (a) a land station or handset operating in one of three low-frequency bands (1.7175-1.7925 MHz; 30.0625-30.3125 MHz; 39.7625-40.25 MHz); or (b) a radiocommunications device that uses Digital Enhanced Cordless Telecommunications (DECT) technology and operates between 1880-1900 MHz (s 5(1)). The licence attaches two principal operational constraints: maximum equivalent isotropically radiated power (EIRP) limits by device type (s 9) and a prohibition on operation that causes electromagnetic energy levels exceeding the ARPANSA general public exposure limits in places accessible by the public (s 10).

The EIRP caps are explicit and differentiated. Devices in the low-frequency bands are capped at 1.23 dBm; DECT devices classified under Part 1 of ETSI EN 301 406 are capped at 36 dBm; DECT devices under Part 2 are capped at 30 dBm (s 9, table). The ARPANSA reference is to the 2021 Radiation Protection Standard (100 kHz-300 GHz) or a later replacement standard published by ARPANSA (s 5(1)). ETSI EN 301 406 is adopted by reference as the most recently published version (s 5(1)).

Procedurally, the instrument cross‑references other instruments and standards “as in force from time to time” (s 6). It also notes that certain expressions used in the instrument (for example EIRP, cordless telephone service, land station) may be defined in a determination made under subsection 64(1) of the Australian Communications and Media Authority Act 2005 that applies to this instrument (s 5(1), notes). The instrument does not itself set out enforcement penalties or administrative processes; it is a class licence that imposes operating conditions and refers to external legislative and technical instruments for definitions and limits (s 3; s 6).

The endnotes record registration and commencement dates and identify a 2024 variation. The instrument first registered 24 June 2024 and commenced 1 July 2024; a variation was registered 26 September 2024 and commenced 27 September 2024 (Endnote 3). The instrument’s operational effect is therefore to create a regulation‑backed, conditional permission to operate the listed cordless communications devices within the stated power and exposure constraints, subject to external standards and any ACMA determinations that apply.

Definitions establish the instrument’s reach. The principal defined terms are ARPANSA standard, cordless communications device, ETSI EN 301 406, group of cordless communications devices, and handset (s 5(1)). ARPANSA standard is a rolling reference to the Radiation Protection Standard for Limiting Exposure to Radiofrequency Fields - 100 kHz to 300 GHz (2021) or a later replacement standard published by ARPANSA (s 5(1)). ETSI EN 301 406 is likewise adopted as the most recently published version (s 5(1)). These rolling references mean the instrument’s technical obligations change automatically as those external standards are updated.

Class licence as a regulatory concept is the core legal vehicle. Section 7 establishes that this instrument authorises operation of a cordless communications device, but that the authorisation is conditional on compliance with Part 3. Part 3 contains the operative conditions: power caps (s 9) and ARPANSA exposure compliance (s 10). Section 5(3) states that, unless the contrary intention appears, no condition in Part 3 limits any other condition in Part 3; this signals that the conditions are to be read as cumulative obligations rather than hierarchically applied exceptions (s 5(3)).

Technical constraints are EIRP caps and public exposure limits. The EIRP table in s 9 distinguishes three device categories and assigns explicit maximum EIRP values: 1.23 dBm for devices operating in any of the three named low-frequency bands; 36 dBm for DECT devices in 1880-1900 MHz covered by Part 1 of ETSI EN 301 406; 30 dBm for DECT devices in 1880-1900 MHz covered by Part 2 of ETSI EN 301 406 (s 9). The ARPANSA exposure test is place-based: a person must not operate a device or a group of devices if the electromagnetic energy emitted exceeds the general public exposure limits specified in the ARPANSA standard in a place accessible by the public (s 10).

Interplay with external instruments is structural. Section 6 requires references to other legislative instruments to be read as “in force from time to time” (s 6). The s 5(1) note identifies that other expressions in the instrument may be defined in an ACMA determination under subsection 64(1) of the Australian Communications and Media Authority Act 2005; those non‑self-contained definitions (for example EIRP) will therefore determine how the EIRP limits are measured and applied in practice (s 5(1) note). The endnotes show this instrument has already been varied (Endnote 3), and the amendment history lists specific provisions altered or repealed (Endnote 4).

Group exposure and public access are operational concepts. “Group of cordless communications devices” means two or more devices transmitting simultaneously on the same frequency (s 5(1)). The ARPANSA compliance prohibition in s 10 applies both to single devices and a group, measured against the general public exposure limits in “a place accessible by the public”. The instrument therefore treats cumulative emissions from co‑located or co‑channel devices as part of the compliance assessment for public exposure.

This instrument assigns obligations to any person who operates a cordless communications device within the defined scope (s 7). “Operate” is an expression defined in the Act; the instrument’s authorisation attaches to the act of operation rather than manufacture or sale, although manufacturers and importers will be economically affected because devices must comply with these operating conditions if they are to be used under the class licence (s 5(1) note on defined expressions). The instrument applies to both land stations and handsets in the enumerated low-frequency bands, and to DECT devices operating in 1880-1900 MHz (s 5(1)).

Operators covers a wide set of actors. Practically, “a person” who operates can be an end user, a business operating cordless telephone services, a venue operator hosting devices in a public place, an installer, or an enterprise deploying DECT systems across a site. The instrument’s prohibition in s 10 on emissions that exceed ARPANSA general public exposure limits in places accessible by the public places obligations on operators whose equipment is located in such places; the actor who “operates” the device is responsible under the class licence for ensuring compliance. The text does not specify allocation of responsibility between an equipment owner and a venue owner, so absent further guidance from ACMA determinations or the Act, practical liability may follow whoever is operating the device at the time (s 7; s 10).

Supply‑chain stakeholders are second‑order affected parties. Manufacturers and importers must design and label products so that operators can reasonably meet the EIRP caps in s 9 and ARPANSA exposure constraints in s 10. Retailers and system integrators face compliance risk if devices are sold or installed in ways that lead to operation outside the class licence conditions. The instrument itself does not impose separate supply‑chain obligations, but the commercial effect is to value devices that can demonstrably operate within the specified technical limits.

Regulators and standards bodies are also affected because the instrument delegates key definitions and standards to ARPANSA, ETSI and ACMA determinations (s 5(1); s 6). Changes by those bodies will change obligations under this instrument without amendment to the instrument itself. Finally, members of the public are affected indirectly: s 10 creates an express obligation that seeks to limit human exposure in places accessible by the public by prohibiting operation that causes emissions above ARPANSA’s general public exposure limits.

Geographic and temporal scope. The instrument’s commencement and variation dates are recorded in the endnotes: the class licence registered 24 June 2024 and commenced 1 July 2024; a variation registered 26 September 2024 commenced 27 September 2024 (Endnote 3). The instrument’s scope applies where the Act applies; beyond that, the text does not carve out geographic exemptions. The instrument does not itself define enforcement territories; enforcement mechanisms and possible penalties sit in the Act, which is the statutory authority cited (s 3).

Primary duties are explicit and narrow. The clearest duty is not to operate a cordless communications device except in compliance with the Part 3 conditions (s 7 read with Part 3). Section 9 imposes specific EIRP ceilings by device class: 1.23 dBm for devices in the low-frequency bands; 36 dBm for DECT devices within the scope of Part 1 of ETSI EN 301 406; and 30 dBm for DECT devices within the scope of Part 2 of ETSI EN 301 406 (s 9). Section 10 imposes an independent exposure duty: no operation of a device or a group of devices may cause electromagnetic energy in a place accessible by the public to exceed the ARPANSA general public exposure limits (s 10).

Ancillary duties arise from definitions and references. The instrument adopts external standards as in force from time to time (s 5(1); s 6). Consequently, a duty to comply with the ARPANSA standard (as published or replaced) and to classify devices against the most recently published ETSI EN 301 406 flows from those definitions (s 5(1)). The instrument also notes that other expressions are defined in the Act or in an ACMA determination under subsection 64(1) of the ACMA Act (s 5(1), notes). Those definitions (for example EIRP) will determine the technical method for compliance and thus create practical duties to use the ACMA‑specified measurement or calculation methods.

Rights under the instrument are limited and conditional. The primary legal right conferred is the permission to operate a device within the instrument’s conditions (s 7). There is no express right in the instrument to operate at higher power, nor a right to a licence‑fee waiver; it simply creates a class licence that avoids the need for an individual licence only for operation compliant with the instrument’s conditions (s 7). The instrument does not create a right to manufacture, import or sell devices; it authorises operation and therefore leaves supply‑side activities to other regulatory regimes or instruments.

Interacting duties are not prioritised. Section 5(3) states no condition in Part 3 limits any other condition in Part 3 unless the contrary intention appears. That means the duty to observe the EIRP ceiling and the duty to keep public exposure within ARPANSA limits are cumulative; compliance requires observing both limits simultaneously (s 5(3); ss 9-10). Operators must therefore manage both device‑level power and cumulative exposure from groups of devices.

Compliance duties include determining classification and measurement methods. Because the instrument references the most recently published ETSI EN 301 406 and defers to ACMA determinations for key terms, duties include: (a) correctly classifying a DECT device under either Part 1 or Part 2 of ETSI EN 301 406; (b) applying the ACMA‑determined definition and measurement methodology for EIRP; and (c) applying ARPANSA measurement and exposure limits in assessing public exposure (s 5(1); s 6; s 9; s 10). Those are duties of fact and process as well as of result.

This instrument does not itself specify criminal or civil penalties or detailed enforcement procedures. The instrument repeatedly notes its source of authority as section 132 of the Radiocommunications Act 1992 (s 3), but it contains no express penalty schedule or enforcement process within its text. That means the instrument imposes substantive prohibitions and conditions, but any sanctions for breach will depend on the enforcement provisions of the Act and possibly other regulatory instruments referenced by the Act and ACMA (s 3). The instrument’s omission of penalty provisions is therefore a structural point: it creates duties but relies on the parent Act for enforcement.

Because penalties are not in the instrument, a practitioner must consult the Radiocommunications Act 1992 and any related ACMA enforcement instruments to identify precise sanctions, infringement notices, or administrative remedies. The instrument’s endnotes and amendment history do not supply enforcement details; they record registration, commencement, and variation dates but not penalty changes (Endnote 3; Endnote 4). The instrument’s silence on sanction mechanisms is explicit in the text: Part 3 imposes operational prohibitions and exposure constraints but contains no penalty clauses (ss 9-10).

Enforcement actors and discretionary powers are not defined in the instrument. The text indicates the instrument operates within the statutory framework established by the Act and the ACMA, but does not itself appoint inspectors, identify evidentiary procedures, or set tolerances for measurement. ACMA determinations and the statutory Act will contain those mechanisms. Practically, this means regulated parties face potential enforcement action under the Act rather than under the class licence text itself; the class licence specifies the substantive standards the regulator will enforce.

Measurement and evidentiary issues are a likely enforcement battleground. Because the instrument adopts external standards by reference (ARPANSA and ETSI) and relies on ACMA determinations for definitions such as EIRP (s 5(1); s 6), enforcement will turn on which versions of those standards apply, how EIRP is to be measured, how “place accessible by the public” is defined, and how group exposures are to be aggregated. The instrument’s text allocates no tolerance ranges or test procedures; it therefore places a compliance and evidentiary burden on operators to use the current standards and any ACMA test procedures when demonstrating compliance to an enforcement agency.

Notice and amendment risks affect enforcement certainty. Because the instrument’s obligations change automatically with updates to ARPANSA and ETSI standards and with ACMA determinations (s 5(1); s 6), operators may be exposed to enforcement for non‑conformity if they are not tracking and implementing such updates. Enforcement therefore has a timing and information dimension: a regulator could apply the current standard in force at the time of inspection or action, even if an operator relied on a prior version. The instrument does not create transitional or grandfathering rules within its text; those would have to appear in the parent Act, the ACMA determination, or in the external standard changes themselves.

The instrument is explicitly integrative rather than self‑contained. It is made under section 132 of the Radiocommunications Act 1992 (s 3) and therefore operates within the statutory framework of that Act. Section 6 instructs that references to other legislative instruments are to be taken as references to those instruments “as in force from time to time” and that references to other kinds of instruments or writings are likewise to be read in their current form (s 6). The instrument therefore operates as part of a broader regulatory architecture where definitions, measurement methodologies and enforcement mechanisms may be located in other instruments.

There are specific cross‑references to ARPANSA, ETSI and ACMA determinations. The ARPANSA standard is incorporated by reference via the ARPANSA standard definition (s 5(1)); ETSI EN 301 406 is similarly incorporated as “the most recently published version” (s 5(1)). The instrument also flags that other expressions used may be defined in a determination made under subsection 64(1) of the Australian Communications and Media Authority Act 2005 that applies to this instrument (s 5(1) note). That means obligations in this instrument will be read and enforced in conjunction with technical standards and regulatory definitions maintained by ARPANSA, ETSI and ACMA.

Interpretive statutes are relevant by direction. Section 6 references section 10 of the Acts Interpretation Act 1901 and subsection 13(1) of the Legislation Act 2003 for treatment of Commonwealth Acts and the application of the Acts Interpretation Act 1901 to legislative instruments (s 6, notes). The instrument therefore relies on established interpretative rules for how the instrument’s references and commencement are to be read. This matters where external standards change or where definitions in the parent Act are relied upon.

Operational definitions are partly external. The instrument states that a number of other expressions used in it are defined in the Act, including frequency band, operate and radiocommunications device (s 5(1) note 1). Other expressions such as EIRP, cordless telephone service and land station may be defined in an ACMA determination under subsection 64(1) of the ACMA Act (s 5(1) note 2). That delegation means the instrument depends on the Act and ACMA determinations to supply critical definitional content; compliance therefore requires consulting those instruments.

Amendments to external standards and determinations change obligations without amending this instrument. Because the ARPANSA standard and ETSI standard are referenced by citation to “most recently published” versions (s 5(1)) and because s 6 treats references to other instruments as in force from time to time, updates to ARPANSA, ETSI or ACMA determinations will change the substantive obligations created by the class licence. That interaction transfers rule‑making power over substantive measurement and safety tolerances to those bodies; the instrument’s content must be read dynamically in light of those external changes.

The instrument’s endnotes record initial registration and a variation in 2024. Endnote 3 sets out the legislation history: Radiocommunications (Cordless Communications Devices) Class Licence 2024 was registered 24 June 2024 and commenced 1 July 2024; a variation (Radiocommunications (Cordless Communications Devices) Class Licence Variation 2024 (No. 1)) was registered 26 September 2024 and commenced 27 September 2024 (Endnote 3). The endnote does not supply the textual content of the variation in-line; it records the administrative events and dates.

Endnote 4 (amendment history) lists provision‑level entries indicating how specific sections were affected and by which instruments. The amendment history identifies the following recorded entries: s.2 rep. LA 48D; s.4 rep. LA 48C; s.5(1) am. F2024L01215; and s.8 rep. F2024L01215. The endnote uses the Federal Register of Legislation identifiers for the amending instruments (Endnote 4). These entries indicate that particular provisions have been amended or repealed by later instruments; the instrument as compiled here reflects those incorporations where possible.

The instrument’s textual notes also show that references to standards are rolling. Section 5(1) defines ARPANSA standard to include the 2021 Radiation Protection Standard or a later replacement standard published by ARPANSA (s 5(1)). ETSI EN 301 406 is likewise defined as “the most recently published version” of that ETSI standard (s 5(1)). Those rolling definitions are a logic of amendment by reference: subsequent updates by ARPANSA or ETSI will take effect in the instrument’s obligations without the need for a separate amending legislative instrument.

The endnote structure includes standard explanatory endnotes about the compilation and how amendment histories are recorded (Endnotes 1-4). The amendment history in Endnote 4 is presented as a table; it shows the specific provision headings and the amending instrument identifiers. The notes also include the usual editorial comments about misdescribed amendments (Endnote 1). Practitioners should rely on the Federal Register of Legislation entries referenced in the endnotes (for example F2024L00764 and F2024L01215) to inspect the amending instruments and to track precisely what textual changes each amendment or repeal effected.

Where the instrument records a repeal (for example s.8 rep. F2024L01215), the compiled text will not contain the repealed provision, but the amendment history entry provides the trace necessary to recover the repealed text from the amending instrument or the legislative register. The endnotes therefore function as the canonical record of the instrument’s lifecycle in the public register.

The instrument and its endnotes do not record any judicial decisions or litigation concerning the class licence. The text contains no references to court cases, tribunal decisions, or legal challenges, and the endnotes do not cite any litigation history. The instrument therefore presents no recorded case law in its body or accompanying endnotes.

Absence of litigation in the instrument’s text does not mean litigation is impossible; it simply means the instrument itself contains no recorded disputes or judicial interpretations. For practitioners seeking precedent or interpretive guidance on how the instrument’s provisions might be read by tribunals or courts, the instrument provides no internal pointers. The interpretive questions likely to motivate litigation (for example, the meaning of “place accessible by the public”, the correct method for aggregating group exposure, and the classification of DECT devices under the ETSI parts) will need to be litigated or resolved by administrative guidance and ACMA decisions if disputes arise.

Because enforcement and penalties are governed by the parent Act (the Radiocommunications Act 1992) and possibly ACMA enforcement instruments, any litigation arising from breach of the class licence would typically engage provisions of the Act and related regulations, rather than novel stand‑alone offences in this instrument. The absence of litigation references in the instrument indicates that, at the time of compilation, there are no reported cases within the instrument’s public record to guide statutory interpretation or enforcement strategy specific to this class licence.

Practitioners should therefore treat the instrument as a technical and substantive regulatory text whose legal contours will be developed by application, administrative determinations, and, if necessary, litigation under the enabling Act and associated enforcement frameworks. Because the instrument incorporates external standards by reference, disputes may also implicate how those standards are to be applied within the Australian regulatory context.

Rolling references and evolving obligations. The instrument references the ARPANSA standard and ETSI EN 301 406 as the versions “in force” at any given time (s 5(1); s 6). That means an operator’s compliance obligation can change when ARPANSA republishes or updates its Radiation Protection Standard or when ETSI publishes a new version of EN 301 406. The practical effect is that an operator who is compliant today may become non‑compliant by technical change in an external standard without any change to this instrument’s text. The instrument does not provide transitional or grandfathering rules within its own text; transitional arrangements, if any, would be in the external standards or in ACMA determinations.

Classification hinge for DECT devices. For devices operating between 1880-1900 MHz the applicable EIRP cap depends on whether the device is “covered by the scope of Part 1” or “covered by the scope of Part 2” of ETSI EN 301 406 (s 9). Correctly classifying a device under the correct Part of ETSI EN 301 406 is therefore consequential: one classification permits up to 36 dBm, the other up to 30 dBm. The instrument does not define the delimiting criteria between Part 1 and Part 2; those criteria are in ETSI EN 301 406 itself, and possibly in ACMA determinations that apply the ETSI standard. Misclassification risks operating outside the class licence’s EIRP ceiling.

EIRP and measurement method not self‑contained. The instrument caps EIRP but does not define the formula, measurement method or averaging period in its text; it instead notes that EIRP may be a term defined in an ACMA determination (s 5(1) note 2). This means practical compliance requires consulting the ACMA determination for the precise measurement methodology. Operators that rely solely on device label claims without reconciling those claims to the ACMA measurement method risk non‑compliance.

Group exposure aggregation. A “group of cordless communications devices” is defined as two or more devices transmitting simultaneously on the same frequency (s 5(1)). Section 10 prohibits operation of a device or group if electromagnetic energy exceeds ARPANSA general public exposure limits in a place accessible by the public (s 10). The instrument does not state precisely how emissions from geographically separated devices, or devices operating on adjacent channels, are to be aggregated for exposure assessment. The combination of “group” definition and the place‑based ARPANSA test creates an evidentiary and measurement question for compliance and enforcement.

“Place accessible by the public” ambiguity. The ARPANSA exposure prohibition in s 10 applies in “a place accessible by the public” but the instrument does not define that phrase. Absent a definition in this instrument, practitioners must look to the Act, ACMA determinations, or ARPANSA guidance. This is a common practical ambiguity: whether a workplace with restricted access, a private office, or a semi‑public retail environment counts as “accessible by the public” for the purposes of exposure assessment will materially affect compliance obligations.

Step 1 , identify whether your device falls within the instrument’s scope. Check whether the device is a land station or handset operating in any of the three specified low-frequency bands (1.7175-1.7925 MHz; 30.0625-30.3125 MHz; 39.7625-40.25 MHz) or a DECT device operating between 1880-1900 MHz (s 5(1)). If neither condition is met, this class licence does not authorise operation of the device. Because some key terms are defined in the Act or in ACMA determinations (for example “operate”, “EIRP”, “land station”), confirm those definitions in the parent instruments referenced in the notes to s 5(1).

Step 2 , determine applicable EIRP ceiling and ETSI classification. For low-frequency devices, plan for a maximum EIRP of 1.23 dBm under the class licence (s 9, table item 1). For DECT devices, determine whether the device is “covered by the scope of Part 1” or “covered by the scope of Part 2” of ETSI EN 301 406; that classification determines whether the applicable cap is 36 dBm (Part 1) or 30 dBm (Part 2) (s 9, table items 2-3). Obtain and apply the most recently published ETSI EN 301 406 text to carry out the classification because the instrument adopts the ETSI standard “as most recently published” (s 5(1)).

Step 3 , apply the authoritative EIRP measurement method. Consult the Act and any ACMA determinations that apply to this instrument for the definition of EIRP and the authorised measurement or calculation methodology (s 5(1) note 2). Use the ACMA‑specified test procedures and reporting format when measuring device EIRP, and ensure test reports are kept to support a compliance position.

Step 4 , verify ARPANSA exposure compliance for public places. Apply the ARPANSA Radiation Protection Standard for Limiting Exposure to Radiofrequency Fields - 100 kHz to 300 GHz (2021) as currently in force, or any later ARPANSA replacement standard (s 5(1)). Measure or calculate electromagnetic energy levels in places accessible by the public where devices (or groups of devices) are to be operated, and ensure the measured levels do not exceed the ARPANSA general public exposure limits (s 10). For groups of devices, aggregate co‑frequency simultaneous transmissions where relevant because the instrument defines a group as two or more devices transmitting simultaneously on the same frequency (s 5(1)).

Step 5 , assess public accessibility and exposure zones. Determine whether the location where devices will operate is a “place accessible by the public”. Because the instrument does not define that phrase, consult the Act, ACMA determinations and ARPANSA guidance for the relevant interpretation. Document the access regime for the site and how exposure measurements were mapped to “publicly accessible” areas.