Commonwealth legislation

Radiocommunications (Electromagnetic Compatibility) Standard 2017

In ForceCTH

Jurisdiction

Commonwealth

Collection

legislative instrument

Plain English Summary

4/10 complexity

This standard repeals the 2008 EMC standard and requires devices manufactured in or imported into Australia for supply to meet electromagnetic‑compatibility industry standards listed by the ACMA. It is made to contain interference with radiocommunications and device functions (ss4–5, s9–10).

Manufacturers and importers bear the compliance cost: they must identify the applicable standard at the date of manufacture/import, may choose among listed standards in some cases, and must follow transition rules when listed standards change; ACMA publishes and modifies the list (ss6–11).

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What it does

This legislative instrument , the Radiocommunications (Electromagnetic Compatibility) Standard 2017 , sets out how electromagnetic compatibility (EMC) requirements apply to devices manufactured in, or imported into, Australia for supply. Mechanically, it replaces the earlier Radiocommunications (Electromagnetic Compatibility) Standard 2008 (s 4) and provides the current framework for requiring devices to comply with "applicable industry standards" identified by reference to a maintained ACMA list of standards (s 6(2); s 8). The instrument is made under subsection 162(1) of the Radiocommunications Act 1992 (s 3) and commences at the start of the day after it is registered on the Federal Register of Legislation (s 2).

Core operational effects can be stated as follows and are grounded in the text. First, the duty is placed on a device to comply with an applicable industry standard as in force on the relevant date: for devices manufactured in Australia, the relevant date is the day the device was manufactured; for imported devices, the relevant date is the day the device was imported (s 10). The substantive scope of that duty is limited to those parts of an applicable industry standard that relate to "interference with radiocommunications or to any uses or functions of devices" (note to s 10). Second, the standard does not itself reproduce technical requirements; instead it imports external standards (Standards Australia, IEC, CENELEC, CEN, ETSI, or other standards organisations) by reference via a list published on the ACMA website (s 6(2)(a); s 6(2)(c)). Third, the instrument provides a decision rule for determining which external standard is "applicable" to a particular device (s 8): if a document in column 2 of Part 2 of the list is expressed to apply to the device, that document is the applicable standard (s 8(1), item 1); otherwise, any document in column 2 of Part 1 of the list may be the applicable industry standard (s 8(1), item 2). The instrument also deals with expired documents, multiple possible applicable documents, and column 10 "remarks" that can modify how a document applies (s 8(2)-(4)).

Current sections

Direct links to the current provisions in Radiocommunications (Electromagnetic Compatibility) Standard 2017.

Part 1

Preliminary

View image in the official source

Radiocommunications (Electromagnetic Compatibility) Standard 2017

The Australian Communications and Media Authority makes the following standard under subsection 162(1) of the Radiocommunications Act 1992.

Dated: 18 December 2017

Nerida O’Loughlin

[signed]

Member

Brendan Byrne

[signed]

Member/General Manager

Australian Communications and Media Authority

Part 1—Preliminary

1 Name

This is the Radiocommunications (Electromagnetic Compatibility) Standard 2017.

2 Commencement

This standard commences at the start of the day after it is registered on the Federal Register of Legislation.

Note: The Federal Register of Legislation may be accessed at www.legislation.gov.au.

3 Authority

This standard is made under subsection 162(1) of the Act.

4 Repeal of the Radiocommunications (Electromagnetic Compatibility) Standard 2008

The Radiocommunications (Electromagnetic Compatibility) Standard 2008 (F2008L00261) is repealed.

5 Background

(1) This standard applies to devices, as provided by section 9, and is made for the performance of those devices. (2) This standard consists of requirements that are necessary or convenient for the following purposes: (a) containing interference to radiocommunications; (b) containing interference to any uses or functions of devices.

Part 2—Interpretation

6 Definitions

(1) In this standard:

applicable industry standard, in relation to a device, has the meaning given by section 8.

commencement day means the day on which this standard commences.

list of standards has the meaning given by subsection (2).

Official Journal period, in relation to an applicable industry standard that is amended or replaced, means the period:

(a) commencing on the day the applicable industry standard is amended or replaced; and
(b) ending on the date of cessation of presumption of conformity mentioned from time to time in the Official Journal of the European Union for the applicable industry standard.

Note 1: At the date of making this Notice, the Official Journal of the European Union was published on the European Union Law website http://eur-lex.europa.eu.

Note 2: A number of other expressions used in this standard are defined in the Act and the Radiocommunications (Interpretation) Determination 2015, including the following:

(a) ACCC (see section 5 of the Act);
(b) ACMA (see section 5 of the Act);
(c) Act (see section 4 of that determination);
(d) Australia (see section 5 of the Act);
(e) device (section 5 and subsection 9(1) of the Act);
(f) import (see section 5 of the Act);
(g) supply (see section 5 of the Act).
Note 3: See paragraph 3(2)(g) of the Radiocommunications (Interpretation) Determination 2015, which is made under subsection 64(1) of the Australian Communications and Media Authority Act 2005, for the application of that determination to this standard.

(2) The list of standards is the list, in existence from time to time, that comprises each document that meets the following criteria: (a) the title of the document is in a list published on the web address http://www.acma.gov.au/standards/emc; (b) the document consists of, or includes, requirements that are necessary or convenient for the following purposes: (i) containing interference to radiocommunications; (ii) containing interference to any uses or functions of devices; and (c) the document was created by: (i) Standards Australia; (ii) International Electrotechnical Commission; (iii) European Committee for Electrotechnical Standardization; (iv) European Committee for Standardization; (v) European Telecommunications Standards Institute; or (vi) another standards development organisation.

Note: A copy of a document created by Standards Australia could, at the date of making this Notice, be obtained for a fee from SAI Global’s website at https://infostore.saiglobal.com/, or could be viewed at an office of the ACMA or ACCC on prior request and subject to licensing conditions.

A copy of a document created by the International Electrotechnical Commission could, at the date of making this Notice, be obtained for a fee from the International Electrotechnical Commission’s website at http://www.iec.ch, or could be viewed at an office of the ACMA or ACCC on prior request and subject to licensing conditions.

A copy of a document created by a body mentioned in subparagraph (2)(c)(iii), (iv) or (v) could, at the date of making this Notice, be obtained for a fee from any of the National Committees which are listed at https://www.cenelec.eu/dyn/www/f?p=web:5, or could be viewed at an office of the ACMA or ACCC on prior request and subject to licensing conditions.

If a copy of a document created by another standards development organisation is not otherwise freely available, the ACMA intends to obtain a copy for viewing on request and subject to licensing conditions.

7 References to other instruments

In this standard, unless the contrary intention appears: (a) a reference to any other legislative instrument is a reference to that other legislative instrument as in force from time to time; and (b) a reference to any other kind of instrument or writing is a reference to that other instrument or writing as in force or in existence from time to time.

Note 1: For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.

Note 2: All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.

Note 3: For references to an applicable industry standard, see Note 1 at the end of subsection 8(1).

Note 4: For paragraph (b), see section 314A of the Act.

8 Applicable industry standard

(1) In this standard, subject to subsections (2), (3) and (4), the applicable industry standard, for a device, has the meaning determined using the following table:

Item	If...	the applicable industry standard for the device is....
1	a document in column 2 of Part 2 of the list of standards is expressed to apply to the device	that document
2	item 1 does not apply to the device	any of the documents mentioned in column 2 of Part 1 of the list of standards

Note 1: An applicable industry standard is incorporated as in force at the times mentioned in section 11.

Note 2: See the Note to subsection 6(2) for information about how a copy of an applicable standard can be obtained.

Note 3: Column 7 of the list of standards gives a manufacturer or importer of a device guidance about whether a particular standard listed in column 2 of Part 1 and 2 of the list of standards may apply to a device they manufacture or import.
Note 4: If an applicable standard mentioned in item 2 of the table in subsection 8 (1) has passed its expiry date, information in column 10 of the list of standards may give details about a standard that replaces the applicable industry standard (replacement standard), including the name and commencement date of the replacement standard.

(2) A document in column 2 of Part 1 and 2 of the list of standards is not an applicable industry standard if the expiry date mentioned in the document has passed. (3) For item 1 of the table in subsection (1), if more than one document in column 2 of Part 2 of the list of standards is identified as an applicable industry standard for a device, the manufacturer or importer of the device may choose 1 of those documents to be the applicable industry standard for the device. (4) If: (a) a document is in column 2 of the list of standards; and (b) subsection (1) has the effect that, apart from this subsection, the document is a applicable industry standard for a device; and (c) remarks in column 10 of the list of standards in relation to the document modify the application or requirements of the document; the applicable industry standard for the device is the document as modified by those remarks.

Part 3—Application and requirements

9 Application

This standard applies to a device that is manufactured in, or imported into, Australia for supply unless the device is mentioned in Schedule 2 to the Radiocommunications (Electromagnetic Compatibility) Labelling Notice 2017.

10 Requirement

Subject to section 11, a device must comply with an applicable industry standard for the device, as in force on: (a) if the device was manufactured in Australia – the day the device was manufactured; and (b) if the device was imported into Australia – the day the device was imported. Note: A device must comply with an applicable industry standard for the device only to the extent that that standard includes requirements that relate to interference with radiocommunications or to any uses or functions of devices.

11 Transition periods – choice of applicable industry standard

(1) In this standard, if an applicable industry standard is amended or replaced, there is a transition period in relation to the applicable industry standard, being a period of: (a) if the applicable industry standard is created by the European Committee for Electrotechnical Standardization – the Official Journal period; or (b) in any other case – two years commencing on the day that applicable industry standard is amended or replaced. (2) If a device is manufactured or imported during a transition period in relation to an applicable industry standard, the manufacturer or importer of the device may choose whether the applicable industry standard for the device is: (a) the applicable industry standard as in force immediately before the commencement of the transition period; or (b) either: (i) if the applicable industry standard was amended – the applicable industry standard as in force at the commencement of the transition period; or (ii) if the applicable industry standard was replaced by a new applicable industry standard – the new applicable industry standard as in force at the commencement of the transition period. (3) If: (a) a transition period overlaps with another transition period in relation to an applicable industry standard; and (b) a device is manufactured or imported during the period of overlap; the manufacturer or importer of the device may choose whether the applicable industry standard for the device is: (c) the applicable industry standard as in force immediately before the commencement of the earliest of those transition periods; or (d) either: (i) if, in relation to one or more of those transition periods, the applicable industry standard was amended – the applicable industry standard as in force at the commencement of the earliest of those transition periods; or (ii) if, in relation to one or more of those transition periods, the applicable industry standard was replaced by a new applicable industry standard – a new applicable industry standard as in force at the commencement of any one of those transition periods.

Part 4—Savings and transitional arrangements

12 Transitional arrangements in relation to the previous standard

If a device is manufactured or imported before the commencement day, and the device complies with the Radiocommunications (Electromagnetic Compatibility) Standard 2008 as in force immediately before the commencement day, the device is taken to comply with this standard.

Name

1 Name

This is the Radiocommunications (Electromagnetic Compatibility) Standard 2017.

Commencement

2 Commencement

This standard commences at the start of the day after it is registered on the Federal Register of Legislation.

Note: The Federal Register of Legislation may be accessed at www.legislation.gov.au.

Authority

3 Authority

This standard is made under subsection 162(1) of the Act.

Repeal of the Radiocommunications (Electromagnetic Compatibility) Standard 2008

4 Repeal of the Radiocommunications (Electromagnetic Compatibility) Standard 2008

The Radiocommunications (Electromagnetic Compatibility) Standard 2008 (F2008L00261) is repealed.

Background

5 Background

Part 2

Interpretation

View image in the official source

Radiocommunications (Electromagnetic Compatibility) Standard 2017

The Australian Communications and Media Authority makes the following standard under subsection 162(1) of the Radiocommunications Act 1992.

Dated: 18 December 2017

Nerida O’Loughlin

[signed]

Member

Brendan Byrne

[signed]

Member/General Manager

Australian Communications and Media Authority

Part 1—Preliminary

1 Name

This is the Radiocommunications (Electromagnetic Compatibility) Standard 2017.

2 Commencement

This standard commences at the start of the day after it is registered on the Federal Register of Legislation.

Note: The Federal Register of Legislation may be accessed at www.legislation.gov.au.

3 Authority

This standard is made under subsection 162(1) of the Act.

4 Repeal of the Radiocommunications (Electromagnetic Compatibility) Standard 2008

The Radiocommunications (Electromagnetic Compatibility) Standard 2008 (F2008L00261) is repealed.

5 Background

Part 2—Interpretation

6 Definitions

(1) In this standard:

applicable industry standard, in relation to a device, has the meaning given by section 8.

commencement day means the day on which this standard commences.

list of standards has the meaning given by subsection (2).

Official Journal period, in relation to an applicable industry standard that is amended or replaced, means the period:

(a) commencing on the day the applicable industry standard is amended or replaced; and
(b) ending on the date of cessation of presumption of conformity mentioned from time to time in the Official Journal of the European Union for the applicable industry standard.

Note 1: At the date of making this Notice, the Official Journal of the European Union was published on the European Union Law website http://eur-lex.europa.eu.

Note 2: A number of other expressions used in this standard are defined in the Act and the Radiocommunications (Interpretation) Determination 2015, including the following:

(a) ACCC (see section 5 of the Act);
(b) ACMA (see section 5 of the Act);
(c) Act (see section 4 of that determination);
(d) Australia (see section 5 of the Act);
(e) device (section 5 and subsection 9(1) of the Act);
(f) import (see section 5 of the Act);
(g) supply (see section 5 of the Act).
Note 3: See paragraph 3(2)(g) of the Radiocommunications (Interpretation) Determination 2015, which is made under subsection 64(1) of the Australian Communications and Media Authority Act 2005, for the application of that determination to this standard.

Note: A copy of a document created by Standards Australia could, at the date of making this Notice, be obtained for a fee from SAI Global’s website at https://infostore.saiglobal.com/, or could be viewed at an office of the ACMA or ACCC on prior request and subject to licensing conditions.

A copy of a document created by the International Electrotechnical Commission could, at the date of making this Notice, be obtained for a fee from the International Electrotechnical Commission’s website at http://www.iec.ch, or could be viewed at an office of the ACMA or ACCC on prior request and subject to licensing conditions.

A copy of a document created by a body mentioned in subparagraph (2)(c)(iii), (iv) or (v) could, at the date of making this Notice, be obtained for a fee from any of the National Committees which are listed at https://www.cenelec.eu/dyn/www/f?p=web:5, or could be viewed at an office of the ACMA or ACCC on prior request and subject to licensing conditions.

If a copy of a document created by another standards development organisation is not otherwise freely available, the ACMA intends to obtain a copy for viewing on request and subject to licensing conditions.

7 References to other instruments

Note 1: For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.

Note 2: All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.

Note 3: For references to an applicable industry standard, see Note 1 at the end of subsection 8(1).

Note 4: For paragraph (b), see section 314A of the Act.

8 Applicable industry standard

(1) In this standard, subject to subsections (2), (3) and (4), the applicable industry standard, for a device, has the meaning determined using the following table:

Item	If...	the applicable industry standard for the device is....
1	a document in column 2 of Part 2 of the list of standards is expressed to apply to the device	that document
2	item 1 does not apply to the device	any of the documents mentioned in column 2 of Part 1 of the list of standards

Note 1: An applicable industry standard is incorporated as in force at the times mentioned in section 11.

Note 2: See the Note to subsection 6(2) for information about how a copy of an applicable standard can be obtained.

Note 3: Column 7 of the list of standards gives a manufacturer or importer of a device guidance about whether a particular standard listed in column 2 of Part 1 and 2 of the list of standards may apply to a device they manufacture or import.
Note 4: If an applicable standard mentioned in item 2 of the table in subsection 8 (1) has passed its expiry date, information in column 10 of the list of standards may give details about a standard that replaces the applicable industry standard (replacement standard), including the name and commencement date of the replacement standard.

Part 3—Application and requirements

9 Application

10 Requirement

11 Transition periods – choice of applicable industry standard

Part 4—Savings and transitional arrangements

12 Transitional arrangements in relation to the previous standard

Definitions

6 Definitions

(1) In this standard:

applicable industry standard, in relation to a device, has the meaning given by section 8.

commencement day means the day on which this standard commences.

list of standards has the meaning given by subsection (2).

Official Journal period, in relation to an applicable industry standard that is amended or replaced, means the period:

(a) commencing on the day the applicable industry standard is amended or replaced; and
(b) ending on the date of cessation of presumption of conformity mentioned from time to time in the Official Journal of the European Union for the applicable industry standard.

Note 1: At the date of making this Notice, the Official Journal of the European Union was published on the European Union Law website http://eur-lex.europa.eu.

Note 2: A number of other expressions used in this standard are defined in the Act and the Radiocommunications (Interpretation) Determination 2015, including the following:

(a) ACCC (see section 5 of the Act);
(b) ACMA (see section 5 of the Act);
(c) Act (see section 4 of that determination);
(d) Australia (see section 5 of the Act);
(e) device (section 5 and subsection 9(1) of the Act);
(f) import (see section 5 of the Act);
(g) supply (see section 5 of the Act).
Note 3: See paragraph 3(2)(g) of the Radiocommunications (Interpretation) Determination 2015, which is made under subsection 64(1) of the Australian Communications and Media Authority Act 2005, for the application of that determination to this standard.

Note: A copy of a document created by Standards Australia could, at the date of making this Notice, be obtained for a fee from SAI Global’s website at https://infostore.saiglobal.com/, or could be viewed at an office of the ACMA or ACCC on prior request and subject to licensing conditions.

A copy of a document created by the International Electrotechnical Commission could, at the date of making this Notice, be obtained for a fee from the International Electrotechnical Commission’s website at http://www.iec.ch, or could be viewed at an office of the ACMA or ACCC on prior request and subject to licensing conditions.

A copy of a document created by a body mentioned in subparagraph (2)(c)(iii), (iv) or (v) could, at the date of making this Notice, be obtained for a fee from any of the National Committees which are listed at https://www.cenelec.eu/dyn/www/f?p=web:5, or could be viewed at an office of the ACMA or ACCC on prior request and subject to licensing conditions.

If a copy of a document created by another standards development organisation is not otherwise freely available, the ACMA intends to obtain a copy for viewing on request and subject to licensing conditions.

References to other instruments

7 References to other instruments

Note 1: For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.

Note 2: All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.

Note 3: For references to an applicable industry standard, see Note 1 at the end of subsection 8(1).

Note 4: For paragraph (b), see section 314A of the Act.

Applicable industry standard

8 Applicable industry standard

(1) In this standard, subject to subsections (2), (3) and (4), the applicable industry standard, for a device, has the meaning determined using the following table:

Item	If...	the applicable industry standard for the device is....
1	a document in column 2 of Part 2 of the list of standards is expressed to apply to the device	that document
2	item 1 does not apply to the device	any of the documents mentioned in column 2 of Part 1 of the list of standards

Note 1: An applicable industry standard is incorporated as in force at the times mentioned in section 11.

Note 2: See the Note to subsection 6(2) for information about how a copy of an applicable standard can be obtained.

Note 3: Column 7 of the list of standards gives a manufacturer or importer of a device guidance about whether a particular standard listed in column 2 of Part 1 and 2 of the list of standards may apply to a device they manufacture or import.
Note 4: If an applicable standard mentioned in item 2 of the table in subsection 8 (1) has passed its expiry date, information in column 10 of the list of standards may give details about a standard that replaces the applicable industry standard (replacement standard), including the name and commencement date of the replacement standard.

Part 3

Application and requirements

View image in the official source

Radiocommunications (Electromagnetic Compatibility) Standard 2017

The Australian Communications and Media Authority makes the following standard under subsection 162(1) of the Radiocommunications Act 1992.

Dated: 18 December 2017

Nerida O’Loughlin

[signed]

Member

Brendan Byrne

[signed]

Member/General Manager

Australian Communications and Media Authority

Part 1—Preliminary

1 Name

This is the Radiocommunications (Electromagnetic Compatibility) Standard 2017.

2 Commencement

This standard commences at the start of the day after it is registered on the Federal Register of Legislation.

Note: The Federal Register of Legislation may be accessed at www.legislation.gov.au.

3 Authority

This standard is made under subsection 162(1) of the Act.

4 Repeal of the Radiocommunications (Electromagnetic Compatibility) Standard 2008

The Radiocommunications (Electromagnetic Compatibility) Standard 2008 (F2008L00261) is repealed.

5 Background

Part 2—Interpretation

6 Definitions

(1) In this standard:

applicable industry standard, in relation to a device, has the meaning given by section 8.

commencement day means the day on which this standard commences.

list of standards has the meaning given by subsection (2).

Official Journal period, in relation to an applicable industry standard that is amended or replaced, means the period:

(a) commencing on the day the applicable industry standard is amended or replaced; and
(b) ending on the date of cessation of presumption of conformity mentioned from time to time in the Official Journal of the European Union for the applicable industry standard.

Note 1: At the date of making this Notice, the Official Journal of the European Union was published on the European Union Law website http://eur-lex.europa.eu.

Note 2: A number of other expressions used in this standard are defined in the Act and the Radiocommunications (Interpretation) Determination 2015, including the following:

(a) ACCC (see section 5 of the Act);
(b) ACMA (see section 5 of the Act);
(c) Act (see section 4 of that determination);
(d) Australia (see section 5 of the Act);
(e) device (section 5 and subsection 9(1) of the Act);
(f) import (see section 5 of the Act);
(g) supply (see section 5 of the Act).
Note 3: See paragraph 3(2)(g) of the Radiocommunications (Interpretation) Determination 2015, which is made under subsection 64(1) of the Australian Communications and Media Authority Act 2005, for the application of that determination to this standard.

Note: A copy of a document created by Standards Australia could, at the date of making this Notice, be obtained for a fee from SAI Global’s website at https://infostore.saiglobal.com/, or could be viewed at an office of the ACMA or ACCC on prior request and subject to licensing conditions.

A copy of a document created by the International Electrotechnical Commission could, at the date of making this Notice, be obtained for a fee from the International Electrotechnical Commission’s website at http://www.iec.ch, or could be viewed at an office of the ACMA or ACCC on prior request and subject to licensing conditions.

A copy of a document created by a body mentioned in subparagraph (2)(c)(iii), (iv) or (v) could, at the date of making this Notice, be obtained for a fee from any of the National Committees which are listed at https://www.cenelec.eu/dyn/www/f?p=web:5, or could be viewed at an office of the ACMA or ACCC on prior request and subject to licensing conditions.

If a copy of a document created by another standards development organisation is not otherwise freely available, the ACMA intends to obtain a copy for viewing on request and subject to licensing conditions.

7 References to other instruments

Note 1: For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.

Note 2: All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.

Note 3: For references to an applicable industry standard, see Note 1 at the end of subsection 8(1).

Note 4: For paragraph (b), see section 314A of the Act.

8 Applicable industry standard

(1) In this standard, subject to subsections (2), (3) and (4), the applicable industry standard, for a device, has the meaning determined using the following table:

Item	If...	the applicable industry standard for the device is....
1	a document in column 2 of Part 2 of the list of standards is expressed to apply to the device	that document
2	item 1 does not apply to the device	any of the documents mentioned in column 2 of Part 1 of the list of standards

Note 1: An applicable industry standard is incorporated as in force at the times mentioned in section 11.

Note 2: See the Note to subsection 6(2) for information about how a copy of an applicable standard can be obtained.

Note 3: Column 7 of the list of standards gives a manufacturer or importer of a device guidance about whether a particular standard listed in column 2 of Part 1 and 2 of the list of standards may apply to a device they manufacture or import.
Note 4: If an applicable standard mentioned in item 2 of the table in subsection 8 (1) has passed its expiry date, information in column 10 of the list of standards may give details about a standard that replaces the applicable industry standard (replacement standard), including the name and commencement date of the replacement standard.

Part 3—Application and requirements

9 Application

10 Requirement

11 Transition periods – choice of applicable industry standard

Part 4—Savings and transitional arrangements

12 Transitional arrangements in relation to the previous standard

Application

9 Application

Requirement

10 Requirement

Transition periods — choice of applicable industry standard

11 Transition periods – choice of applicable industry standard

Part 4

Savings and transitional arrangements

View image in the official source

Radiocommunications (Electromagnetic Compatibility) Standard 2017

The Australian Communications and Media Authority makes the following standard under subsection 162(1) of the Radiocommunications Act 1992.

Dated: 18 December 2017

Nerida O’Loughlin

[signed]

Member

Brendan Byrne

[signed]

Member/General Manager

Australian Communications and Media Authority

Part 1—Preliminary

1 Name

This is the Radiocommunications (Electromagnetic Compatibility) Standard 2017.

2 Commencement

This standard commences at the start of the day after it is registered on the Federal Register of Legislation.

Note: The Federal Register of Legislation may be accessed at www.legislation.gov.au.

3 Authority

This standard is made under subsection 162(1) of the Act.

4 Repeal of the Radiocommunications (Electromagnetic Compatibility) Standard 2008

The Radiocommunications (Electromagnetic Compatibility) Standard 2008 (F2008L00261) is repealed.

5 Background

Part 2—Interpretation

6 Definitions

(1) In this standard:

applicable industry standard, in relation to a device, has the meaning given by section 8.

commencement day means the day on which this standard commences.

list of standards has the meaning given by subsection (2).

Official Journal period, in relation to an applicable industry standard that is amended or replaced, means the period:

(a) commencing on the day the applicable industry standard is amended or replaced; and
(b) ending on the date of cessation of presumption of conformity mentioned from time to time in the Official Journal of the European Union for the applicable industry standard.

Note 1: At the date of making this Notice, the Official Journal of the European Union was published on the European Union Law website http://eur-lex.europa.eu.

Note 2: A number of other expressions used in this standard are defined in the Act and the Radiocommunications (Interpretation) Determination 2015, including the following:

(a) ACCC (see section 5 of the Act);
(b) ACMA (see section 5 of the Act);
(c) Act (see section 4 of that determination);
(d) Australia (see section 5 of the Act);
(e) device (section 5 and subsection 9(1) of the Act);
(f) import (see section 5 of the Act);
(g) supply (see section 5 of the Act).
Note 3: See paragraph 3(2)(g) of the Radiocommunications (Interpretation) Determination 2015, which is made under subsection 64(1) of the Australian Communications and Media Authority Act 2005, for the application of that determination to this standard.

Note: A copy of a document created by Standards Australia could, at the date of making this Notice, be obtained for a fee from SAI Global’s website at https://infostore.saiglobal.com/, or could be viewed at an office of the ACMA or ACCC on prior request and subject to licensing conditions.

A copy of a document created by the International Electrotechnical Commission could, at the date of making this Notice, be obtained for a fee from the International Electrotechnical Commission’s website at http://www.iec.ch, or could be viewed at an office of the ACMA or ACCC on prior request and subject to licensing conditions.

A copy of a document created by a body mentioned in subparagraph (2)(c)(iii), (iv) or (v) could, at the date of making this Notice, be obtained for a fee from any of the National Committees which are listed at https://www.cenelec.eu/dyn/www/f?p=web:5, or could be viewed at an office of the ACMA or ACCC on prior request and subject to licensing conditions.

If a copy of a document created by another standards development organisation is not otherwise freely available, the ACMA intends to obtain a copy for viewing on request and subject to licensing conditions.

7 References to other instruments

Note 1: For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.

Note 2: All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.

Note 3: For references to an applicable industry standard, see Note 1 at the end of subsection 8(1).

Note 4: For paragraph (b), see section 314A of the Act.

8 Applicable industry standard

(1) In this standard, subject to subsections (2), (3) and (4), the applicable industry standard, for a device, has the meaning determined using the following table:

Item	If...	the applicable industry standard for the device is....
1	a document in column 2 of Part 2 of the list of standards is expressed to apply to the device	that document
2	item 1 does not apply to the device	any of the documents mentioned in column 2 of Part 1 of the list of standards

Note 1: An applicable industry standard is incorporated as in force at the times mentioned in section 11.

Note 2: See the Note to subsection 6(2) for information about how a copy of an applicable standard can be obtained.

Note 3: Column 7 of the list of standards gives a manufacturer or importer of a device guidance about whether a particular standard listed in column 2 of Part 1 and 2 of the list of standards may apply to a device they manufacture or import.
Note 4: If an applicable standard mentioned in item 2 of the table in subsection 8 (1) has passed its expiry date, information in column 10 of the list of standards may give details about a standard that replaces the applicable industry standard (replacement standard), including the name and commencement date of the replacement standard.

Part 3—Application and requirements

9 Application

10 Requirement

11 Transition periods – choice of applicable industry standard

Part 4—Savings and transitional arrangements

12 Transitional arrangements in relation to the previous standard

Transitional arrangements in relation to the previous standard

12 Transitional arrangements in relation to the previous standard

Source text: opening excerpt

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

Part 1 Preliminary

Radiocommunications (Electromagnetic Compatibility) Standard 2017

The Australian Communications and Media Authority makes the following standard under subsection 162(1) of the Radiocommunications Act 1992.

Dated: 18 December 2017

Nerida O’Loughlin

[signed]

Member

Brendan Byrne

[signed]

Member/General Manager

Australian Communications and Media Authority

Part 1—Preliminary

1 Name

This is the Radiocommunications (Electromagnetic Compatibility) Standard 2017.

2 Commencement

This standard commences at the start of the day after it is registered on the Federal Register of Legislation.

Note: The Federal Register of Legislation may be accessed at www.legislation.gov.au.

3 Authority

This standard is made under subsection 162(1) of the Act.

4 Repeal of the Radiocommunications (Electromagnetic Compatibility) Standard 2008

The Radiocommunications (Electromagnetic Compatibility) Standard 2008 (F2008L00261) is repealed.

5 Background

Part 2—Interpretation

6 Definitions

(1) In this standard:

applicable industry standard, in relation to a device, has the meaning given by section 8.

commencement day means the day on which this standard commences.

list of standards has the meaning given by subsection (2).

Official Journal period, in relation to an applicable industry standard that is amended or replaced, means the period:

(a) commencing on the day the applicable industry standard is amended or replaced; and
(b) ending on the date of cessation of presumption of conformity mentioned from time to time in the Official Journal of the European Union for the applicable industry standard.

To operationalise compliance with the Radiocommunications (Electromagnetic Compatibility) Standard 2017, follow a sequence of concrete steps grounded in the instrument’s terms. The checklist below specifies actions tied to the relevant provisions, recordkeeping recommendations, and monitoring tasks.

Confirm whether the device falls within the standard’s application (section 9)

Check whether the device is "manufactured in, or imported into, Australia for supply" (s 9).
Verify whether the device is mentioned in Schedule 2 to the Radiocommunications (Electromagnetic Compatibility) Labelling Notice 2017. If it is, this EMC standard does not apply to that device (s 9).

Identify the applicable industry standard (section 6 and section 8)

Consult the ACMA list of standards at the web address specified in the instrument: http://www.acma.gov.au/standards/emc (s 6(2)(a)).
Determine whether a document in column 2 of Part 2 of the list is "expressed to apply to the device". If so, that document is the applicable industry standard (s 8(1), item 1).
If no Part 2 document applies, identify candidate documents from column 2 of Part 1 of the list (s 8(1), item 2).
Check column 7 guidance (as identified in the instrument’s notes) to assist in assessing whether a particular standard may apply to your device (s 8 note 3).
Check column 10 remarks for any modifications to the standard’s application or to find replacement standard details (s 8(4); s 8 note 4).

Confirm the relevant version and timing (section 10 and section 11)

If the device is already manufactured (in Australia) or already imported, the version of the applicable industry standard that must be complied with is the version "as in force" on the day the device was manufactured or imported respectively (s 10).
If the applicable industry standard has been amended or replaced and the device was manufactured or imported during a transition period, exercise the choice available in s 11(2): either the standard as in force immediately before the transition period, or the standard as in force at the commencement of the transition period (s 11(2)(a)-(b)). For CENELEC standards, the transition period equals the Official Journal period; for other standards it is two years (s 11(1)).
If transition periods overlap and the device was manufactured or imported during the overlap, exercise the choice options in s 11(3).

Obtain and read the applicable standard and any modifying remarks (section 6(2) and section 8(4))

Acquire a copy of the applicable standard. Note the instrument’s directions about access: Standards Australia documents may be available for a fee from SAI Global; IEC documents may be available for a fee from IEC; CENELEC/CEN/ETSI documents may be available via National Committees; and ACMA intends to obtain copies for viewing on request if not otherwise freely available (s 6(2) notes).
If column 10 contains remarks that modify application/requirements, ensure your reading of the standard reflects those modifications; by s 8(4) the applicable industry standard is "the document as modified by those remarks".

Map the standard to interference‑related requirements (note to s 10)

Analyse the applicable industry standard at clause level to identify the provisions that "relate to interference with radiocommunications or to any uses or functions of devices", because the device must comply only to that extent (s 10 note).
Document which clauses are in scope for EMC obligations and which are not, with cross‑references to the standard’s clause numbers for auditability.

Testing, certification and technical conformity (operational, not specified in text)

Although the instrument does not itself specify testing regimes, ensure that devices meet the identified requirements of the applicable standard through appropriate design, testing, and quality systems. Maintain test reports, certificates, or supplier declarations mapped to the applicable clauses and the applicable standard version.

Recordkeeping and evidence (cross‑cutting duty)

Retain clear evidence of the date of manufacture or import for each device or production batch, as that date fixes which version of the standard applies under s 10.
Record which applicable industry standard was identified, whether a choice was made under s 8(3) or s 11(2)-(3), and the rationale and documentation supporting that choice.
Keep copies or viewing evidence of the applicable standard, column 10 remarks, and any replacement standard information relied upon.

Monitor the ACMA list and external change triggers (s 6(2); s 11)

Regularly monitor the ACMA list (http://www.acma.gov.au/standards/emc) for updates, expiry notices, replacement standards, and column 10 remarks.
For standards created by the European Committee for Electrotechnical Standardization, monitor the Official Journal of the European Union for statements about cessation of presumption of conformity, since this timing affects the Official Journal period transition window (s 6(1) definition; s 11(1)(a)).
Where a standard is amended or replaced, determine whether devices currently manufactured or imported fall into any transition period and apply the choice options in s 11 accordingly.

Check for exclusions and interactions (s 9; s 7)

Confirm whether the device is excluded by Schedule 2 to the Labelling Notice (s 9).
Where in doubt about definitions (for example "device", "import", "supply"), consult the Radiocommunications Act 1992 and the Radiocommunications (Interpretation) Determination 2015, as the instrument relies on those definitions (s 6(1) note 2).

Budget and plan for access costs

Anticipate costs to obtain standards (purchase fees or licensing) and account for the ACMA/ACCC viewing arrangements where licensing conditions apply (s 6(2) notes). Where a standard is not freely available, contact ACMA to request viewing arrangements and note any licence conditions.

Engage appropriate technical and legal expertise

Use technical specialists to map standards’ technical clauses to device designs and to produce test evidence.
Use legal or compliance specialists to document choices under s 8(3) or s 11(2)-(3), to interpret column 10 remarks, and to link compliance status to manufacture/import dates.

For legacy devices, apply the savings clause where applicable (s 12)

If devices were manufactured or imported before the commencement day and complied with the 2008 standard "as in force immediately before the commencement day", those devices are "taken to comply with this standard" (s 12). Retain evidence of compliance with the 2008 standard and the manufacture/import dates to rely on this saving provision.

Summary checklist (practical)

Step 1: Confirm device coverage (s 9).
Step 2: Identify applicable industry standard via ACMA list (s 6(2); s 8).
Step 3: Confirm applicable version tied to manufacture/import date (s 10).
Step 4: Check column 10 remarks and expiry/replacement info (s 8(2), s 8(4)).
Step 5: Map to interference‑related clauses only (s 10 note).
Step 6: Test/confirm conformity and retain test reports mapped to clauses.
Step 7: Document date, standard/version, and any choices made during transition (s 11).
Step 8: Monitor ACMA list and Official Journal for future changes (s 6(2); s 11).

Following these steps will align operational practice with the statutory mechanics established by the Radiocommunications (Electromagnetic Compatibility) Standard 2017. The standard delegates substantive technical detail to external documents, so compliance is achieved by correctly identifying the applicable document and version, mapping the device to the standard's interference‑related clauses, and maintaining contemporaneous evidence of manufacture/import dates and conformity testing.