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This is the Radiocommunications (Labelling) Determination 2023.
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Commonwealth legislation
This instrument requires the operator of certain high‑power, fixed transmitters located at communal sites (licensed under a transmitter licence other than a PTS and not a broadcasting station) to attach a contrasting label showing the transmitter’s frequency assignment number and the words “Do Not Remove” (s7–s8). Operators carry the compliance cost; labels that complied with the 2013 Determination remain valid (s4, s9). It commences the day after registration and is made under subsection 300(1) of the Act (s2–s3).
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Direct links to the current provisions in Radiocommunications (Labelling) Determination 2023.
This is the Radiocommunications (Labelling) Determination 2023.
This instrument commences at the start of the day after the day it is registered.
Note: The Federal Register of Legislation is available, free of charge, at www.legislation.gov.au.
This instrument is made under subsection 300(1) of the Act.
The Radiocommunications (Labelling) Determination 2013 [F2013L00821] is repealed.
In this instrument, unless the contrary intention appears:
commencement date means the date this instrument commences.
fixed transmitter means a radiocommunications transmitter:
(a) located at a fixed point on land or sea; and
(b) not designed or intended for use while in motion.
frequency assignment number, in relation to a radiocommunications transmitter, means the number included in the Register as a unique identifier of the use, by the transmitter, of a particular frequency or particular part of the spectrum.
Note: At the time this instrument was made, the frequency assignment number in relation to a radiocommunications transmitter operated under a transmitter licence was the number referred to in paragraph 10(4)(a) of the Radiocommunications (Register of Radiocommunications Licences) Determination 2017.
high power transmitter means a fixed transmitter that is authorised to operate with an EIRP greater than 2 watts.
relevant transmitter: see section 7.
Note 1: A number of other expressions used in this instrument are defined in the Act, including the following:
(a) broadcasting station;
(b) radiocommunications transmitter;
(c) Register;
(d) spectrum;
(e) transmitter licence.
Note 2: In accordance with section 64 of the Australian Communications and Media Authority Act 2005, other expressions in this instrument have the same meaning as in the Radiocommunications (Interpretation) Determination 2015, including:
(a) Act;
(b) communal site;
(c) EIRP;
(d) PTS licence.
In this instrument, 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 existing, 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: See section 314A of the Act.
A radiocommunications transmitter is a relevant transmitter if: (a) the operation of the transmitter is authorised by a transmitter licence, other than a PTS licence; and (b) the transmitter is not a broadcasting station; and (c) the transmitter is a high-power transmitter; and (d) the transmitter is located at a communal site.
Requirement to apply a label. (1) For the purposes of section 300 of the Act, a person who operates a relevant transmitter must apply to that transmitter a label that complies with both subsections (2) and (3).
Note: The person who operates the relevant transmitter may be the licensee of the transmitter licence that authorises operation of the transmitter, or a person authorised under section 114 of the Act to operate the transmitter under the licence.
Information on label (2) For a label to comply with this subsection, the label must set out the following information: (a) the frequency assignment number for the relevant transmitter; and (b) the statement ‘Do Not Remove.’ Form of label (3) For a label to comply with this subsection, the text of the label must be in a contrasting colour to the background of the label.
Note: Example: If the background of the label were white, the label would comply with subsection (3) if the text of the label were black.
If: (a) before the commencement date, a person applied a label to a relevant transmitter; and (b) both the label and the application of that label to that transmitter complied with the Radiocommunications (Labelling) Determination 2013, as in force at the time the label was applied; and (c) the label has not been removed from that transmitter; the person is taken to have complied with section 8.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
This is the Radiocommunications (Labelling) Determination 2023.
This instrument commences at the start of the day after the day it is registered.
Note: The Federal Register of Legislation is available, free of charge, at www.legislation.gov.au.
This instrument is made under subsection 300(1) of the Act.
The Radiocommunications (Labelling) Determination 2013 [F2013L00821] is repealed.
In this instrument, unless the contrary intention appears:
commencement date means the date this instrument commences.
fixed transmitter means a radiocommunications transmitter:
(a) located at a fixed point on land or sea; and
(b) not designed or intended for use while in motion.
frequency assignment number, in relation to a radiocommunications transmitter, means the number included in the Register as a unique identifier of the use, by the transmitter, of a particular frequency or particular part of the spectrum.
Note: At the time this instrument was made, the frequency assignment number in relation to a radiocommunications transmitter operated under a transmitter licence was the number referred to in paragraph 10(4)(a) of the Radiocommunications (Register of Radiocommunications Licences) Determination 2017.
high power transmitter means a fixed transmitter that is authorised to operate with an EIRP greater than 2 watts.
relevant transmitter: see section 7.
Note 1: A number of other expressions used in this instrument are defined in the Act, including the following:
(a) broadcasting station;
(b) radiocommunications transmitter;
(c) Register;
(d) spectrum;
(e) transmitter licence.
Note 2: In accordance with section 64 of the Australian Communications and Media Authority Act 2005, other expressions in this instrument have the same meaning as in the Radiocommunications (Interpretation) Determination 2015, including:
(a) Act;
(b) communal site;
(c) EIRP;
(d) PTS licence.
In this instrument, 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 existing, 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: See section 314A of the Act.
A radiocommunications transmitter is a relevant transmitter if: (a) the operation of the transmitter is authorised by a transmitter licence, other than a PTS licence; and (b) the transmitter is not a broadcasting station; and (c) the transmitter is a high-power transmitter; and (d) the transmitter is located at a communal site.
Requirement to apply a label. (1) For the purposes of section 300 of the Act, a person who operates a relevant transmitter must apply to that transmitter a label that complies with both subsections (2) and (3).
Note: The person who operates the relevant transmitter may be the licensee of the transmitter licence that authorises operation of the transmitter, or a person authorised under section 114 of the Act to operate the transmitter under the licence.
Information on label (2) For a label to comply with this subsection, the label must set out the following information: (a) the frequency assignment number for the relevant transmitter; and (b) the statement ‘Do Not Remove.’ Form of label (3) For a label to comply with this subsection, the text of the label must be in a contrasting colour to the background of the label.
Note: Example: If the background of the label were white, the label would comply with subsection (3) if the text of the label were black.
If: (a) before the commencement date, a person applied a label to a relevant transmitter; and (b) both the label and the application of that label to that transmitter complied with the Radiocommunications (Labelling) Determination 2013, as in force at the time the label was applied; and (c) the label has not been removed from that transmitter; the person is taken to have complied with section 8.