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5 Equipment rules and international instruments

(1) A person must not operate a transmitter under this Class Licence if:

(a) operation of the transmitter would contravene a prohibition or an obligation imposed by the equipment rules; or

(b) the transmitter does not comply with an applicable instrument for the transmitter (if any).

Note For paragraph (a), the equipment rules may provide for an exemption to a prohibition or an obligation, or may allow for a permit to perform an act that would otherwise contravene a prohibition or an obligation.

(2) Paragraph (1)(b) does not apply in relation to the operation of a transmitter under this Class Licence if:

(a) the transmitter is imported solely for use or operation in Australia in connection with a significant event;

(b) in a case where there is a requirement, imposed otherwise than by an applicable instrument for the transmitter, to the effect that the transmitter is tested or inspected before it may be used or operated in Australia – the requirement has been satisfied;

(c) in a case where there is a condition or requirement, imposed otherwise than by an applicable instrument for the transmitter, on the use or operation of the transmitter in Australia – the transmitter is only used or operated in compliance with that condition or requirement; and

(d) the transmitter is used or operated in Australia only at the location, and only during the period, of the significant event.

(3) In this section, applicable instrument, for a transmitter mentioned in column 1 of an item in Schedule 2, means an international instrument that applies to the transmitter that is mentioned in column 2 of the item.

Note 1: The upper and lower limits of the permitted operating frequency band mentioned in column 2 of an item in Schedule 1 apply to a transmitter mentioned in column 1 of the item, irrespective of any frequency limits specified in any applicable instrument for the transmitter.

Note 2: The full titles and sources for an international instrument that is an applicable instrument mentioned in column 4 (Limitations) of the table in Schedule 1 are set out in Schedule 2.

Note 3: If a device is labelled with the Regulatory Compliance Mark (or the C-Tick mark before 1 March 2016), it is a representation by the supplier that the device, as supplied, complies with any standard or equipment rule that applies to the device at the time the device is supplied.

Note 4: A reference to equipment rules is to equipment rules made by the ACMA under section 156 of the Act. This Class Licence also requires transmitters to comply with instruments that set requirements for performance, including instruments produced by the ETSI and the FCC.

Note 5: An applicable instrument for a transmitter may be amended over time, or may incorporate amendments to other instruments. A person who wishes to operate a transmitter should check the ACMA’s equipment rules and other instruments to determine which version of the applicable instrument applies to the transmitter.

(4) A person must not operate a transmitter or group of transmitters under this Class Licence if the electromagnetic radiation emitted by the transmitter or group of transmitters exceeds the general public exposure limits specified in the ARPANSA Standard in a place accessible by the public.

Note 1 A transmitter with an integral antenna must not be supplied unless it complies with the standard prescribed by Schedule 4 to the Radiocommunications Equipment (General) Rules 2021, which adopts the exposure limits specified in the ARPANSA Standard. Subsection 5(4) has the effect that the exposure limits specified in the ARPANSA Standard must also be met by a transmitter whether on its own or included in a group of transmitters) to which, after it is supplied, a person attaches an external antenna (that is, an antenna other than an integral antenna), located in an area accessible to the public. An integral antenna is an antenna that is permanently fixed to a device, or which is intended for direct attachment to a fixed connector on the device, without the use of an external cable.

Note 2 A transmitter with a dedicated antenna (as defined by applicable instruments produced by ETSI) is equivalent to a transmitter with an integral antenna for the purpose of the ARPANSA Standard.

Note 3 The standards AS/NZS IEC 60825.14 Safety of laser products – A user’s guide and AS/NZS IEC 60825.1 Safety of laser products – Equipment classification and requirements set out the requirements that are necessary to protect persons from radiation from laser devices, the use of many of which is authorised by this Class Licence.

Note 4 Where a transmitter or group of transmitters, is capable of operating simultaneously on frequencies in more than one operating frequency band mentioned in column 2 of the table in Schedule 1 in places accessible by the public, the general public exposure limits specified in the ARPANSA Standard apply to the total power that is emitted.