legislative instruments—
Proposal to remake instruments:
Radiocommunications (Electromagnetic Radiation – Human Exposure) Standard 2003
Radiocommunications (Compliance Labelling – Electromagnetic Radiation) Notice 2003
Consultation paper
MARCH 2014
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Contents (Continued)
Background
Brief details of what each of the legislative instruments does
Proposed changes to the legislative instruments
Radiocommunications (Electromagnetic Radiation – Human Exposure) Standard 2003
Radiocommunications (Compliance Labelling – Electromagnetic Radiation) Notice 2003
Request for comment
Making a submission
acma | 1Background
Under Part 6 of the Legislative Instruments Act 2003, most legislative instruments ‘sunset’ (that is, they are automatically repealed) on the 1 April or 1October that first occurs 10 years after they are registered on the Federal Register of Legislative Instruments. This is an automatic process applying to most legislative instruments regardless of their particular content.
Among the legislative instruments made by the Australian Communications and Media Authority (the ACMA), which are due to sunset in the near future,are the following related instruments, due to sunset on the following dates:
Name of instrument / Sunset dateRadiocommunications (Electromagnetic Radiation
– Human Exposure) Standard 2003 / 1 October 2015
Radiocommunications (Compliance Labelling
– Electromagnetic Radiation) Notice 2003 / 1 October 2015
The ACMA has formed the preliminary view that each of these instruments is operating effectively and efficiently and, as such, continues to form a necessary and useful part of the legislative framework. Accordingly, the ACMA proposes to remake each of them in a new instrument prior to the sunset date referred to above without any significant changes, so that their ongoing effect is preserved.
The ACMA proposes to remake the instruments with only such minor, necessary changes as are referred to belowand to retitle them:
Radiocommunications (Electromagnetic Radiation – Human Exposure) Standard 2014
Radiocommunications (Compliance Labelling – Electromagnetic Radiation) Notice 2014
Brief details of what each of the legislative instruments does
Radiocommunications (Electromagnetic Radiation – Human Exposure) Standard 2003 (the Human Exposure Standard)
The Human Exposure Standard specifies Electromagnetic Emission(EME) exposure limits for mobile and portable radiocommunications transmitters and the test method a supplier must follow to determine the specific absorption rate (SAR) for a device.
The Human Exposure Standard adopts the EME exposure limits specified in the Australian Radiation Protection and Nuclear Safety Agency (ARPANSA) Radiation Protection Standard for Maximum Exposure Levels to Radiofrequency Fields –3 kHz to 300 GHz (2002) (the ARPANSA Standard).
Radiocommunications (Compliance Labelling –Electromagnetic Radiation) Notice 2003 (the EME Labelling Notice)
The EME Labelling Notice sets testing, labelling and record-keeping requirements for suppliers of specified radiocommunications transmitters. These transmitters are mobile and portable radiocommunications transmitters supplied with an integral antenna and operating on a frequency between 100 kHz and 300 GHz. These devices must comply with the Human Exposure Standard.
The EME Labelling Notice and the Human Exposure Standard operate together, to specify the Australian regulatory arrangements for EME for relevant devicesunder the Radiocommunications Act 1992.
Proposed changes to the legislative instruments
Radiocommunications (Electromagnetic Radiation – Human Exposure) Standard 2003
Necessary change to incorporate test procedures for simultaneous multi-band transmission in devices used in close proximity to the ear
This change ensures the SAR measurement procedure reflects current best international practice and provides accurate information regarding exposure to EME from a mobile or wireless device under all possible transmission modes.
Current generation mobile and wireless products (such as smart phones) have the capacity to simultaneously transmit on two different frequency bands (known as simultaneous multi-band transmission). There is a disparity between this technical capability of mobile and wireless technologies and the SAR test procedures set out in the Human Exposure Standard, as the test procedures for simultaneous multi-band transmission currently apply to hand-held and body-worn devices only (excluding devices used in close proximity to the ear).
The Human Exposure Standard references the following standards that provide an appropriate testing methodology for the device under test:
IEC 62209-1 – Human exposure to radio frequency fields from hand-held and body-mounted wireless communication devices—Human models, instrumentation, and procedures—Part 1: Procedure to determine the specific absorption rate (SAR) for hand-held devices used in close proximity to the ear (frequency range of 300 MHz to 3 GHz).
IEC 62209-2 – Human exposure to radio frequency fields from hand-held and body-mounted wireless communication devices—Human models, instrumentation, and procedures—Part 2: Procedure to determine the specific absorption rate (SAR) for wireless communication devices used in close proximity to the human body (frequency range of 30 MHz to 6 GHz).
IEC 62209-2 includes test procedures for simultaneous multi-band transmission. IEC 62209-1 does not currently include these test procedures. That is, devices that are designed to be used in close proximity to the ear and that operate in multi-band transmission mode are not required to be tested in that mode, whereas body-worn devices that operate in multi-band transmission mode are required to be so tested.
Most devices supplied in Australia have already been tested against the standards required in other markets such as the United States and the European Union. The US Federal Communications Commission (FCC) has established test procedures for the case of simultaneous multi-band transmission for mobile wireless devices used against the head and body. These requirements have been in place for a number of years. In addition, local mobile network operators have advised the ACMA that they already have contracts with suppliers requiring that devices do not exceed the limits for simultaneous multi-band transmission.
IEC 62209-1 is currently under revision and the amendments in consideration include test procedures for simultaneous multi-band transmission. The Human Exposure Standard references IEC 62209-1 and IEC 62209-2 without publication dates, to ensure that any revisions to the standards are immediately reflected in the ACMA arrangements.
However, to provide certainty, as an interim measure the ACMA proposes to incorporate the requirements for simultaneous multi-band transmission testing of hand-held devices used in close proximity to the ear into the Human Exposure Standard.
The proposed amendment has the effect of requiring that if a device is designed or intended by the supplier to be used in close proximity to the ear; and if IEC62209-1 does not include a methodology for measurement in multi-band transmission mode, the device must be tested using the test methodology described in IEC62209-2.
Minor drafting changes
The following minor drafting changes will be made to the standard:
correct typographical errors
improve consistency of definitions used across similar instruments
improve readability
remove redundant text
omit obsolete provisions
correct cross-referencing errors
correct web links
add references to additional bodies.
The proposed draft of the Radiocommunications (Electromagnetic Radiation – Human Exposure) Standard 2014 is on the ACMA website.
Radiocommunications (Compliance Labelling – Electromagnetic Radiation) Notice 2003
There will be some consequential changes to the Labelling Notice that reflect the changes in the Human Exposure Standard and minor drafting changes to:
correct typographical errors
improve consistency of definitions used across similar instruments
improve readability
remove redundant text
omit obsolete provisions
correct web links
clarify the definition of ‘variant’.
The proposed draft of the Radiocommunications (Compliance Labelling – Electromagnetic Radiation) Notice2014 is on the ACMA website.
Request for comment
Comments are sought from the public regarding the ACMA’s proposal to remake each of the legislative instruments referred to above, without any significant changes, on the basis that each of them is operating effectively and efficiently.
Making a submission
Submissions should be directed to:
By email:
By mail:Manager
Technical Regulation Development Section
The Australian Communications and Media Authority
PO Box 13112
Law Courts
Melbourne VIC 8010
The closing date for submissions is Friday 2 May 2014.
Each submission should specify:
the name of the individual or organisation making the submission
their contact details (such as a telephone number, postal address or email address).
A submitter may claim confidentiality over their name or contact details (see Publication of submissionsbelow) ormay make a submission anonymously or through useof a pseudonym(see Privacybelow).
Effective consultation
The ACMA is committed to ensuring the effectiveness of its stakeholder consultation processes, which are an important source of evidence for its regulatory development activities. To assist stakeholders in formulating submissions to its formal, written consultation processes, it has developed the following guide: Effective consultation: A guide to making a submission. This guide provides information about the ACMA’s formal, written, public consultation processes and practical guidance on how to make a submission.
Publication of submissions
In general, the ACMA publishes all submissions it receives, including any personal information in the submissions (such as names and contact details of submitters).The ACMA prefers to receive submissions which are not claimed to be confidential. However, the ACMA accepts that a submitter may sometimes wish to provide information in confidence. In these circumstances, submitters are asked to identify the material (including any personal information) over which confidentiality is claimed and provide a written explanation for the claim.The ACMA will consider each confidentiality claim on a case-by-case basis. If the ACMA accepts a claim, it will not publish the confidential information unless authorised or required by law to do so.
Release of submissions where authorised or required by law
Any submissions provided to the ACMA may be released under the Freedom of Information Act 1982 (unless an exemption applies) or shared with other Australian Government agencies and certain other parties under Part 7A of the Australian Communications and Media Authority Act 2005. The ACMA may also be required to release submissions for other reasons including for the purpose of parliamentary processes or where otherwise required by law (for example, under a court subpoena). While the ACMA seeks to consult submitters of confidential information before that information is provided to another party, the ACMA cannot guarantee that confidential information will not be released through these or other legal means.
Privacy
The Privacy Act 1988 imposes obligations on the ACMA in relation to the collection, security, quality, access, use and disclosure of personal information. These obligations are detailed in the Australian Privacy Principles that apply to organisations and Australian Government agencies from 12 March 2014.
The ACMA may only collect personal information if it is reasonably necessary for, or directly related to, one or more of its functions or activities.
The purposesfor which personal information is being collected (such as the names and contact details of submitters)areto:
contribute to the transparency of the consultation process by clarifying, where appropriate, whose views are represented by a submission
enablethe ACMA to contact submitters where follow-up is requiredor to notify them of related matters (except where submitters indicate they do not wish to be notified of such matters).
The ACMA will not use the personal information collected for any other purpose, unless the submitter has provided their consent or the ACMA is otherwise permitted to do so under the Privacy Act.
Submissions in response to this paper are voluntary. As mentioned above, the ACMA generally publishes all submissionsit receives, including any personal information in the submissions.If a submitter has made a confidentiality claim over personal information which the ACMA has accepted, the submission will be published without that information.The ACMA will not release thepersonal information unless authorised or required by law to do so.
If a submitter wishes to make a submission anonymously or through use a pseudonym, they are asked to contact the ACMA to see whether it is practicable to do so in light of the subject matter of the consultation. If it is practicable, the ACMA will notify the submitter of any procedures that need to be followed and whether there are any other consequences of making a submission in that way.
Further information on the Privacy Act and the ACMA’s privacy policy is available until 11 March 2014at acma.gov.au/theACMA/About/Corporate/Accountability/the-fine-print and from 12 March 2014 at acma.gov.au/privacypolicy. The privacy policy contains details about how an individual may access personal information about them that is held by the ACMA, and seek the correction of such information. It also explains how an individual may complain about a breach of the Privacy Actand how the ACMA will deal with such a complaint.
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