In Australia, to use a radiocommunications device you require a licence. For more information about ACMA RCM Low interference potential devices (LIPD) Radiocommunications testing for Australia visit our dedicated Radio testing page.

The details of the mandatory RF transceiver, transmitter and receiver requirements fall under the Australian Radiocommunications Act 1992. The definition of radiocommunication is:

                     (a)  radio emission; or

                     (b)  reception of radio emission;

for the purpose of communicating information between persons and persons, persons and things or things and things. So this does not include inductive charging loops etc. unless they also embed data within the signal, example smart charging.

There are there three main types of Radiocommunication licesnes:

Types of licenses:

• Apparatus Transmitter licenses (You require licence to use a transmitter)
  • Includes the following licenses: Aeronautical licence, Aircraft licence, Amateur apparatus licence, Area-wide licence, Broadcasting licence, Defence licence, Earth licence, Fixed licence, Land mobile licence, Low Power Open Narrowcasting (LPON) licences, Maritime coast licence, Maritime ship licence, Outpost licence, public telecommunications service, Radiodetermination licence, Scientific licence, Space licence, Receiver licences, Defence receive licence, Earth receive licence, Fixed receive licence, Major coast receive licence, Space receive licence
• Class license (Shared frequency allocation, no license)
  • Includes the following class licenses: 27 MHz handphone stations, Aircraft and aeronautical mobile stations, Body scanners, Cellular mobile telecom devices, Citizen band radio stations, Communication with a space object, Cordless communications devices, Emergency locating devices, Intelligent transport systems, Low interference potential devices (LIPD), Maritime ship station – 27 MHz and VHF, Overseas amateur visiting Australia, Public safety and emergency response, Radio-controlled models, Radio navigation satellite service.
• Spectrum Class (Through the ACMA the usage can be gain by auction, tender, set price or negotiation)
  • A spectrum licence lets you operate a range of radiocommunications devices. You can only operate in the area and frequency range your licence allows.

We will focus on the Class licence as this is what most products fall under, technologies that fall with the class Low interference potential devices (LIPD) include:

Class License

You don’t need to apply for a class licence or pay any fees.

But you must follow all the rules in the:

• Low Interference Potential Devices Class Licence 2015
• Radiocommunications Act 1992

Low interference potential devices (LIPD) class licence lets you use some short-range devices on shared frequencies. All users operate on shared frequencies and can include devices:

wireless microphones, garage door openers, telecommand for drones, radars including automotive, home detention monitoring equipment, personal alarms, ultra-wideband transmitters, infrared equipment, video sender transmitters, radiofrequency identification (RFID), barcode readers.

The radio-controlled models class licence is for models (such as model ships or planes) that you control with radio frequencies.

 Technologies can include the following examples:

• Radio-frequency identification (RFID) (125kHz, 13.56MHz etc.)
• Door openers (433MHz)
• LoRa, SigFox & Z-Wave (915MHz)
• Bluetooth Classic (all versions) and Bluetooth Low Energy (BLE) Transceivers (2.4GHz)
• Zigbee Transceivers (2.4GHz)
• Wi-Fi Transceivers (2.4GHz and 5GHz)

Penalties

If you supply a product that does not comply with the EME LN, you might be committing an offence.

Penalties for breaching the Act i.e. supplying or using a non-compliant device can include up to:

• $270,000 for having or supplying a non-standard product (i.e. non-compliant with EME LN)
• $18,000 for supplying a product that has no RCM label, applying the RCM label before complying with all EME LN rules, or not keeping records

In Australia, to use a radiocommunications device you require a licence. The details of the mandatory RF transceiver, transmitter and receiver requirements fall under the Australian Radiocommunications Act 1992. The definition of radiocommunication is:

                     (a)  radio emission; or

                     (b)  reception of radio emission;

for the purpose of communicating information between persons and persons, persons and things or things and things.

To ensure the Electromagnetic Energy (EME) is at prescribed safe levels for people the Australian Laws exist, which also as per the Radiocommunications requirements fall under the Australian Radiocommunications Act 1992. And require compliance with the following:

• Radiocommunications (Compliance Labelling – Electromagnetic Radiation) Notice 2014 (EME LN) made under section 182 of the Act
• Radiocommunications (Electromagnetic Radiation-Human Exposure) Standard 2014 (human exposure standard)

For many technologies under the Low interference potential devices (LIPD) class licence testing to show compliance is not usually required. EMC Bayswater can determine is your transmitter is exempt from further investigation i.e. SAR testing, EMR meter etc. due to the low RF power (valid trustworthy radio compliance test report required). If your device is fixed installation at a specific location, the EME LN might not apply.

If Specific Absorption Rate SAR testing is required our parent company EMC Technologies offers accredited testing services.

Penalties

If you supply a product that does not comply with the EME LN, you might be committing an offence.

Penalties for breaching the Act include up to:

•   $270,000 for having or supplying a non-standard product (non-compliant with EME LN)
•   $18,000 for supplying a product that has no RCM label, applying the RCM label before complying with all EME LN rules, or not keeping records

All telecommunications equipment connecting to an Australian telecommunications network must be RCM compliant under the Australian Telecommunications Act 1997.

Telecommunications equipment regulation applies to the following type of products:

• Customer equipment or customer cabling
• may connect to a telecommunications network or facility in Australia (3G, 4G 5G, etc)
• are at the customer’s place (for example, a house or office) rather than with the service provider
• It may also include telephone handsets, TV set-top boxes, cable plugs, and sockets

The applicable Australian rules are in the:

• Telecommunications (Labelling Notice for Customer Equipment and Customer Cabling) Instrument 2015 (TLN)
• telecommunications standards

Some of these telecommunications standards involves specific network connectivity assessment to AS/CA S042.1 and S042.4. These standards are free to download from Communications Alliance website. Some of the referenced additional requirements may include Radiated Spurious Emissions (RSE) testing to EN 301 908-1 and FCC Part 22 (S042 sub-requirements), IP testing to AS/NZS 60950.1, Electrical Safety (AS/NZS 62368.1), Electromagnetic Compatibility (EMC) testing to EN 55032 or equivalent AU/NZS version and an EMR assessment to ARPANSA RPS3.

CE and FCC test reports can in most instances be used in part of the compliance process. This includes radio test reports to standards such as EN 301 908-1, EN 301 908-2, EN 301 908-13 and FCC Part 22 for cellular modules.

EMC Technologies our parent company provides ACMA RCM telecommunications services.

Penalties

If you supply a product that does not comply with the TLN, you might be committing an offense.

Penalties for breaching the Act can reach up to:

• $18,000 under section 413
• $21,600 (for example, for connecting a product that has no label to a network or facility without permission)

Responsible suppliers must determine if the device falls under the in-scope electrical equipment. A product that falls under this scope means the supplier must register on the EESS database. Certain products are “prescribed or declared articles”. These products must have tested electrical safety approvals under the RCM scheme.

Our parent company EMC Technologies offers a NATA and A2LA accredited electrical safety testing.

In-Scope Electrical Equipment

The EESS aims to increase consumer safety through regulating household electrical equipment. The term “in-scope” is defined in law and means electrical equipment that is:

• rated at a voltage greater than 50 V AC RMS or 120V ripple-free DC; and
• rated at a voltage less than 1000V AC RMS or 1500V ripple-free DC; and
• is designed or marketed as suitable for household, personal or similar use.

It is immaterial whether the equipment is designed or marketed for commercial or industrial purposes as well as for household use. If Regulatory Authorities (RAs) claim that an item is in-scope , it will be taken that way unless the Responsible Supplier can prove otherwise.

Risk Levels – Definition

A feature of the EESS is the provision of a more proactive risk based approach to regulating electrical equipment. The EESS provides for in-scope electrical equipment to be classified into three levels:

Risk Level 1 – electrical equipment that is classified low risk or unknown risk and is any in-scope electrical equipment not classified as Risk Level 3 or Risk Level 2.

Risk Level 2 – electrical equipment that is classified as medium risk and is defined in the AS/NZS 4417.2.A list of the current Level 2 equipment can be found here.

Risk Level 3 –electrical equipment that is classified as high risk and is defined in the AS/NZS 4417.2. A list of the current Level 3 equipment can be found here.

Not In-scope Electrical Equipment

The EESS is only intended to capture electrical equipment that is for household, personal and similar use.

Electrical equipment exclusively for commercial, industrial, medical, extra low voltage (operating below 50V AC RMS or 120V ripple-free DC) and high voltage (operating above 1000V AC RMS or 1500V ripple-free DC) is defined as not in-scope.

Responsible Suppliers of electrical equipment that is not in-scope under the EESS definition, do not have to register, or register equipment in the EESS Registration Database.

Note: The supplier of electrical equipment that is not in-scope still has responsibility to ensure the equipment is electrically safe. This is achieved by meeting the essential safety criteria of AS/NZS 3820, essential safety requirements for electrical equipment which requires the supplier to hold evidence of compliance to the relevant standard.

Examples of equipment which is not in-scope could be a commercial bakery oven, cash register or mobile phone (please note that the mobile phone ‘charger’ is in-scope equipment Level 3 under – Power supply or charger).

More information for Not In-Scope electrical equipment safety criteria please see here.

Note: Not in-scope electrical equipment may be required to comply with the Australian Communications and Media Authority (ACMA). For more information on ACMA’s requirements contact ACMA at www.acma.gov.au