After a second reading of the material especially the changes to the class licence, I arrived at this conclusion as posted on the Amateur Radio Australia (For real Amateurs)
The time frame allowed to provide a response to this new curved ball from ACMA, makes it impracticable to pursue at a submission level, especially since the first consultation is still pending, but this further shows the importance of individual submission to ACMA on the first Class licence question.
I am not sure anymore on how to go about this..
Proposed changes to class licence – consultation 06/2021
Even before the consultation submission for the proposed changes to Amateur licensing arrangements end date of the 2nd of April the ACMA has served us a curved ball.
Another consultation is been initiated with a submission end date to be the 9th April,
This to do with proposed changes to class licences.
Even before the conclusion of the first consultation ACMA is proceeding as if the changes to amateur service have taken place.
The manner that the changes have been parceled with other matters that don’t relate to the amateur service is plain and simple only to labelled as unconscionable on the part of ACMA
Within the Proposed changes to class licence document this exert is found;
“(sic) 17A Conditions – compliance with ARPANSA Standard
A person must not operate an amateur station, or group of amateur stations, under this
Class Licence if the electromagnetic energy emitted by the station, or group of stations, exceeds the general public exposure limits specified in the ARPANSA Standard in a place accessible by the public.”
At first without the readers knowledge of what ARPASA is about and that the wording includes “place accessible by the public” the implication is not at first obvious.
Your back yard with your antennas and the field generated by you transmitter will encroach upon your neighbours properties, this is public accessibility.
The next step is to understand the ARPANSA requirements.
ARPANSA is a government agency concerned with radiation and EME (Electro Magnetic Emmission)
Expanding on the implication of the proposed changes (17A) The station operator is required to satisfy that the station operates with in these limits, at first this does not seem to be such a problem,
Aside that it’s not clear by either searching the ARPANSA site or the ACMA site as to how we would achieve such compliance.
ACMA states in many of their documents that the processes and changes proposed are to simplify any regulatory requirements that apply to the Amateur radio service.
Is adding another layer of regulation over and above what already exists really a simplification?
Why was this not mentioned in the original proposed changes to Amateur Licencing Arrangements consultation? That ACMA requests consultation in this further changes with just less that 30 days’ notice? Is this unconscionable conduct? Is this manipulating those that ACMA is required to consult with?
Exert from Radiocommunications (Class Licence) Amendment Instrument 2021 (No. 1)
Schedule 10
(section 4)
Radiocommunications (Overseas Amateurs Visiting Australia) Class Licence 2015 (F2015L01114)
1 Subsection 3(1)
Insert:
ARPANSA Standard means the Radiation Protection Standard for Limiting Exposure to Radiofrequency Fields – 100 kHz to 300 GHz (2021), or any standard published as a replacement of that standard, by the Australian Radiation Protection and Nuclear Safety Agency.
Note: The ARPANSA Standard is available from the Australian Radiation Protection and Nuclear Safety Agency website at
www.arpansa.gov.au.
2 Subsection 3(4)
Repeal the subsection, including the note.
3 After section 3
Insert:
3A References to other instruments
In this Class Licence, 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: See section 314A of the Act.
4 After section 17
Insert:
17A Conditions – compliance with ARPANSA Standard
A person must not operate an amateur station, or group of amateur stations, under this Class Licence if the electromagnetic energy emitted by the station, or group of stations, exceeds the general public exposure limits specified in the ARPANSA Standard in a place accessible by the public.