Communications Legislation (Protected Symbols) Determination 2023 (Cth)

Communications Legislation (Protected Symbols) Determination 2023

The Australian Communications and Media Authority makes the following determination under subsections 165(9) and 166(2) of the Radiocommunications Act 1992 and subsection 417(7) and subparagraph 417(8)(b)(i) of the Telecommunications Act 1997.

Dated: 23 February 2023

Chris Jose [signed] Member

Linda Caruso [signed] Member/General Manager

Australian Communications and Media Authority

1 Name This is the Communications Legislation (Protected Symbols) Determination 2023.

2 Commencement This instrument commences at the start of the day after the day it is registered on the Federal Register of Legislation.

Note: The Federal Register of Legislation is available, free of charge, at www.legislation.gov.au.

3 Authority This instrument is made under subsections 165(9) and 166(2) of the Radiocommunications Act 1992 and subsection 417(7) and subparagraph 417(8)(b)(i) of the Telecommunications Act 1997.

4 Repeal The Protected Symbols Determination 2013 [F2013L00087] is repealed.

Note: At the time of making this instrument, the Protected Symbols Determination 2013, so far as it was made under subsection 188A(7) and subparagraphs 188A(8)(a)(i) and (b)(i) of the Radiocommunications Act 1992, as in force before the commencement of Part 1 of Schedule 4 to the Radiocommunications Legislation Amendment (Reform and Modernisation) Act 2020, had effect as if it had been made under subsections 165(9) and 166(2) of the Radiocommunications Act 1992 (see item 48 of Part 4 of Schedule 4 to the Radiocommunications Legislation Amendment (Reform and Modernisation) Act 2020).

5 Interpretation In this instrument, unless the contrary intention appears: accreditation body means a person or association that is an accreditation body for the purposes of section 409 of the Telecommunications Act 1997. Note: See subsection 409(1) of the Telecommunications Act 1997. competent body means a person or association that is a competent body for the purposes of Division 7 of Part 21 of the Telecommunications Act 1997. Note: See subsection 409(3) of the Telecommunications Act 1997. radiocommunications standard means a standard for equipment prescribed by equipment rules. RCM (short for Regulatory Compliance Mark) means the symbol known as the RCM, the design of which is set out in Schedule 3. telecommunications technical standard means a standard made under subsection 376(1) of the Telecommunications Act 1997. Note 1: A number of other expressions used in this instrument, when used in relation to the Radiocommunications Act 1992, are defined in that Act, including the following: (a) accreditation (see sections 5 and 263); (b) ACMA (see section 5); (c) device (see section 5); (d) equipment (see section 5); (e) equipment rules (see sections 5 and 156); (f) label (see section 5); (g) protected symbol (see sections 5 and 166); (h) supply (see section 5). Note 2: A number of other expressions used in this instrument, when used in relation to the Telecommunications Act 1997, are defined in that Act, including the following: (a) ACMA (see section 7); (b) customer cabling (see sections 7 and 20); (c) customer equipment (see sections 7 and 21); (d) label, and when it is taken to be applied (see section 406); (e) protected symbol (see subsection 417(8)); (f) recognised testing authority (see section 7 and subsection 409(2)).