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Declarations/Other as amended, taking into account amendments up to Radiocommunications (Communication with Space Object) Class Licence Consequential Amendments Instrument 2015
This declaration revokes and replaces the Radiocommunications (Prohibited Device) (RNSS Jamming Devices) Declaration 2004 (the 2004 Declaration) without making any significant changes to the regulatory arrangements created by the 2004 Declaration.
Administered by: Infrastructure, Transport, Regional Development and Communications
Registered 15 Oct 2015
Start Date 24 Sep 2015
End Date 15 Sep 2020

Radiocommunications (Prohibited Device) (RNSS Jamming Devices) Declaration 2014

Radiocommunications Act 1992

Compilation No. 1

Compilation date:                        24 September 2015

Includes amendments up to:        Radiocommunications (Communication with Space Object) Class Licence Consequential Amendments Instrument 2015

Prepared by the Australian Communications and Media Authority      


  


1              Name of Declaration

                This Declaration is the Radiocommunications (Prohibited Device) (RNSS Jamming Devices) Declaration 2014.

2              Commencement

                This Declaration commences on 15 January 2015.

Note All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.

2A           Revocation of previous Declaration

The Radiocommunications (Prohibited Device) (RNSS Jamming Devices) Declaration 2004 (Federal Register of Legislative Instruments No. F2005B00098) is revoked.

3              Definitions

                In this Declaration:

Act means the Radiocommunications Act 1992.

radionavigation-satellite service (RNSS) has the meaning given by subsection 3 (1) of the spectrum plan.

RNSS jamming device means a device that:

                (a)    is designed to have an adverse effect on the reception by RNSS receivers of RNSS radiocommunications; and

               (b)    would be likely substantially to interfere with, disrupt or disturb the reception by RNSS receivers of RNSS radiocommunications.

RNSS radiocommunication means a radiocommunication that is transmitted at a frequency:

                (a)    allocated to RNSS under the spectrum plan; and      

               (b)    included in the frequency ranges mentioned in the Radiocommunications (Radionavigation-Satellite Service) Class Licence 2015.

RNSS receiver means a radiocommunications receiver used for receiving RNSS radiocommunications.

Note   A number of terms used in this Determination are defined in the Act, including:

·         radiocommunication;

·         spectrum plan;

·         radiocommunications receiver; and

·         device.


4              Prohibition relating to RNSS jamming devices

                Under section 190 of the Act, the ACMA declares that:

                (a)    the operation or supply of a RNSS jamming device is prohibited for the reasons mentioned in section 5; and

               (b)    the possession, for the purpose of operation or supply, of a RNSS jamming device is prohibited for the reasons mentioned in section 5.

Note   Under section 189 of the Act, while this Declaration is in force it is an offence for a person to operate or supply a RNSS jamming device, or to possess a RNSS jamming device for the purpose of operating or supplying the device.

5              Reasons for prohibition

                For the purposes of section 4, the reasons for prohibition of RNSS jamming devices are as follows:

                (a)    that the radiocommunications use of a RNSS jamming device serves no legitimate purpose; and

               (b)    that the primary purpose of a RNSS jamming device is to adversely affect, interfere with, disrupt or disturb the reception of RNSS radiocommunications by RNSS receivers; and

                (c)    that adversely affecting, interfering with, disrupting or disturbing RNSS radiocommunications would inconvenience RNSS users and could threaten public safety; and

               (d)    that the operation, or the possession for the purpose of operation, of a RNSS jamming device may contravene sections 46 and 47 of the Act; and

                (e)    that the operation of a RNSS jamming device may also contravene sections 192, 193, 194, 195 and 197 of the Act; and

                (f)    that the prohibition of the operation or supply, or possession for the purpose of operation or supply, of a RNSS jamming device will:

                          (i)    ensure the reliability and quality of RNSS radiocommunications by minimising the potential for interference; and

                         (ii)    increase the awareness of the public and of suppliers of RNSS jamming devices, potentially minimising the need for regulatory action in relation to RNSS jamming devices.


Notes to the Radiocommunications (Prohibited Device) (RNSS Jamming Devices) Declaration 2014

Note 1

The Radiocommunications (Prohibited Device) (RNSS Jamming Devices) Declaration 2014 (in force under section 190 of the Radiocommunications Act 1992) as shown in this compilation is amended as indicated in the Tables below.

 

Table of Instruments

Title

Date of notification
in Gazette or FRLI registration

Date of
commencement

Application, saving or
transitional provisions

Radiocommunications (Prohibited Device) (RNSS Jamming Devices) Declaration 2014

22 December 2014 (see F2014L01776)

15 January 2015

 

Radiocommunications (Communication with Space Object) Class Licence Consequential Amendments Instrument 2015

18 September 2015 (see F2015L01488)

24 September 2015 (see F2015L01486 and C2015G01540)

 

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

 

Provision affected

How affected

s.3

am. 2015.