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Determinations/Communications as made
This instrument enables a trial of public mobile telecommunications service jamming devices by Corrective Services NSW at the Goulburn Correctional Complex for a maximum period of approximately 30 months.
Administered by: Infrastructure, Transport, Regional Development and Communications
Registered 16 Aug 2016
Tabling HistoryDate
Tabled HR30-Aug-2016
Tabled Senate30-Aug-2016

Radiocommunications (Testing and Field Trial by Corrective Services NSW of PMTS Jamming Devices at Goulburn Correctional Complex) Exemption Determination 2016

Radiocommunications Act 1992

The AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY makes this Determination under subparagraph 27(1)(be)(ii) and subsection 27(2) of the Radiocommunications Act 1992.

Dated   12th August 2016



Richard Bean
[signed]

Member

 

 

James Cameron
[signed]

Member/General Manager


 

 

1          Name of Determination

This Determination is the Radiocommunications (Testing and Field Trial by Corrective Services NSW of PMTS Jamming Devices at Goulburn Correctional Complex) Exemption Determination 2016.

2          Commencement

This Determination commences on the day after it is registered.

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

3          Expiry

This Determination expires, as if it had been repealed by another instrument, at the end of the day that is the second anniversary of the date of the publication on the ACMA’s website of the notice referred to in paragraph 7(3)(b).

Note       The ACMA’s website is http://www.acma.gov.au. The ACMA will publish a notice given under 7(3)(b) on that website, together with a statement as to the date when that notice was published. This instrument will expire on the second anniversary of that date.

4          Definitions                                                            

(1)   In this Determination:

ACMA means the Australian Communications and Media Authority.

Act means the Radiocommunications Act 1992.

base transmit frequencies means frequencies within a segment of spectrum licensed for the provision of a public mobile telecommunications service which may be used at a base station for transmission only.

carrier has the same meaning as in the Telecommunications Act 1997.

carrier liaison agreement means an agreement entered into between Corrective Services NSW and a relevant carrier in relation to the testing and the conduct of the field trial.  

configuration means the position, orientation and power level of all radiating elements of the PMTS jamming device.

Corrective Services NSW or CSNSW has the same meaning as in the Crimes (Administration of Sentences) Act 1999 of New South Wales.

CSNSW staff means the staff of Corrective Services NSW as provided for in section 231 of the Crimes (Administration of Sentences) Act 1999 of New South Wales.

designated frequencies mean any of the frequency bands used for the supply of a public mobile telecommunications service.

field trial means the trial operation of PMTS jamming devices at the Goulburn Correctional Complex by Corrective Services NSW.

field trial participant has the meaning given to that expression by subsection 7(2).

field trial zone means any area the location of which is:

(a)    wholly within the Goulburn Correctional Complex; and

(b)   depicted on a map of the Goulburn Correctional Complex, as approved by the ACMA and published on its website, as varied from time to time.

Goulburn Correctional Complex means the correctional complex in Maud Street, Goulburn, in New South Wales.

harmful interference to radiocommunications means interference that obstructs, repeatedly interrupts or seriously degrades radiocommunications.

Note        interference is defined in the Act.

nominated PMTS jamming device means a PMTS jamming device of a kind agreed in writing by the ACMA and Corrective Services NSW for the purposes of the field trial.

non-designated frequencies means frequencies that are not designated frequencies.

PMTS jamming device has the same meaning as in the Radiocommunications (Prohibition of PMTS Jamming Devices) Declaration 2011.

Note        In the Radiocommunications (Prohibition of PMTS Jamming Devices) Declaration 2011, PMTS means a “public mobile telecommunications service” as defined in the Telecommunications Act 1997.

public mobile telecommunications service has the same meaning as in the Telecommunications Act 1997.

relevant carriers means NBN Co Limited, Optus Mobile Pty Limited, Telstra Corporation Limited, Vodafone Hutchison Australia Pty Limited and Vodafone Network Pty Limited.

testing means the testing of PMTS jamming devices by a testing participant as authorised by this Determination.

testing participant has the meaning given to that expression by subsection 6(2).

(2)   In this Determination, unless the contrary intention appears, a reference to another legislative instrument is a reference to that other legislative instrument as in force 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 available at http://www.legislation.gov.au.

5          Corrective Services NSW is a body for the purposes of paragraph 27(1)(be) of the Act

For the purposes of paragraph 27(1)(be) of the Act, Corrective Services NSW is a body to which section 27 of the Act applies.

6          Exemption in relation to testing

     (1)  Any act or omission by a testing participant in relation to the use, operation, possession or supply of a PMTS jamming device is exempt from Parts 3.1, 4.1 and 4.2 of the Act, in the circumstances specified in subsection (3).

     (2)  In this Determination, testing participant means a person who is performing a function or duty in relation to Corrective Services NSW and satisfies one of the following:

(a)    the person is a member of CSNSW staff;

(b)   the person has a contract with Corrective Services NSW in relation to the testing; or

(c)    the person is employed or engaged by a person who has a contract with Corrective Services NSW in relation to the testing.      

     (3)  For the purposes of subsection (1), all of the following circumstances must exist:

(a)    before the commencement of testing, Corrective Services NSW has notified the ACMA in writing of the date on which it intends to commence testing and the ACMA has published that notice on its website;

(b)   the act is done, or the omission occurs, for the purpose of testing;

(c)    a carrier liaison agreement is in place with each of the relevant carriers;

(d)   either:

(i)            the ACMA has not notified Corrective Services NSW in writing that all testing participants are excluded from relying on this Determination for a period specified in the notice; or

(ii)          the ACMA has notified Corrective Services NSW in writing that all testing participants are excluded from relying on this Determination for a period specified in the notice and either:

(A)    the period specified, and any extension of that period, has expired; or

(B)    the notice has been withdrawn;

(e)    if a PMTS jamming device is used or operated, the device only transmits on base transmit frequencies;

(f)    the use or operation of a PMTS jamming device:

(i)             is done or occurs for the purpose of causing harmful interference to radiocommunications on designated frequencies in the field trial zone; and

(ii)           complies with the electromagnetic radiation requirements in Part 3 of the Radiocommunications Licence Conditions (Apparatus Licence) Determination 2015 as if the PMTS jamming device were a transmitter operated under a licence to which that Part applies; and

(g)   not more than six months have passed from the day specified in the notice provided to the ACMA by Corrective Services NSW under paragraph (3)(a).

7          Exemption in relation to the field trial

(1)   Any act or omission by a field trial participant in relation to the use, operation, possession or supply of a nominated PMTS jamming device is exempt from Parts 3.1, 4.1 and 4.2 of the Act in the circumstances specified in subsection (3).

(2)   In this Determination, field trial participant means a person who is performing a function or duty in relation to Corrective Services NSW and satisfies one of the following:

(a)    the person is a member of CSNSW staff;

(b)   the person has a contract with Corrective Services NSW in relation to the conduct of the field trial; or

(c)    the person is employed or engaged by a person who has a contract with Corrective Services NSW in relation to the conduct of the field trial.

(3)   For the purposes of subsection (1), all of the following circumstances must exist:

(a)    no later than 4 weeks after the commencement of testing and prior to the commencement of the field trial, Corrective Services NSW has provided the ACMA with a written report that includes all of the following:

(i)            details of the PMTS jamming devices selected for testing;

(ii)          other data and information relating to the testing as agreed in writing between Corrective Services NSW and the ACMA and published on the ACMA’s website;

(iii)        information indicating that Corrective Services NSW has consulted the relevant carriers regarding the outcomes of the testing;

(iv)        data confirming that the PMTS jamming devices used for testing operated in a manner that complies with the electromagnetic radiation requirements in Part 3 of the Radiocommunications Licence Conditions (Apparatus Licence) Determination 2015 as if the PMTS jamming device were a transmitter operated under a licence to which that Part applies; and

(v)          if a PMTS jamming device that was used for testing is a transmitter to which section 10 of the Radiocommunications Licence Conditions (Apparatus Licence) Determination 2015 applies – records of the use and operation of the device kept in accordance with the record-keeping requirements in Part 4 of that Determination as if the device were a transmitter operated under a licence to which that Part applies; and

(vi)        details of the intended configuration of the nominated PMTS jamming device;

(b)   the ACMA has notified Corrective Services NSW in writing that it has received and is satisfied with the report provided in accordance with the requirements of paragraph (a) and the ACMA has published that notice on its website;

(c)    Corrective Services NSW has notified the ACMA in writing that any PMTS device used for testing that:

(i)      will not be used in the field trial; or

(ii)     is considered by Corrective Services NSW as being inappropriate for use in the field trial;

has been disposed of by either destroying the device or by returning the device to the manufacturer or supplier;

(d)   the act is done, or the omission occurs, for the purposes of the field trial;

(e)    a carrier liaison agreement is in place with each of the relevant carriers;

(f)    either:

(i)             the ACMA has not notified Corrective Services NSW in writing that all field trial participants are excluded from relying on this Determination for a period specified in the notice; or

(ii)           the ACMA has notified Corrective Services NSW in writing that all field trial participants are excluded from relying on this Determination for a period specified in the notice and either:

(A)    the period specified, and any extension of that period, has expired; or

(B)    the notice has been withdrawn;

(g)   if the nominated PMTS jamming device is a transmitter to which section 10 of the Radiocommunications Licence Conditions (Apparatus Licence) Determination 2015 appliesrecords of the use and operation of the device are kept in accordance with the record-keeping requirements in Part 4 of that Determination as if the device were a transmitter operated under a licence to which that Part applies;

(h)   in the case of the use or operation of a nominated PMTS jamming device – the act or omission:

(i)            is done or occurs for the purpose of causing harmful interference to radiocommunications on designated frequencies in the field trial zone; and

(ii)          causes harmful interference only to radiocommunications on base transmit frequencies; and

(iii)        does not cause radio emissions above -128.5 dBm/kHz on non-designated frequencies outside the field trial zone; and

(iv)        complies with the electromagnetic radiation requirements in Part 3 of the Radiocommunications Licence Conditions (Apparatus Licence) Determination 2015 as if the nominated PMTS jamming device were a transmitter operated under a licence to which that Part applies; and

(i)     in the case of use or operation of a nominated PMTS jamming device, the use or operation is in accordance with the intended configuration specified in the report provided to the ACMA in accordance with paragraph (a), or such other configuration as the ACMA has agreed to in writing.