Federal Register of Legislation - Australian Government

Primary content

Licences/Radiocommunications as made
This instrument authorises the use and possession of body scanners at Australian airports, for security screening processes.
Administered by: Communications and the Arts
Registered 20 Nov 2018
Tabling HistoryDate
Tabled Senate26-Nov-2018
Tabled HR26-Nov-2018

 

Radiocommunications (Body Scanning – Aviation Security) Class Licence 2018

 

The Australian Communications and Media Authority makes the following class licence under section 132 of the Radiocommunications Act 1992.

Dated: 15 November 2018

 

 

Nerida O’Loughlin

[signed]

Member

 

Chris Jose

[signed]

Member/General Manager

 

Australian Communications and Media Authority


Part 1—Preliminary

1  Name

This is the Radiocommunications (Body Scanning – Aviation Security) Class Licence 2018.

2  Commencement

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

Note:    The Federal Register of Legislation may be accessed at www.legislation.gov.au.

3  Authority

This instrument is made under section 132 of the Radiocommunications Act 1992.

4  Definitions

In this instrument:

Act means the Radiocommunications Act 1992.

ARPANSA Standard means the Radiation Protection Standard for Maximum Exposure Levels to Radiofrequency Fields – 3 kHz to 300 GHz, published 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.

authorised person means:

                     (a)  a screening authority; or

                     (b)  a screening officer; or

                     (c)  a registered training organisation; or

                     (d)  a person employed by or contracted to a registered training organisation.

body scanner means a scanner that is capable of detecting metallic and non-metallic items on a person by using millimetre-wave radio frequency technology.

Note:    A body scanner is, or includes, a radiocommunications transmitter.

EIRP means equivalent isotropically radiated power.

registered training organisation has the meaning given by the National Vocational Education and Training Regulator Act 2011.

screening authority has the meaning given by the Aviation Transport Security Act 2004.

screening officer has the meaning given by the Aviation Transport Security Act 2004.

security controlled airport has the meaning given by the Aviation Transport Security Act 2004.

Note:    Gazette notices of declarations of security controlled airports are published on the Federal Register of Legislation.

VET course has the meaning given by the National Vocational Education and Training Regulator Act 2011.

Note 1:       A number of expressions used in this instrument are defined in the Act, including:

(a)    interference;


(b)    transmitter.

Note 2:       In accordance with subsection 64(1) of the Australian Communications and Media Authority Act 2005, other expressions in this instrument have the same meaning as in an instrument made under that subsection, unless the contrary intention appears.

5  References to other instruments

In this instrument, 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:       For paragraph (b), see section 314A of the Act.

                          


Part 2—Class Licence

Class Licence

             (1)  This instrument authorises a screening authority or a screening officer to operate a body scanner for the purpose of carrying out screening of persons at a security controlled airport, subject to the conditions set out in section 7.

             (2)  This instrument authorises:

                     (a)  a registered training organisation;

                     (b)  a person employed by or contracted to a registered training organisation;

                   to operate a body scanner for the purpose of training screening officers, subject to the conditions set out in sections 7 and 8.

Note:          A body scanner operated under this instrument will operate in parts of the radiofrequency spectrum expected to be used by other radiocommunications devices.  A radiocommunications receiver tuned to the body scanner’s radiocommunications transmitter will not be afforded protection from interference caused by other radiocommunications devices.

7  Conditions for operation by an authorised person

             (1)  An authorised person must operate the body scanner in:

                     (a)  the frequency range from 24.25 GHz to 30 GHz; or

                     (b)  the frequency range from 67 GHz to 80 GHz.

             (2)  An authorised person must operate the body scanner at a radiated power that does not exceed:

                     (a)  if the body scanner is operated in the frequency range from 24.25 GHz to 30 GHz – a maximum instantaneous EIRP of -10 dBm and a maximum power spectral density of -10 dBm per 4 MHz;

                     (b)  if the body scanner is operated in the frequency range from 67 GHz to 80 GHz – a maximum instantaneous EIRP of 7 dBm and a maximum power spectral density of 7 dBm per 1 MHz.

             (3)  An authorised person must operate the body scanner indoors at a security controlled airport.

             (4)  An authorised person must not operate the body scanner if the electromagnetic radiation emitted by the body scanner, or by a group of body scanners that includes the body scanner, exceeds the general public exposure limits specified in the ARPANSA Standard.

             (5)  An authorised person must not operate a body scanner if its operation, whether on its own or in operation with one or more other transmitters, would cause interference to the operation of radiocommunications services.

8  Additional condition for operation by registered training organisation

                   A registered training organisation, or a person employed by or contracted to a registered training organisation, must not operate the body scanner unless there is in force a written agreement between the registered training organisation and a screening authority that requires the registered training organisation to provide training as part of a VET course to:

                     (a)  a screening officer employed by the screening authority or another screening authority; or


                     (b)  a person who intends to become a screening officer employed by that screening authority or another screening authority.

Note:          The written agreement may deal with other matters.