Radiocommunications (Commonwealth Games Anti-Drone Technology/RNSS Jamming Devices) Exemption Determination 2018 (Cth)

Radiocommunications (Commonwealth Games Anti-Drone Technology/RNSS Jamming Devices) Exemption Determination 2018

The Australian Communications and Media Authority makes the following determination under subsection 27(2) of the Radiocommunications Act 1992.

Dated: 13 March 2018

James Cameron

[signed]

Member

Jennifer McNeill

[signed]

Member/General Manager

Australian Communications and Media Authority

1  Name

This is the Radiocommunications (Commonwealth Games Anti-Drone Technology/RNSS Jamming Devices) Exemption Determination 2018.

2  Commencement

This instrument commences on 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 This instrument is made under subsection 27(2) of the Radiocommunications Act 1992.

4  Cessation

This instrument expires on 23 April 2018 as if it had been repealed by another instrument.

5  Definitions

In this instrument:

Act means the Radiocommunications Act 1992.

Airservices Australia is a government-owned organisation providing air navigation services as established by the Air Services Act 1995.

Commonwealth Games means the XXI Commonwealth Games to be held in Queensland in 2018.

protected zone means each temporary restricted area described in Aeronautical Information Circular H10/18 XXI Commonwealth Games Venues and Events, Airspace restrictions for remotely piloted aircraft, 25 March – 18 April 2018 published by Airservices Australia.

Note:    Aeronautical Information Circular H10/18 is available from Airservices Australia at

QPS means the Queensland Police Service as established by the Police Service Administration Act 1990 (Qld.), as that Act exists from time to time.

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

relevant frequency bands means the following frequency bands:

(a)    2400 MHz to 2483 MHz;

(b)    5275 MHz to 5850 MHz.

relevant period means the period from 15 March 2018 until 22 April 2018.

relevant person means a QPS police officer, within the meaning given by Part 2 of the Police Service Administration Act 1990 (Qld), as that Act exists from time to time.

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 the 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.

spectrum plan means the Australian Radiofrequency Spectrum Plan 2017 prepared under section 30 of the Act.

UAS means unmanned aerial systems which includes the aircraft or UAV, the ground-based controller, and the system of communications connecting the two.

UAV means an unmanned aerial vehicle, commonly known as a drone.

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

•ACMA;

•device;

•radiocommunication; and

•radiocommunications receiver.

6  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 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:       Queensland Acts and legislative instruments are available at 4: For paragraph (b), see section 314 of the Act.

7  Exemption in relation to certain activities for the Commonwealth Games

(1) Any act or omission by a relevant person, in relation to the use, operation, possession or supply of an RNSS jamming device, is exempt from Parts 3.1, 4.1 and 4.2 of the Act in the circumstances specified in subsection (2).

(2)  For the purpose of subsection (1), all the following circumstances must exist:

(a)    the act is done, or the omission occurs, in the performance of the relevant person’s functions and duties in relation to the QPS’s role in promoting safety, security or protection of the Commonwealth Games and/or participants in, and spectators at, the Commonwealth Games; and

(b)    the act is done, or the omission occurs, in relation to the use of RNSS jamming devices to disable UAVs and UASs which may operate, or are operating, in the relevant frequency bands, in the protected zone; and

(c)    the act is done, or the omission occurs, during the relevant period.