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

Radiocommunications (Invictus 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: 24 September 2018

Fiona Cameron

[signed]

Member

Creina Chapman

[signed]

Member/General Manager

Australian Communications and Media Authority

1  Name

This is the Radiocommunications (Invictus 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This instrument expires on 9 November 2018 as if it had been repealed by another instrument.

5  Definitions

In this instrument:

Act means the Radiocommunications Act 1992.

AFP means the Australian Federal Police established under the Australian Federal Police Act 1979.

Airservices means the body called Airservices Australia established by subsection 7(1) of the Air Services Act 1995.

Invictus Games means the Invictus Games to be held in Sydney in October 2018.

member of the Australian Federal Police has the meaning given by subsection 4(1) of the Australian Federal Police Act 1979.

protected zone means the temporary restricted areas referred to as:

(a)    TRA CBD;

(b)    TRA Cockatoo Island;

(c)    TRA NSW Golf Club; and

(d)    TRA Sydney Olympic Park;

in Aeronautical Information Circular H33/18 Invictus Games, Sydney, New South Wales, 18 to 28 October 2018, Airspace Restrictions For Remotely Piloted Aircraft, published by Airservices.

Note:    Aeronautical Information Circular H33/18 is available from Airservices Australia at 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)    5725 MHz to 5850 MHz.

relevant period means the period from 8 October 2018 until 8 November 2018.

relevant person means a member of the Australian Federal Police.

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 section 6 of 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.

UA means an unmanned aircraft, commonly known as a drone.

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

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 at the time it was made; and

(b)    a reference to any other kind of instrument or writing is a reference to that other instrument as in force at the time it was made.

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 314 of the Act.

7  Exemption in relation to certain activities for the Invictus 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 AFP’s role in promoting safety, security or protection of the Invictus Games and/or participants in, and spectators at, the Invictus Games; and

(b)    the act is done, or the omission occurs, in relation to the use of RNSS jamming devices to disable UAs 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.