Radiocommunications (Prohibited Device) (RNSS Jamming Devices) Amendment Declaration 2020 (No. 1) (Cth)

Radiocommunications (Prohibited Device) (RNSS Jamming Devices) Amendment Declaration 2020 (No. 1)

The Australian Communications and Media Authority makes the following declaration under subsection 190(1) of the Radiocommunications Act 1992.

Dated: 11 September 2020

James Cameron

[signed]

Member

Cathy Rainsford

[signed]

Member/General Manager

Australian Communications and Media Authority

1  Name

This is the Radiocommunications (Prohibited Device) (RNSS Jamming Devices) Amendment Declaration 2020 (No. 1).

2  Commencement

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

Note:    The Federal Register of Legislation may be accessed free of charge at Authority

This instrument is made under subsection 190(1) of the Radiocommunications Act 1992.

4  Amendments

  The instrument that is specified in Schedule 1 is amended as set out in the applicable items in that Schedule.

Schedule 1—Amendments

Radiocommunications (Prohibited Device) (RNSS Jamming Devices) Declaration 2014 (F2014L01776)

1  Section 3, definition of RNSS jamming device

Repeal the definition, substitute:

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; and

(c)  is not, or is not included or incorporated in, an RNSS repeater.

2  Section 3, after the definition of RNSS receiver

Insert:

RNSS repeater means a thing that is, includes or incorporates one or more devices which, when operated, both:

(a)  receive RNSS radiocommunications; and

(b)  automatically transmit, or attempt to transmit, each RNSS radiocommunication they receive.

Note     A thing may be an RNSS repeater even if the transmission or attempted transmission mentioned in paragraph (b) is not made or attempted instantaneously upon receipt of each RNSS radiocommunication.

3  Section 5

At the end of the section, add:

  RNSS repeaters are not covered by the prohibition, as while they are or contain devices that may adversely affect, interfere with, disrupt or disturb the reception of RNSS radiocommunications by RNSS receivers, they do so in order to serve a legitimate purpose, namely, to re-transmit the RNSS radiocommunications in a manner more likely to be received.