Radiocommunications (Prohibited Device) (RNSS Jamming Devices) Declaration 2004 (Cth)
| Radiocommunications (Prohibited Device) (RNSS Jamming Devices) Declaration 2004 Statutory Rules 2004 No. 2821 The AUSTRALIAN COMMUNICATIONS AUTHORITY makes this Declaration under section 190 of the Radiocommunications Act 1992. Dated 25 August 2004 R. HORTON Chair ALLAN HORSLEY Deputy Chair Australian Communications Authority Contents 1 Name of Declaration 2 2 Commencement 2 3 Definitions 2 4 Prohibition relating to RNSS jamming device 3 5 Reasons for prohibition 3 1 Name of Declaration This Declaration is the Radiocommunications (Prohibited Device) (RNSS Jamming Devices) Declaration 2004. 2 Commencement This Declaration commences on the date of its notification in the Gazette. 3 Definitions In this Declaration: Act means the Radiocommunications Act 1992. radionavigation-satellite service (RNSS) has the meaning given by subsection 3 (1) of the spectrum plan. 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 RNSS under the spectrum plan; and (b) mentioned in apparatus licences for radiocommunications transmitters on satellites; and (c) included in the frequency ranges mentioned in the Radiocommunications (Communication with Space Object) Class Licence 1998. RNSS receiver means a radiocommunications receiver used for receiving RNSS radiocommunications. Note Radiocommunication is defined in section 6 of the Act. Apparatus licence and spectrum plan are defined in section 5 of the Act. Radiocommunications device, radiocommunications receiver and radiocommunications transmitter are defined in section 7 of the Act. Device is defined in section 9 of the Act. 4 Prohibition relating to RNSS jamming device For section 190 of the Act: (a) the operation or supply of a RNSS jamming device is prohibited for the reasons mentioned in section 5; and (b) the possession, for the purpose of operation or supply, of a RNSS jamming device is prohibited for the reasons mentioned in section 5. Note Under section 189 of the Act, while this Declaration is in force it is an offence for a person to operate or supply a RNSS jamming device, or to possess a RNSS jamming device for the purpose of operating or supplying the device. 5 Reasons for prohibition For section 4, the reasons are: (a) that there appears to be no legitimate radiocommunications use for a RNSS jamming device; and (b) that the only purpose of a RNSS jamming device is to adversely affect, interfere with, disrupt or disturb the reception of RNSS radiocommunications by RNSS receivers; and (c) that adversely affecting, interfering with, disrupting or disturbing RNSS would inconvenience RNSS users and could threaten public safety; and (d) that the operation, or the possession for the purpose of operation, of a RNSS jamming device may contravene sections 46 and 47 of the Act; and (e) that the operation of a RNSS jamming device may also contravene sections 192, 193, 194, 195 and 197 of the Act; and (f) that the prohibition of the operation or supply, or possession for the purpose of operation or supply, of a RNSS jamming device will: (i) ensure the reliability and quality of RNSS by minimising the potential for interference with radiocommunications for RNSS; and (ii) increase the awareness of the public and of suppliers of RNSS jamming devices, potentially minimising the need for regulatory action in relation to RNSS jamming devices. Note 1. Notified in the Commonwealth of Australia Gazette on 1 September 2004. |
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