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

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

made under section 190 of the

Radiocommunications Act 1992

Compilation No. 2

Compilation date:      16 September 2020

Includes amendments up to:        Radiocommunications (Prohibited Device) (RNSS Jamming Devices) Amendment Declaration 2020 (No. 1) [F2020L01164]

Prepared by the Australian Communications and Media Authority      

1. Name of Declaration

This Declaration is the Radiocommunications (Prohibited Device) (RNSS Jamming Devices) Declaration 2014.

1. 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; and

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

RNSS receiver means a radiocommunications receiver used for receiving RNSS radiocommunications.

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.

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

·radiocommunication;

·spectrum plan;

·radiocommunications receiver; and

·device.

1. Prohibition relating to RNSS jamming devices

Under section 190 of the Act, the ACMA declares that:

(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.

1. Reasons for prohibition

For the purposes of section 4, the reasons for prohibition of RNSS jamming devices are as follows:

(a)    that the radiocommunications use of a RNSS jamming device serves no legitimate purpose; and

(b)    that the primary 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 radiocommunications 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 radiocommunications by minimising the potential for interference; 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.

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.

Notes to the Radiocommunications (Prohibited Device) (RNSS Jamming Devices) Declaration 2014

Note 1

The Radiocommunications (Prohibited Device) (RNSS Jamming Devices) Declaration 2014 (in force under section 190 of the Radiocommunications Act 1992) as shown in this compilation is amended as indicated in the Tables below.

Table of Instruments

Title	Date of notification in Gazette or FRLI registration	Date of commencement	Application, saving or transitional provisions
Radiocommunications (Prohibited Device) (RNSS Jamming Devices) Declaration 2014	22 December 2014 (see F2014L01776)	15 January 2015
Radiocommunications (Communication with Space Object) Class Licence Consequential Amendments Instrument 2015	18 September 2015 (see F2015L01488)	24 September 2015 (see F2015L01486 and C2015G01540)
Radiocommunications (Prohibited Device) (RNSS Jamming Devices) Amendment Declaration 2020 (No. 1)	15 September 2020 (see F2020L01164)	16 September 2020

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted
Provision affected		How affected
s.2..........................................		rep. LA s.48D
s.2A........................................		rep. LA s.48C
s.3..........................................		am. 2015, am. 2020 (No.1)
s.5..........................................		am.2020 (No.1)