Radiocommunications (Prohibited Devices) (Use of Electronic Counter Measures for Bomb Disposal Activities) Exemption Determination 2010 (Cth)
Radiocommunications (Prohibited Devices) (Use of Electronic Counter Measures for Bomb Disposal Activities) Exemption Determination 20101
Radiocommunications Act 1992
The AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY makes this Determination under subsection 27 (2) of the Radiocommunications Act 1992.
Dated 31 March 2010
Chris Chapman
[signed]
Member
Brendan Byrne
[signed]
Member
Australian Communications and Media Authority
Contents
1Name of Determination 2
2Commencement 2
3Definitions 2
4Exemption for bomb disposal activity — ECM operators 3
5Exemption for bomb disposal activity — trainee ECM operators 4
6Exemption for persons importing, possessing, supplying and transporting an ECM device 4
7Circumstance — bomb disposal emergency 5
8Circumstance — maintenance of equipment 5
9Circumstance — bomb disposal training and evaluation 6
10Circumstance — research and development 6
11Notifying critical radiocommunications spectrum users 6
12Notifying the ACMA 7
Name of Determination
This Determination is the Radiocommunications (Prohibited Devices) (Use of Electronic Counter Measures for Bomb Disposal Activities) Exemption Determination 2010.
Commencement
This Determination commences on the day after it is registered.
Definitions
In this Determination:
Act means the Radiocommunications Act 1992.
advisory guidelines means the Radiocommunications Advisory Guidelines (Use of Electronic Counter Measures for Bomb Disposal Activities) 2010 made by the ACMA under section 262 of the Radiocommunications Act 1992.
AFP means the Australian Federal Police established under the Australian Federal Police Act 1979.
approved ECM procedures, for a member of a police force, means ECM procedures approved by the police force to which the member belongs.
bomb means an improvised explosive device.
critical radiocommunications spectrum user has the meaning given by the advisory guidelines as in force from time to time.
ECM means electronic counter measures using an ECM device.
ECM device means a device designed to interfere with, disrupt, distort or disturb radiocommunications.
ECM operator, in relation to an ECM device, means a person who:
(a) is a member of a police force; and
(b) has been trained in the use of ECM in accordance with approved ECM procedures; and
(c) is authorised to operate the ECM device by the police force of which the person is a member.
ECM procedures means written procedures of a police force that relate to the safe and proper use, importation, possession, supply, and transportation of ECM devices.
Note The ECM procedures may have been made with general application or by reference specifically to ECM devices.
improvised explosive device means a device that:
(a) is placed, or fabricated, in an improvised manner; and
(b) incorporates destructive, lethal, noxious, pyrotechnic or incendiary chemicals; and
(c) is designed to destroy, incapacitate, harass or distract.
police force means:
(a) the AFP; and
(b) a police force of a State or Territory mentioned in paragraph 27 (1) (b) of the Act.
police officer in charge means a member of a police force who occupies the position or performs the duties of a manager of a bomb disposal unit, or team, in that police force (however the position is described).
trainee ECM operator, in relation to an ECM device, means a member of a police force who is authorised by the police force of which the person is a member to train in the use of ECM.
Exemption for bomb disposal activity — ECM operators
(1) For subsection 27 (2) of the Act, an act or omission by:
(a) an ECM operator; or
(b) a person acting on behalf of an ECM operator;
in relation to the use of ECM is exempt from Parts 3.1, 4.1 and 4.2 of the Act if the act is done, or the omission occurs, in the circumstances specified in subsection (2).
(2) The circumstances are that:
(a) the act is done, or the omission occurs:
(i) in relation to a bomb disposal emergency mentioned in section 7; or
(ii) during a maintenance circumstance mentioned in section 8; or
(iii) during a bomb disposal training and evaluation circumstance mentioned in section 9; or
(iv) during a research and development circumstance mentioned in section 10; and
(b) the act is done, or the omission occurs, consistently with any approved ECM procedures, and the advisory guidelines, that are in force at the time the act is done or the omission occurs; and
(c) if the act is done, or the omission occurs, otherwise than in a bomb disposal emergency — the act is done, or the omission occurs, in accordance with subsections 11 (1) and 12 (1); and
(d) if the act is done, or the omission occurs, in a bomb disposal emergency — the act is done, or the omission occurs, in accordance with subsections 11 (2) and (3) and 12 (2); and
(e) if the person is acting on behalf of an ECM operator:
(i) the person is performing a function or duty, under a contract with a police force, in a matter to which section 7, 8, 9 or 10 relates; and
(ii) the act is done, or the omission occurs, under the direct supervision of the ECM operator.
Exemption for bomb disposal activity — trainee ECM operators
(1) For subsection 27 (2) of the Act, an act or omission by a trainee ECM operator in relation to the use of ECM is exempt from Parts 3.1, 4.1 and 4.2 of the Act if the act is done, or the omission occurs, in the circumstances specified in subsection (2).
(2) The circumstances are that:
(a) the trainee ECM operator is being trained in the use of ECM under the supervision of an ECM operator; and
(b) the act is done, or the omission occurs, during a bomb disposal training and evaluation circumstance mentioned in section 9; and
(c) the act is done, or the omission occurs, consistently with any approved ECM procedures, and the advisory guidelines, that are in force at the time the act or omission occurs.
Exemption for persons importing, possessing, supplying and transporting an ECM device
(1) For subsection 27 (2) of the Act, an act or omission by a person in relation to the importation, possession, supply or transportation of an ECM device is exempt from Parts 3.1, 4.1 and 4.2 of the Act if the act is done, or the omission occurs, in the circumstances specified in subsection (2).
(2) The circumstances are that:
(a) the person is:
(i) a police officer in charge who has authority to authorise the importation, possession, supply or transportation of an ECM device; or
(ii) a person acting on behalf of the police officer in charge; and
(b) the person does not turn on or otherwise use the device; and
(c) the act is done, or the omission occurs, consistently with any approved ECM procedures, and the advisory guidelines, that are in force at the time the act or omission occurs; and
(d) if the device has been imported into Australia — the device:
(i) has been purchased, or is subject to purchase, under a genuine contract of sale between the supplier of the device and the police force proposing to use the device; or
(ii) is a sample device that has been imported into Australia for research purposes in accordance with a written agreement between the supplier of the device and the police force proposing to use the device; and
(e) if the device has been manufactured in Australia — it was manufactured:
(i) by the police force proposing to use the device; or
(ii) at the written request of the police force proposing to use the device.
Circumstance — bomb disposal emergency
For subparagraph 4 (2) (a) (i), paragraph 4(2)(c), paragraph 4(2)(d), section 11 and section 12, a bomb disposal emergency exists if an ECM operator is satisfied, having regard to approved ECM procedures, that it is necessary to use an ECM device in order to prevent the potential or actual remote detonation of a bomb.
Note If the ECM operator has regard to approved ECM procedures, and is appropriately satisfied that it is necessary to use an ECM device, but the bomb disposal emergency is later discovered to be a false alarm, the event will still be treated as a bomb disposal emergency.
Circumstance — maintenance of equipment
For subparagraph 4 (2) (a) (ii), a maintenance circumstance exists in relation to an ECM device during any period that an ECM operator believes, on reasonable grounds, that it is necessary to operate the ECM device in order to test or maintain the device.
Circumstance — bomb disposal training and evaluation
For subparagraph 4 (2) (a) (iii) and paragraph 5 (2) (b), a bomb disposal training and evaluation circumstance exists during the following periods, nominated by a police officer in charge, in accordance with approved ECM procedures that are in force at the time the nomination is made:
(a) a period during which a trainee ECM operator is to be trained in the use of ECM;
(b) the duration of an exercise or evaluation that will involve the use of ECM and that is designed to test or improve the response of 1 or more emergency services.
Circumstance — research and development
For subparagraph 4 (2) (a) (iv), a research and development circumstance exists in relation to an ECM device during any period that an ECM operator believes, on reasonable grounds, that it is necessary to operate the ECM device in order to:
(a) test a device in order to study the function of the device; or
(b) test a prototype device; or
(c) test modifications made to an existing device.
Notifying critical radiocommunications spectrum users
(1) If an ECM device is to be operated otherwise than in a bomb disposal emergency, a police officer in charge with responsibility for the operation of the ECM device must, before the ECM device is operated, ensure that all reasonable steps are taken, consistently with the advisory guidelines, to:
(a) minimise any potential interference to radiocommunications that may be caused by the operation of the ECM device; and
(b) notify critical radiocommunications spectrum users who may be affected by the proposed operation of the ECM device about the proposed operation.
(2) If an ECM device is to be operated in a bomb disposal emergency, a police officer in charge with responsibility for the operation of the ECM device must, as soon as it is reasonably practicable to do so, ensure that all reasonable steps are, or have been, taken to minimise any interference to radiocommunications that is being caused, or may be caused, by the operation of the ECM device.
(3) If an ECM device is to be operated in a bomb disposal emergency, a police officer in charge with responsibility for the operation of the ECM device must, as soon as it is reasonably practicable to do so (whether before or after the device is operated), ensure that all reasonable steps are, or have been, taken to notify critical radiocommunications spectrum users who may be affected by the operation, or proposed operation, of the ECM device about the operation or proposed operation.
Notifying the ACMA
(1) If an ECM device is to be operated otherwise than in a bomb disposal emergency, a police officer in charge with responsibility for the operation of the ECM device must, before the ECM device is operated, ensure that all reasonable steps are taken, consistently with the advisory guidelines, to notify the ACMA about the proposed operation.
(2) If an ECM device is to be operated in a bomb disposal emergency, a police officer in charge with responsibility for the operation of the ECM device must, as soon as it is reasonably practicable to do so (whether before or after the device is operated), ensure that all reasonable steps are, or have been, taken to notify the ACMA about the operation or proposed operation.
Note
1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See
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