Radiocommunications (Unmanned Aircraft and Unmanned Aircraft Systems) Exemption Determination 2019 (Cth)

Radiocommunications (Unmanned Aircraft and Unmanned Aircraft Systems) Exemption Determination 2019

The Australian Communications and Media Authority makes the following determination under subsection 27(2) of the Radiocommunications Act 1992.

Dated: 23 April 2019

Nerida O’Loughlin

[signed]

Member

Linda Caruso

[signed]

Member/General Manager

Australian Communications and Media Authority

1  Name

This is the Radiocommunications (Unmanned Aircraft and Unmanned Aircraft Systems) Exemption Determination 2019.

2  Commencement

This instrument commences at 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  Repeal of this instrument

This instrument is repealed on the second anniversary of the day this instrument commences.

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.

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

radionavigation-satellite service has the meaning given by subsection 3(1) of the spectrum plan.

relevant frequency bands means the following frequency bands:

(a)    2400 MHz to 2483.5 MHz;

(b)    5725 MHz to 5850 MHz.

relevant period means the period beginning immediately after this instrument commences and ending immediately before this instrument is repealed.

relevant person means:

(a)    a member of the Australian Federal Police; or

(b)    a person who has entered into a contract with the AFP to perform a function or duty in relation to the AFP that consists of one or more of the following:

(i)      supply of an RNSS jamming device;

(ii)     testing of an RNSS jamming device;

(iii)    training a member of the AFP in relation to an RNSS jamming device;

(iv)    maintenance of an RNSS jamming device.

RNSS means radionavigation-satellite service.

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 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:

•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 from time to time; and

(b)    a reference to any other kind of instrument or writing is a reference to that other instrument or writing as in force or in existence 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 314A of the Act.

7  Exemption in relation to certain activities

(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; and

(b)    the act is done, or the omission occurs, during the relevant period; and

(c)    the act is done, or the omission occurs, in relation to one or more of the following activities:

(i)      the procurement or supply of an RNSS jamming device that is to be operated in the relevant frequency bands, to disrupt or disable a UA or a UAS;

(ii)     the provision of training to a member of the AFP relating to the operation of an RNSS jamming device, in the relevant frequency bands, to disrupt or disable a UA or a UAS;

(iii)    the testing or maintenance of an RNSS jamming device, that is to be operated, in the relevant frequency bands, to disrupt or disable a UA or a UAS; or

(iv)the operation of an RNSS jamming device, in the relevant frequency bands, to disrupt or disable a UA or a UAS.