Notification of Proposed Radiocommunications (Prohibited Device) (RNSS Jamming Devices) Declaration 2014

Overview

The Radiocommunications Act 1992 was enacted to provide for the regulation of radiocommunications in Australia, including the licensing and control of radio spectrum use. The Act was introduced to address the need for a comprehensive legal framework governing the use of radio frequencies to ensure efficient use and to protect the public interest. The Radiocommunications Act 1992 is administered by the Australian Communications and Media Authority (ACMA), which was established under the Act to regulate radiocommunications services and devices. One of the policy objectives of the Act is to prohibit the operation or supply of devices that may cause interference or harm to radiocommunications services, including the prohibition of RNSS jamming devices to ensure the reliability and quality of radiocommunications and to protect public safety.

Scope and Application

The Australian Communications and Media Authority (ACMA) is proposing the Radiocommunications (Prohibited Device) (RNSS Jamming Devices) Declaration 2014 under section 190(1) of the Radiocommunications Act 1992. This proposed declaration aims to prohibit the operation, supply, and possession for the purpose of operation or supply of radionavigation satellite service (RNSS) jamming devices. RNSS jamming devices are defined as those designed to have an adverse effect on, and likely to substantially interfere with, disrupt or disturb, the reception of RNSS radiocommunications. The prohibition is intended to serve no legitimate purpose and to protect the reliability and quality of RNSS radiocommunications by minimising the potential for interference. The proposed declaration applies to all persons and entities within the Commonwealth of Australia, with no specific exclusions noted in the provided text. The ACMA seeks representations on the Proposed Declaration from interested parties by 27 March 2014, with submissions directed to the specified address or email.

Key Provisions

The main sections of the Radiocommunications (Prohibited Device) (RNSS Jamming Devices) Declaration 2014 (the Proposed Declaration) include the prohibition of the operation or supply, and the possession for the purpose of operation or supply, of radionavigation satellite service (RNSS) jamming devices (section 1). A RNSS jamming device is defined as one designed to have an adverse effect on, and likely to substantially interfere with, disrupt or disturb, the reception of RNSS radiocommunications (section 2). This prohibition serves to ensure the reliability and quality of RNSS radiocommunications by minimising the potential for interference and increasing public and supplier awareness (section 3). The ACMA proposes to make this declaration to replace the Radiocommunications (Prohibited Device) (RNSS Jamming Devices) Declaration 2004, which is set to sunset on 1 April 2015 (section 4). The obligations imposed by the Proposed Declaration on the parties and entities it governs are straightforward. They must refrain from operating or supplying RNSS jamming devices and avoid possessing such devices for the purpose of operating or supplying them (section 1). The rationale behind these obligations is to prevent the adverse effects that jamming devices can have on the reception of RNSS radiocommunications, which could inconvenience users and potentially threaten public safety (section 3). By imposing these obligations, the ACMA aims to maintain the integrity and reliability of RNSS radiocommunications, ensuring they are not disrupted or interfered with by unauthorised devices (section 3). Failure to comply with the provisions of the Proposed Declaration can lead to various consequences. Firstly, the operation or supply of a RNSS jamming device contravenes sections 46 and 47 of the Radiocommunications Act 1992, which deal with the unlawful interference with radiocommunications and the use of radio apparatus (section 5). Additionally, operating a RNSS jamming device may contravene sections 192, 193, 194, 195, and 197 of the Act, which involve offences related to the prohibition of certain devices (section 5). The maximum penalties for these offences can be severe, including substantial fines and, in some cases, imprisonment. The specific penalties depend on the nature and extent of the offence, but they are designed to deter individuals and entities from engaging in activities that interfere with RNSS radiocommunications (section 5). Furthermore, the prohibition serves to increase public awareness and potentially reduce the need for regulatory action against RNSS jamming devices (section 3(f)(ii)).