Radiocommunications (Prohibited Device) (Mobile Telephone Jamming Devices) Exemption Determination 2004
The AUSTRALIAN COMMUNICATIONS AUTHORITY makes this Determination under subsection 27 (2) of the Radiocommunications Act 1992.
Dated 25 August 2004
R HORTON
Chair
A HORSLEY
Deputy Chair
Australian Communications Authority
1 Name of Determination
This Determination is the Radiocommunications (Prohibited Device) (Mobile Telephone Jamming Devices) Exemption Determination 2004.
2 Commencement
This Determination commences on the date of its notification in the Gazette.
3 Definitions
In this Determination:
Act means the Radiocommunications Act 1992.
Defence Force has the meaning given by section 30 of the Defence Act 1903.
Department of Defence means the Department administered by the Minister for Defence.
member of a civilian component of a visiting force has the meaning given by subsection 5 (3) of the Defence (Visiting Forces) Act 1963.
member of a visiting force has the meaning given by subsection 5 (2) of the Defence (Visiting Forces) Act 1963.
mobile telephone jamming device means a device designed:
(a) to operate within the frequency bands 870-960 MHz or 825-845 MHz; and
(b) to interfere with, disrupt or disturb radiocommunications.
visiting force has the meaning given by subsection 5 (1) of the Defence (Visiting Forces) Act 1963.
4 Exemption — Defence and related persons
(1) For subsection 27 (2) of the Act, an act or omission by a person mentioned in subsection (2) to whom paragraph 27 (1) (a) of the Act applies is exempt from section 189 and Part 4.2 of the Act in relation to:
(a) the operation or supply of a mobile telephone jamming device; and
(b) the possession, for the purpose of operation or supply, of a mobile telephone jamming device.
(2) For subsection (1), the persons are the following:
(a) a member of the Defence Force, or an officer of the Department of Defence, in the performance of his or her functions as such a member or officer;
(b) the Defence Force;
(c) the Department of Defence;
(d) a person supplying a mobile telephone jamming device to the Defence Force or the Department of Defence in accordance with a written contract signed by:
(i) the person; and
(ii) a member of the Defence Force, or an officer of the Department of Defence, in the performance of his or her functions as such a member or officer;
(e) a member of a visiting force;
(f) a member of a civilian component of a visiting force;
(g) a person supplying a mobile telephone jamming device to a visiting force in accordance with a written contract approved in writing by a member of the Defence Force, or an officer of the Department of Defence, in the performance of his or her functions as such a member or officer.