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.
3 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.
4 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.
5 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) |
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Overview
The Radiocommunications (Prohibited Device) (RNSS Jamming Devices) Declaration 2014 was enacted under section 190 of the Radiocommunications Act 1992 to address the problem of devices that adversely affect the reception of radionavigation-satellite services (RNSS) by RNSS receivers, which can interfere with critical communication systems and potentially threaten public safety. This legislative instrument, prepared by the Australian Communications and Media Authority (ACMA), prohibits the operation, supply, and possession of RNSS jamming devices for the purpose of operation or supply, ensuring the reliability and quality of RNSS radiocommunications by minimizing the potential for interference. The policy objective is to prevent devices that serve no legitimate purpose from disrupting the reception of RNSS radiocommunications, thereby protecting the integrity of communication systems vital for navigation and public safety.
The enacting body for this Declaration is the ACMA, acting under the authority of the Radiocommunications Act 1992. The policy objective of the Declaration is to safeguard RNSS communications from interference, thereby maintaining the reliability and quality of services that are crucial for navigation and public safety. This is achieved by prohibiting the use of devices designed to jam RNSS signals, which could otherwise inconvenience users and pose risks to public safety. The Declaration came into effect on 15 January 2015 and has been subject to amendments to keep it aligned with evolving technological and regulatory needs.
Scope and Application
The Radiocommunications (Prohibited Device) (RNSS Jamming Devices) Declaration 2014, made under section 190 of the Radiocommunications Act 1992, addresses the prohibition of radionavigation-satellite service (RNSS) jamming devices, which are specifically designed to interfere with the reception of RNSS radiocommunications by RNSS receivers. This legislative instrument applies to any person or entity engaged in the operation, supply, or possession of RNSS jamming devices for the purpose of operating or supplying such devices within the jurisdiction of Australia. The scope of the Act extends to all Commonwealth, state, and territory jurisdictions in Australia. However, RNSS repeaters, which also impact the reception of RNSS radiocommunications, are not subject to the prohibition as they serve a legitimate purpose by retransmitting RNSS radiocommunications. The Act aims to ensure the reliability and quality of RNSS radiocommunications by minimising the potential for interference, thereby protecting public safety and the interests of RNSS users. Amendments to the Declaration, such as the Radiocommunications (Prohibited Device) (RNSS Jamming Devices) Amendment Declaration 2020 (No. 1), may further refine the application or definitions within the scope of this legislative instrument.
Key Provisions
The Radiocommunications (Prohibited Device) (RNSS Jamming Devices) Declaration 2014 (the "Declaration") under section 190 of the Radiocommunications Act 1992 (the "Act") prohibits the operation, supply, and possession for the purpose of operation or supply of radionavigation-satellite service (RNSS) jamming devices. Section 4 of the Declaration explicitly states that such devices are prohibited due to their potential to interfere with, disrupt, or disturb the reception of RNSS radiocommunications by RNSS receivers. This interference could lead to significant inconvenience for users of RNSS and could potentially threaten public safety. RNSS repeaters are excluded from this prohibition, as they serve a legitimate purpose by re-transmitting RNSS radiocommunications to improve reception.
Under the Declaration, it becomes an obligation for all entities and individuals to ensure that they do not operate, supply, or possess RNSS jamming devices. This obligation extends to understanding the definition of an RNSS jamming device, which is a device designed to adversely affect the reception of RNSS radiocommunications by RNSS receivers, unless it is part of an RNSS repeater. The prohibition is intended to maintain the reliability and quality of RNSS radiocommunications by minimising the potential for interference. It also aims to increase public and supplier awareness, potentially reducing the need for regulatory action.
Breaching the provisions of this Declaration can lead to serious consequences. Section 189 of the Act stipulates that operating, supplying, or possessing an RNSS jamming device for the purpose of operation or supply is an offence. The penalties for such breaches may include fines and, in some cases, imprisonment. The specific penalties are not detailed within the Declaration but would be governed by the overarching provisions of the Act. Given the potential risks to public safety and the significant inconvenience to RNSS users, the penalties are likely to be severe, reflecting the seriousness of interfering with critical communication services.
It is important for practitioners to ensure that their clients understand the scope of the Declaration and the implications of non-compliance. This includes advising on the necessity to avoid any activities involving RNSS jamming devices and ensuring compliance with any future amendments to the Declaration. Non-compliance not only risks criminal penalties but can also lead to reputational damage and potential civil liabilities for those affected by the interference caused by such devices.