Radiocommunications (Prohibited Device) (RNSS Jamming Devices) Exemption Determination 2014

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2015L00041 Not in force Legislative Instrument

Legislation content

 

Radiocommunications (Prohibited Device) (RNSS Jamming Devices) Exemption Determination 2014

 

made under subsection 27(2) of the

Radiocommunications Act 1992

 

 

Compilation No. 1

Compilation date:    11 March 2023

Includes amendments up to: F2023L00212

 

 

 

 

 

 

 

Prepared by the Australian Communications and Media Authority, Melbourne

 

About this compilation

 

This compilation

This is a compilation of the Radiocommunications (Prohibited Device) (RNSS Jamming Devices) Exemption Determination 2014 that shows the text of the law as amended and in force on 11 March 2023 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law.  Any uncommenced amendments affecting the law are accessible on the Federal Register of Legislation (www.legislation.gov.au).  The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes.  For more information on any uncommenced amendments, see the series page on the Federal Register of Legislation for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law.  Accordingly, this compilation does not show the text of the compiled law as modified.  For more information on any modifications, see the series page on the Federal Register of Legislation for the compiled law.

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

1 Name of Determination

  This Determination is the Radiocommunications (Prohibited Device) (RNSS Jamming Devices) Exemption Determination 2014.

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.

RNSS jamming device means an item of RNSS jamming equipment.

RNSS jamming equipment has the same meaning as in:

 (a) the Radiocommunications (Jamming Equipment) Permanent Ban 2023; or

 (b) if another permanent ban replaces that instrument – the other permanent ban.

Note: The Radiocommunications (Jamming Equipment) Permanent Ban 2023 is available, free of charge, from the Federal Register of Legislation at www.legislation.gov.au.

visiting force has the meaning given by subsection 5 (1) of the Defence (Visiting Forces) Act 1963.

4 Exemption — Defence and related persons

 (1) Under subsection 27 (2) of the Act, the ACMA determines that an act or omission by a member of a class of persons 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 RNSS jamming device; and

 (b) the possession, for the purpose of operation or supply, of a RNSS jamming device.

 (2) Subsection (1) applies to 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 RNSS 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; and

 (g) a person supplying a RNSS 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.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key

 

ad = added or inserted

orig = original

am = amended

par = paragraph(s)/subparagraph(s)

amdt = amendment

/sub‑subparagraph(s)

c = clause(s)

pres = present

C[x] = Compilation No. x

prev = previous

Ch = Chapter(s)

(prev…) = previously

def = definition(s)

Pt = Part(s)

Dict = Dictionary

r = regulation(s)/rule(s)

disallowed = disallowed by Parliament

reloc = relocated

Div = Division(s)

renum = renumbered

exp = expires/expired or ceases/ceased to have

rep = repealed

effect

rs = repealed and substituted

F = Federal Register of Legislation

s = section(s)/subsection(s)

gaz = gazette

Sch = Schedule(s)

LA = Legislation Act 2003

Sdiv = Subdivision(s)

LIA = Legislative Instruments Act 2003

SLI = Select Legislative Instrument

(md not incorp) = misdescribed amendment

SR = Statutory Rules

cannot be given effect

Sub‑Ch = Sub‑Chapter(s)

mod = modified/modification

SubPt = Subpart(s)

No. = Number(s)

underlining = whole or part not

o = order(s)

commenced or to be commenced

Ord = Ordinance

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Radiocommunications (Prohibited Device) (RNSS Jamming Devices) Exemption Determination 2014

15 January 2015
(see F2015L00041)

16 January 2015
 

 

Radiocommunications (Exemptions) Amendment Determination 2023 (No. 1)

10 March 2023
(see F2023L00212)

11 March 2023

 

 

 

 

 

 

 

 

 

 

 

 

 

Endnote 4—Amendment history

 

Provision affected

How affected

s.2.....................

rep. LA s.48D

s.2A....................

rep. LA s.48C

s.3.....................

am. F2023L00212

 

 

 

 

 

 

 

 

 

Overview

The Radiocommunications (Prohibited Device) (RNSS Jamming Devices) Exemption Determination 2014, made under subsection 27(2) of the Radiocommunications Act 1992, was introduced to provide specific exemptions for certain entities in relation to the operation, supply, and possession of RNSS (Radio Navigation Satellite Service) jamming devices. This legislative instrument was enacted to address the need for certain defence and related personnel to use jamming devices in the course of their duties without contravening the broader prohibitions under the Radiocommunications Act. The exemptions aim to support national security and defence operations while maintaining the integrity of radiocommunications. The Australian Communications and Media Authority, as the relevant authority under the Radiocommunications Act, was responsible for making this determination. The policy objective is to ensure that the critical functions of defence forces and related entities are not hindered by the general prohibition on jamming devices, thereby safeguarding national security interests.

Scope and Application

The Radiocommunications (Prohibited Device) (RNSS Jamming Devices) Exemption Determination 2014, made under subsection 27(2) of the Radiocommunications Act 1992, provides an exemption from certain provisions of the Act in relation to the operation, supply, and possession of RNSS jamming devices. This exemption applies to specific categories of persons and entities, including members of the Australian Defence Force, officers of the Department of Defence, the Defence Force and the Department of Defence themselves, members of visiting forces, members of a civilian component of a visiting force, and suppliers contracted to provide RNSS jamming devices to these entities. The exemption operates under the condition that the activities are carried out in the performance of their functions. The exemption determination is applicable throughout Australia, reflecting its national scope and jurisdiction. It is important to note that the exemption does not extend to other persons or entities not specified in the determination, and the definition of RNSS jamming equipment is referenced from other related legislative instruments. The determination can be amended or extended through subordinate instruments, ensuring its relevance and adaptability to changing circumstances or technological advancements.

Key Provisions

The Radiocommunications (Prohibited Device) (RNSS Jamming Devices) Exemption Determination 2014 (the Determination) is an instrument made under the Radiocommunications Act 1992 (the Act). The Determination exempts certain individuals and entities from the prohibitions on the operation, supply, and possession of RNSS jamming devices, which are items of RNSS jamming equipment (s. 4). Specifically, the Determination exempts the operation or supply of these devices by members of the Defence Force, officers of the Department of Defence, the Defence Force, the Department of Defence, members of a visiting force, members of a civilian component of a visiting force, and individuals or entities supplying these devices to the Defence Force or Department of Defence, or to a visiting force (s. 4(2)). The Determination imposes obligations on the specified classes of persons and entities. These include members of the Defence Force and officers of the Department of Defence who are exempt from the prohibitions on the operation or supply of RNSS jamming devices when performing their functions (s. 4(2)(a)). Similarly, the Defence Force and the Department of Defence are exempt from these prohibitions (s. 4(2)(b) and (c)). Individuals or entities supplying RNSS jamming devices to these entities are also exempt provided the supply is pursuant to a written contract signed by the supplier and a member or officer (s. 4(2)(d)). Members of a visiting force and members of a civilian component of a visiting force are exempt when acting in their capacity as such (s. 4(2)(e) and (f)). Suppliers to visiting forces are exempt if their supply is pursuant to a written contract approved in writing by a member or officer of the Defence Force or the Department of Defence (s. 4(2)(g)). The Act itself does not explicitly state penalties for breaches of its provisions. However, breaches of radiocommunications laws generally may be subject to enforcement actions by the Australian Communications and Media Authority (ACMA), including fines and other civil or administrative penalties. The specific penalties for breaches of this Determination would depend on the particular circumstances and would be determined in accordance with the relevant provisions of the Act and other applicable laws. The Determination itself does not specify any penalties or enforcement mechanisms.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.