EXPLANATORY STATEMENT
Issued by the authority of the Australian Communications and Media Authority
Radiocommunications (Prohibited Devices) (AFP testing of Mobile Telephone Jamming Devices) Exemption Amendment Determination 2007
Radiocommunications Act 1992
Purpose
The purpose of the Radiocommunications (Prohibited Devices) (AFP testing of Mobile Telephone Jamming Devices) Exemption Amendment Determination 2007 (the Amendment Determination) is to amend the Radiocommunications (Prohibited Devices) (AFP testing of mobile telephone jamming devices) Exemption Determination 2006 (the original Determination) to extend the day the latter ceases by three months to 15 months after the day on which it commenced. The original Determination will now cease on 15 August 2007.
Legislative Provisions
Under subsection 27 (2) of the Radiocommunications Act 1992 (the Act), the Australian Communications and Media Authority (ACMA) may determine that acts or omissions by members of a class of persons performing a function or duty in relation to the defence of Australia be exempt from certain provisions of the Act.
A determination made under subsection 27 (2) is a disallowable instrument for the purposes of the Legislative Instruments Act 2003.
Background
The use of mobile telephones in prisons has been of concern to State and Territory corrections authorities for some years. The objective of corrective services departments is to be able to prevent inmates, including suspected or convicted terrorists, from making unauthorised telephone calls. The new generation of ‘smart jammers’ have been identified as a means to prevent their use.
ACMA made the original Determination on 11 May 2006 to facilitate the testing, during a trial period, of mobile telephone jamming devices by Telstra at its shielded room testing facility. It exempts the Australian Federal Police (the AFP) and employees of Telstra from the Notification That the Australian Communications Authority Prohibits the Operation or Supply, or Possession for the Purpose of Operation or Supply, of Specified Devices, dated 4 March 1999, made under section 190 of the Radiocommunications Act.
The 3-month extension will facilitate the AFP and Telstra to negotiate with each other and with other mobile carriers an appropriate test regime.
Regulation Impact
ACMA’s preliminary assessment of the Amendment Determination indicates that it has no significant indirect effect on business, no impact on Telstra’s market competitiveness and imposes no consequential compliance costs on the parties to whom it applies. For those reasons under the self-assessment regime administered by the Office of Best Practice Regulation, ACMA has determined that there is no need to produce a Business Cost Calculator report or to prepare a Regulation Impact Statement. The ACMA RIS reference number is 008.
Consultation
When making the original Determination all of the mobile carriers and the Australian Mobile Telecommunications Association were consulted and will continue to be involved in setting the parameters of the test. Their comments at that time were considered in the making of the original Determination and this instrument. The mobile carriers will continue to be consulted during the extension period as part of negotiations for an appropriate test regime.
Details of the amendment determination are in attachment 1.
ATTACHMENT 1
Notes on the instrument
Section 1 Name of Determination
Section 1 provides for the name of the Determination.
Section 2 Commencement
Section 2 provides for the commencement of the Determination.
Section 3 Amendment of Radiocommunications (Prohibited Devices) (AFP testing of mobile telephone jamming devices) Exemption Determination 2006
Section 3 provides that Schedule 1 amends the Radiocommunications (Prohibited Devices) (AFP testing of mobile telephone jamming devices) Exemption Determination 2006.
Schedule 1 Amendments
Item 1 Section 3
Substitutes section 3 to provide that the Determination ceases to have effect at the end of 15 months after the day on which it commences.
Item 2 Section 4, after definition of Telstra (shielded room) testing facility
Substitutes the definition of trial period so that the trial period is extended by 3 months to be concurrent with the amended day on which the Determination ceases.