Telecommunications (Prohibition of Mobile Phone Boosters) Declaration 2021

Telecommunications (Prohibition of Mobile Phone Boosters) Declaration 2021

made under section 450(1) of the

Telecommunications Act 1997

Compilation No.  1

Compilation date:   31 March 2025

Includes amendments: F2025L00361

Prepared by the Australian Communications and Media Authority, Melbourne

About this compilation

This compilation

This is a compilation of the Telecommunications (Prohibition of Mobile Phone Boosters) Declaration 2021 that shows the text of the law as amended and in force on 31 March 2025 (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 Register (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 Register 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 Register 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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

  This is the Telecommunications (Prohibition of Mobile Phone Boosters) Declaration 2021.

3  Authority

  This instrument is made under subsection 450(1) of the Telecommunications Act 1997.

5  Definitions

  In this instrument:

Act means the Telecommunications Act 1997.

base station means a station that is part of a telecommunications network by means of which a public mobile telecommunications service is supplied.

cellular mobile repeater means a radiocommunications device that draws power from a power source and that, operating as a single radiocommunications device or as part of a system of radiocommunications devices, is able to:

frequency band has the same meaning as in the Radiocommunications Act 1992.

mobile phone booster has the meaning given by section 6. 

mobile station has the meaning given by:

(a) the Radiocommunications (Interpretation) Determination 2025; or

(b) if a later instrument replaces that determination – the later instrument.

Note: The Radiocommunications (Interpretation) Determination 2025 is a legislative instrument and is available, free of charge, from the Federal Register of Legislation at www.legislation.gov.au.

radiocommunications device has the same meaning as in the Radiocommunications Act 1992.

radiocommunications receiver has the same meaning as in the Radiocommunications Act 1992.

radiocommunications transmitter has the same meaning as in the Radiocommunications Act 1992.

radio emission has the same meaning as in the Radiocommunications Act 1992.

station has the meaning given by:

(a) the Radiocommunications (Interpretation) Determination 2025; or

(b) if a later instrument replaces that determination – the later instrument.

Note 1: The Radiocommunications (Interpretation) Determination 2025 is a legislative instrument and is available, free of charge, from the Federal Register of Legislation at www.legislation.gov.au.

Note 2: A number of other expressions used in this instrument are defined in the Act, including the following:

(a) customer equipment;

(b) public mobile telecommunications service;

(c) telecommunications network.

6  Meaning of mobile phone booster

1.     For the purposes of this instrument, mobile phone booster means customer equipment that:

(a) connects, by means of physical contact, with a mobile station;

(b) transmits radio emissions to, and receives radio emissions from, a base station;

(c) amplifies radio emissions transmitted to the base station;

(d) draws power from a power source;

(e) operates within one or more frequency bands used for the supply of a public mobile telecommunications service; and

(f) is not of a kind described in subsection (2).

1.     The term mobile phone booster does not include:

1.                 customer equipment that is manufactured in Australia solely for the purpose of being exported; or
2.                 for the avoidance of doubt, a cellular mobile repeater.  

7  References to other instruments

  In this instrument, unless the contrary intention appears, a reference to any other legislative instrument is a reference to that other legislative instrument as in force from time to time.

Note 1: For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.

Note 2: All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.

8  Prohibition of mobile phone boosters

The operation or supply of a mobile phone booster, or the possession of a mobile phone booster for the purpose of its operation or supply, is prohibited for the reasons set out in Schedule 1.

Schedule 1 Reasons for Prohibition

(section 8)

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

Endnote 3—Legislation history

Endnote 4—Amendment history