Telecommunications (Prohibition of Mobile Phone Boosters) Declaration 2021

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

Legislation au F2021L01177 In force Legislative Instrument

Select Document

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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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

(a) receive a radio emission from a base station and retransmit the radio emission (or transmit a replica of the radio emission) to:

(i) another base station; or

(ii) a mobile station that is used to access a public mobile telecommunications service; or

(b) receive a radio emission from a mobile station that is used to access a public mobile telecommunications service and retransmit the radio emission (or transmit a replica of the radio emission) to:

(i) a base station; or.

(ii) another mobile station that is used to access a public mobile telecommunications service.

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;

6 Meaning of mobile phone booster

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;

(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).

The term mobile phone booster does not include:

customer equipment that is manufactured in Australia solely for the purpose of being exported; or
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)

(1) The operation or supply of a mobile phone booster, and the possession of a mobile phone booster for the purpose of its operation or supply, are prohibited for the reasons set out below.

(2) The integrity of the telecommunications networks by means of which public mobile telecommunications services are supplied is at risk from the operation of mobile phone boosters because mobile phone boosters can substantially interfere with, disrupt or disturb public mobile telecommunication services by jeopardising the quality and coverage of carriage services. This can cause inconvenience to, or loss of business for, mobile phone users.

(3) The disruption caused to public mobile telecommunications services by mobile phone boosters can also impede access to emergency call services from mobile phones, which creates a risk to public health and safety.

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
Telecommunications (Prohibition of Mobile Phone Boosters) Declaration 2021	23 August 2021 (see F2021L01177)	24 August 2021
Communications (Interpretation) (Consequential Amendments) Instrument 2025	14 March 2025 (see F2025L00361)	31 March 2025

Endnote 4—Amendment history

Provision affected	How affected
s.2.....................		rep. LA 48D
s.4.....................		rep. LA 48C
s.5.....................		am. F2025L00361

Overview

The Telecommunications (Prohibition of Mobile Phone Boosters) Declaration 2021 was enacted to address the risks posed by mobile phone boosters to the integrity and quality of public telecommunications services. This legislative instrument was made under section 450(1) of the Telecommunications Act 1997 by the Australian Communications and Media Authority. The primary policy objective of this declaration is to prevent the operation, supply, and possession of mobile phone boosters, as they can significantly interfere with, disrupt, or disturb public mobile telecommunications services, thereby compromising the quality and coverage of carriage services. This interference can lead to inconvenience for mobile phone users and, more critically, impede access to emergency call services, posing a risk to public health and safety. This compilation of the declaration reflects the text of the law as amended and in force as of 31 March 2025. It includes information about amending laws and the amendment history of the provisions. Uncommenced amendments and modifications are not reflected in the text of the compiled law, but details are accessible on the Register of Legislation. The declaration provides definitions for key terms such as "base station," "cellular mobile repeater," and "mobile phone booster," and explicitly prohibits the operation or supply of mobile phone boosters for the reasons outlined in Schedule 1, which details the potential risks associated with their use.

Scope and Application

The Telecommunications (Prohibition of Mobile Phone Boosters) Declaration 2021 applies to any person or entity involved in the operation, supply, or possession of mobile phone boosters within the Commonwealth of Australia. This prohibition extends to anyone intending to use these devices for any of the aforementioned purposes, thereby covering a broad spectrum of activities related to mobile phone boosters across various industries. The geographic reach of this declaration is national, applying uniformly across all states and territories of Australia. Notably, the declaration excludes mobile phone boosters manufactured in Australia solely for export purposes and explicitly does not apply to cellular mobile repeaters. The application of the Act may be further refined or extended through subordinate instruments, allowing for adjustments and clarifications to be made as necessary to ensure effective enforcement and compliance. The Telecommunications (Prohibition of Mobile Phone Boosters) Declaration 2021, as noted, aims to protect the integrity of telecommunications networks by prohibiting the operation, supply, or possession of mobile phone boosters due to their potential to interfere with, disrupt, or disturb public mobile telecommunications services. This prohibition is particularly crucial as it could impede access to emergency call services, posing risks to public health and safety. The exclusion of certain types of devices, such as those manufactured for export, ensures that the prohibition does not adversely impact legitimate business activities outside of Australia. This legislative instrument, therefore, establishes a clear and comprehensive framework to address the identified risks associated with mobile phone boosters within the Australian jurisdiction.

Key Provisions

The Telecommunications (Prohibition of Mobile Phone Boosters) Declaration 2021 (sections 5 to 8) establishes the prohibition on the operation, supply, and possession of mobile phone boosters. According to section 6, a mobile phone booster is defined as customer equipment that connects with a mobile station, transmits and receives radio emissions from a base station, amplifies these emissions, draws power from a power source, and operates within specified frequency bands, but it excludes certain equipment like cellular mobile repeaters. Section 8 explicitly prohibits the operation or supply of mobile phone boosters, as well as their possession for such purposes, due to the risks they pose to the integrity of telecommunications networks, the quality and coverage of public mobile telecommunications services, and potential disruptions to emergency call services. Entities governed by this Act must ensure they do not engage in any activities related to the operation, supply, or possession of mobile phone boosters. This includes individuals, businesses, and any other entities involved in the telecommunications sector. They must comply with the prohibition by refraining from using, selling, distributing, or otherwise making available mobile phone boosters. The Act mandates that any equipment meeting the definition of a mobile phone booster should not be operated, supplied, or possessed with the intent to do so. This obligation extends to both existing and new equipment, requiring vigilance in the monitoring and control of telecommunications devices to prevent non-compliance. Breaching the provisions of this Declaration can result in significant legal consequences. While the specific penalties are not detailed within the text, breaches of telecommunications regulations under the Telecommunications Act 1997 can typically incur substantial fines and potential criminal charges. The penalties for contravening these types of regulations can vary depending on the severity and intent of the violation, but they are generally designed to deter non-compliance and enforce the integrity of public telecommunications services.

Area of Law: Technology Law
Instrument: Legislative Instrument
Concepts: Definitions & Interpretation; Prohibited Conduct; Compliance Obligations

Interactions

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.

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