Radiocommunications (Field Trial by Corrective Services NSW of PMTS Jamming Devices at Lithgow Correctional Centre) Exemption Determination 2015
Radiocommunications Act 1992
The AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY makes this Determination under subparagraph 27(1)(be)(ii) and subsection 27(2) of the Radiocommunications Act 1992.
Dated   13th October 2015
Chris Chapman
[signed]
Member
 
 
Richard Bean
[signed]
Member/General Manager
 
 
1          Name of Determination
This Determination is the Radiocommunications (Field Trial by Corrective Services NSW of PMTS Jamming Devices at Lithgow Correctional Centre) Exemption Determination 2015.
2          Commencement
This Determination commences on 31 October 2015.
Note       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.
3          Definitions
(1)     In this Determination:
ACMA means the Australian Communications and Media Authority.
Act means the Radiocommunications Act 1992.
base transmit frequencies means frequencies within a segment of spectrum licensed for the provision of a public mobile telecommunications service which may be used at a base station for transmission only.
carrier has the same meaning as in the Telecommunications Act 1997.
carrier liaison agreement means an agreement entered into between Corrective Services NSW and a relevant carrier for the purposes of the field trial.  
Corrective Services NSW or CSNSW has the same meaning as in the Crimes (Administration of Sentences) Act 1999 of New South Wales.
CSNSW staff means the staff of Corrective Services NSW as provided for in section 231 of the Crimes (Administration of Sentences) Act 1999 of New South Wales.
designated frequencies mean any of the frequency bands used for the supply of a public mobile telecommunications service.
field trial means the trial operation of PMTS jamming devices at the Lithgow Correctional Centre by Corrective Services NSW.
field trial participant has the meaning given to that expression in subsection 6(2) of this Determination.
field trial zone means any area the location of which is:
(a)    wholly within the Lithgow Correctional Centre; and
(b)   depicted on a map of the Lithgow Correctional Centre, agreed in writing by the ACMA and Corrective Services NSW.
 
harmful interference to radiocommunications means interference that obstructs, repeatedly interrupts or seriously degrades radiocommunications.
Note        interference is defined in the Act.
Lithgow Correctional Centre means the maximum security centre at 596 Great Western Highway, Marrangaroo in New South Wales.
nominated PMTS jamming device means a PMTS jamming device of a kind agreed in writing by the ACMA and Corrective Services NSW.
non-designated frequencies means frequencies that are not designated frequencies.
PMTS jamming device has the same meaning as in the Radiocommunications (Prohibition of PMTS Jamming Devices) Declaration 2011.
Note        In the Radiocommunications (Prohibition of PMTS Jamming Devices) Declaration 2011, PMTS means a public mobile telecommunications service as defined in the Telecommunications Act 1997.
public mobile telecommunications service has the same meaning as in the Telecommunications Act 1997.
relevant carriers means Telstra Corporation Limited, Optus Mobile Pty Limited, Vodafone Hutchison Australia Pty Limited and Vodafone Network Pty Limited.
(2)     In this Determination, unless the contrary intention appears, a reference to another 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 Legislative Instruments Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.
Note 2    All Commonwealth Acts and legislative instruments are available on the ComLaw website at http://www.comlaw.gov.au.
4          Corrective Services NSW is a body for the purposes of paragraph 27(1)(be) of the Act
For the purposes of paragraph 27(1)(be) of the Act, Corrective Services NSW is a body to which section 27 of the Act applies.
5          Expiry
This Determination expires on 1 November 2018, as if it had been repealed by another instrument.
6          Exemption in relation to the field trial
(1)     Any act or omission by a field trial participant in relation to the use, operation, possession or supply of a nominated PMTS jamming device is exempt from Parts 3.1, 4.1 and 4.2 of the Act in the circumstances specified in subsection (3).
(2)     For the purposes of subsection (1), field trial participant means a person who is performing a function or duty in relation to Corrective Services NSW and satisfies one of the following:
(a)    the person is a member of CSNSW staff;
(b)the person has a contract with Corrective Services NSW in relation to the conduct of the field trial; or
(c)    the person is employed or engaged by a person who has a contract with Corrective Services NSW in relation to the conduct of the field trial.
(3)     For the purposes of subsection (1), all of the following circumstances must exist:
(a)    either:
(i)                 the ACMA has not notified Corrective Services NSW in writing that all field trial participants are excluded from relying on this Determination; or
(ii)               the ACMA has notified Corrective Services NSW in writing that all field trial participants are excluded from relying on this Determination for a period specified in the notice and either:
(A)     the period specified, and any extension of that period, has expired; or
(B)      the notice has been withdrawn;
(b)   the act is done, or the omission occurs, for the purposes of the field trial;
(c)    a carrier liaison agreement is in place with each of the relevant carriers; and
(d)   in the case of the use or operation of a nominated PMTS jamming device – the act or omission:
(i)                 is done or occurs for the purpose of causing harmful interference to radiocommunications on designated frequencies in the field trial zone;
(ii)               causes harmful interference only to radiocommunications on base transmit frequencies;
(iii)             does not cause radio emissions above -128.5 dBm/kHz on non-designated frequencies outside the field trial zone;
(iv)             complies with the electromagnetic radiation requirements at Part 3 of the Radiocommunications Licence Conditions (Apparatus Licence) Determination 2015 as though the nominated PMTS jamming device is a transmitter operated under a licence to which that Part applies; and
(e)    if the PMTS jamming device is a transmitter mentioned in section 10 of the Radiocommunications Licence Conditions (Apparatus Licence) Determination 2015 - records of the use and operation of the nominated PMTS jamming device are kept in accordance with the record-keeping requirements in Part 4 of the Radiocommunications Licence Conditions (Apparatus Licence) Determination 2015 as though the nominated PMTS jamming device is a transmitter operated under a licence to which that Part applies.