Radiocommunications (Field Trial by Corrective Services NSW of PMTS Jamming Devices at Lithgow Correctional Centre) Exemption Determination 2014

Link to law: https://www.comlaw.gov.au/Details/F2014L01398

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Radiocommunications (Field Trial by Corrective Services NSW of PMTS Jamming Devices at Lithgow Correctional Centre) Exemption Determination 2014
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 20 October 2014
Richard Bean
[signed]
Member
 
 Brendan Byrne
[signed]
General Manager/Member
Australian Communications and Media Authority
 
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 2014.
2          Commencement
This Determination commences the day after it is registered.
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
            In this Determination:
ACMA means the Australian Communications and Media Authority.
Act means the Radiocommunications Act 1992.
ARPANSA Standard means the Radiation Protection Standard for Maximum Exposure Levels to Radiofrequency Fields – 3kHz to 300 GHz (2002) published by the Australian Radiation Protection and Nuclear Safety Agency as in force or existing from time to time.
Note        The ARPANSA Standard may be obtained from the Australian Radiation Protection and Nuclear Safety Agency website (http://www.arpansa.gov.au).
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 means any of the following frequencies:
(a)    870‑890 MHz;
(b)   935‑960 MHz;
(c)    1805‑1880 MHz; and
(d)   2110‑2170 MHz.
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, before the commencement of this Determination, for use in the field trial.
non-designated frequencies means frequencies other than the 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.
 
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 31 October 2015, 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; and
(c)    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)     does not cause radio emissions above -128.5 dBm/kHz on non-designated frequencies outside the field trial zone; and
(iii)    is done or occurs in accordance with the ARPANSA Standard.