Radiocommunications (Prohibited Device) (RNSS Jamming Devices) Declaration 2014

Link to law: https://www.comlaw.gov.au/Details/F2014L01776

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Radiocommunications (Prohibited Device) (RNSS Jamming Devices) Declaration 2014
The AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY makes this Declaration under section 190 of the Radiocommunications Act 1992.
Dated 15 December 2014
Chris Chapman
[signed]
 Member
Richard Bean
[signed]
Member / General Manager
 
Australian Communications and Media Authority
  
1              Name of Declaration
                This Declaration is the Radiocommunications (Prohibited Device) (RNSS Jamming Devices) Declaration 2014.
2              Commencement
                This Declaration commences on 15 January 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.
2A           Revocation of previous Declaration
The Radiocommunications (Prohibited Device) (RNSS Jamming Devices) Declaration 2004 (Federal Register of Legislative Instruments No. F2005B00098) is revoked.
3              Definitions
                In this Declaration:
Act means the Radiocommunications Act 1992.
radionavigation-satellite service (RNSS) has the meaning given by subsection 3 (1) of the spectrum plan.
RNSS jamming device means a device that:
                (a)    is designed to have an adverse effect on the reception by RNSS receivers of RNSS radiocommunications; and
               (b)    would be likely substantially to interfere with, disrupt or disturb the reception by RNSS receivers of RNSS radiocommunications.
RNSS radiocommunication means a radiocommunication that is transmitted at a frequency:
                (a)    allocated to RNSS under the spectrum plan; and
               (b)    mentioned in apparatus licences for radiocommunications transmitters on satellites; and
                (c)    included in the frequency ranges mentioned in the Radiocommunications (Communication with Space Object) Class Licence 1998.
RNSS receiver means a radiocommunications receiver used for receiving RNSS radiocommunications.
Note   The term radiocommunication is defined in section 6 of the Act, apparatus licence and spectrum plan are defined in section 5 of the Act, radiocommunications device, radiocommunications receiver and radiocommunications transmitter are defined in section 7 of the Act, and device is defined in section 9 of the Act.
4              Prohibition relating to RNSS jamming devices
                Under section 190 of the Act, the ACMA declares that:
                (a)    the operation or supply of a RNSS jamming device is prohibited for the reasons mentioned in section 5; and
               (b)    the possession, for the purpose of operation or supply, of a RNSS jamming device is prohibited for the reasons mentioned in section 5.
Note   Under section 189 of the Act, while this Declaration is in force it is an offence for a person to operate or supply a RNSS jamming device, or to possess a RNSS jamming device for the purpose of operating or supplying the device.
5              Reasons for prohibition
                For the purposes of section 4, the reasons for prohibition of RNSS jamming devices are as follows:
                (a)    that the radiocommunications use of a RNSS jamming device serves no legitimate purpose; and
               (b)    that the primary purpose of a RNSS jamming device is to adversely affect, interfere with, disrupt or disturb the reception of RNSS radiocommunications by RNSS receivers; and
                (c)    that adversely affecting, interfering with, disrupting or disturbing RNSS radiocommunications would inconvenience RNSS users and could threaten public safety; and
               (d)    that the operation, or the possession for the purpose of operation, of a RNSS jamming device may contravene sections 46 and 47 of the Act; and
                (e)    that the operation of a RNSS jamming device may also contravene sections 192, 193, 194, 195 and 197 of the Act; and
                (f)    that the prohibition of the operation or supply, or possession for the purpose of operation or supply, of a RNSS jamming device will:
                          (i)    ensure the reliability and quality of RNSS radiocommunications by minimising the potential for interference; and
                         (ii)    increase the awareness of the public and of suppliers of RNSS jamming devices, potentially minimising the need for regulatory action in relation to RNSS jamming devices.