Radiocommunications (Jamming Equipment) Permanent Ban 2023 (Cth)

Radiocommunications (Jamming Equipment) Permanent Ban 2023

The Australian Communications and Media Authority makes the following permanent ban under subsection 172(1) and section 174 of the Radiocommunications Act 1992.

Dated: 9 March 2023 James Cameron [signed] Member

Cathy Rainsford [signed] Member/General Manager

Australian Communications and Media Authority

1 Name This is the Radiocommunications (Jamming Equipment) Permanent Ban 2023.

2 Commencement This instrument commences at the start of the day after the day it is registered on the Federal Register of Legislation.

Note: The Federal Register of Legislation is available, free of charge, at www.legislation.gov.au.

3 Authority This instrument is made under subsection 172(1) and section 174 of the Act.

4 Revocation (1) The Radiocommunications (Prohibition of PMTS Jamming Devices) Declaration 2011 [F2011L00346] is revoked with effect on the day this instrument commences. (2) The Radiocommunications (Prohibited Device) (RNSS Jamming Devices) Declaration 2014 [F2014L01776] is revoked with effect on the day this instrument commences. Note 1: See item 49 of Schedule 4 to the Radiocommunications Legislation Amendment (Reform and Modernisation) Act 2020. Note 2: See section 174 of the Act.

5 Interpretation (1) In this instrument, unless the contrary intention appears: Act means the Radiocommunications Act 1992. communications has the meaning given by section 7 of the Telecommunications Act 1997. industrial, scientific, medical or domestic application means the operation of a device to generate, and apply locally, electromagnetic energy: (a) for industrial, scientific, medical, domestic or similar purposes; and (b) not for the purpose of radiocommunications. Examples: The following things may be used in an industrial, scientific, medical or domestic application: (a) plastic welders; (b) chemical analysis equipment; (c) medical diathermy equipment; (d) microwave ovens. LIPD class licence means: (a) the Radiocommunications (Low Interference Potential Devices) Class Licence 2015; or (b) if another class licence replaces that instrument – the other class licence. mobile station has the meaning (if any) given by: (a) the Radiocommunications (Interpretation) Determination 2015; or (b) if another determination is made under subsection 64(1) of the Australian Communications and Media Authority Act 2005 to replace that instrument – the other determination. PMTS frequency band means a frequency band used for the supply of a public mobile telecommunications service. PMTS jamming equipment: see section 6. public mobile telecommunications service has the meaning given by subsection 32(1) of the Telecommunications Act 1997. radionavigation-satellite service has the meaning given by the spectrum plan. RLAN and RPAS frequency bands means the following frequency bands: (a) 433.05 MHz to 434.79 MHz; (b) 915 MHz to 928 MHz; (c) 2400 MHz to 2483.5 MHz; (d) 5150 MHz to 5350 MHz; (e) 5470 MHz to 5600 MHz; (f) 5650 MHz to 5875 MHz; (g) 5925 MHz to 6425 MHz. RLAN and RPAS jamming equipment: see section 7. RLAN device means a radiocommunications device: (a) that is capable of operating on a frequency within an RLAN and RPAS frequency band (whether or not it is capable of operating on another frequency); and (b) the operation of which is authorised by the LIPD class licence; and (c) that is used for the purposes of a radio local area network. Note: RLAN stands for radio local area network. RNSS frequency band means a frequency band for which the spectrum plan specifies the purpose of radionavigation-satellite services. RNSS jamming equipment: see section 8. RNSS receiver means a radiocommunications receiver that receives radiocommunications using an RNSS frequency band. RNSS transmitter means a radiocommunications transmitter that transmits radiocommunications using an RNSS frequency band. RPA means a remotely piloted aircraft. Note: A remotely piloted aircraft is commonly referred to as a drone. RPAS means a remotely piloted aircraft system that includes an RPA, the ground-based controller for the RPA, and the system of communications between the RPA and the controller. RPAS device means a radiocommunications device: (a) that is capable of operating on a frequency within an RLAN and RPAS frequency band (whether or not it is capable of operating on another frequency); and (b) that is operated for the purpose of controlling an RPA or in the course of using a RPAS. two-way communication equipment means equipment the principal purpose of which is the carriage of communications both: (a) from a person or thing to one or more other persons or things; and (b) from one or more of the other persons or things to the first-named person or thing in paragraph (a). Note: A number of other expressions used in this instrument are defined in the Act, including the following: (a) device; (b) equipment; (c) frequency band; (d) operate; (e) radiocommunication; (f) radiocommunications device; (g) radiocommunications receiver; (h) radiocommunications transmitter; (i) radio emission; (j) spectrum plan. (2) In this instrument, a reference to a frequency band includes all frequencies that are greater than but not including the lower frequency, up to and including the higher frequency. Note: This means the lower number in the reference to a frequency band is not included in the frequency band.