Commonwealth Numbered Regulations - Explanatory Statements

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RADIOCOMMUNICATIONS (PROHIBITED DEVICE) (RNSS JAMMING DEVICES) DECLARATION 2004 2004 NO. 282

Legislative Provisions

Under section 190 of the Radiocommunications Act 1992 (the Act), the Australian Communications Authority (ACA) may, by notice published in one or more newspapers circulating generally in the capital city of each State or Territory, declare that operation or supply, or possession for the purpose of operation or supply, of a specified device to be prohibited for the reasons set out in the notice.

Section 189 of the Act provides penalties for the operation or supply, or possession for the purpose of operation or supply, of devices for which a declaration is in force under section 190.

A declaration made under section 190 is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. A declaration made under section 190 is taken to be a statutory rule within the meaning of the Statutory Rules Publication Act 1903.

Purpose

The Radiocommunications (Prohibited Device) (RNSS Jamming Devices) Declaration 2004 makes it an offence to operate or supply, or possess for the purpose of operation or supply, an RNSS jamming device.

Background

The Radionavigation-Satellite Service (RNSS), also known as the Global Navigation Satellite System (GNSS), is a worldwide position, velocity and time determination system that involves the use of satellites, as well as supporting infrastructure on the ground. The RNSS includes the Global Positioning System (GPS), which is operated by the United States Department of Defense, as well as the Russian GLONASS and the European Union's planned GALILEO system. The GPS is the system that is predominantly used in Australia. It is used for a wide range of military and civilian applications. These include Australia's air traffic management system, in-car navigation, as well as maritime navigation, agricultural machine guidance and yield monitoring, land surveying, natural resource management, asset management, Intelligent Transport Systems, mining and emergency services. The GPS is also used for timing determination for communications, banking, commerce, manufacturing and the Internet.

The Australian GNSS Coordination Committee (AGCC) is a committee established by Deputy Prime Minister and Minister for Transport and Regional Services, the Hon John Anderson MP to consider and develop mechanisms to coordinate all land, sea and air aspects of GNSS, promote the safe and effective utilisation and development of GNSS in Australia, and coordinate national security issues, the application of augmentation systems, and the national use of GNSS in other relevant applications. In December 2001 the AGCC requested that devices that jam RNSS signals be declared prohibited devices under section 190 of the Act. The devices are designed to deliberately interfere with RNSS reception through the emission of radiofrequency energy. The devices are relatively easy and inexpensive to make and can be purchased from overseas.

Under the Act, the ACA's spectrum management responsibilities are to facilitate access to the radiofrequency spectrum for all forms of radiocommunications. These responsibilities include provisions relating to minimising interference to radiocommunications.

There are already provisions in the Act to enable prosecution of a person who operates, or possesses for the purpose of operation, a jamming device. While these provisions are available to deal with use and possession of jammers they do not directly address their supply. The prohibition declaration makes it an offence to operate or supply, or possess for the purpose of operation or supply, a RNSS jamming device. A RNSS jamming device is defined as 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.

The ACA considers it desirable to make this prohibition in order to protect RNSS, given the wide range of important applications which use the systems. The prohibition will assist in enforcement as the ACA can take action against suppliers and manufacturers.

The ACA has sought comment from the public on the prohibition declaration as required by section 191 of the Act. There was widespread support for the proposal during this consultation.

The Office of Regulation Review (ORR) has advised that a Regulation Impact Statement is not required as there is no direct or significant indirect effect on business (ORR reference: 5531).

As mentioned above, section 190 of the Act provides that the ACA may declare a specified device to be prohibited by notice published in one or more newspapers circulating generally in the capital city of each State and Territory. Section 2 of this instrument provides that it commences on the date of its notification in the Gazette. Thus, a newspaper notice was published on the Saturday prior to the gazettal of this instrument.

Details of the RNSS Jammer prohibition are in attachment 1.

ATTACHMENT 1

Section 1        Name of Declaration

Section 1 provides the citation of the Declaration.

Section 2        Commencement

Section 2 provides for the commencement of the Declaration.

Section 3        Definitions

Section 3 sets out definitions of terms referred to in the Declaration.

Section 4        Prohibition relating to RNSS jamming device

Section 4 provides for the prohibition of RNSS jamming devices.

Section 5        Reasons for prohibition

Section 5 sets out the reasons for prohibiting RNSS jamming devices as required by subsection 190 (1) of the Act.