New arrangements for the banned equipment and exemptions framework - consultation 23/2022

The ACMA has concluded its review of the banned equipment and exemptions framework under the Radiocommunications Act 1992.

We initiated the review in mid-2020, by seeking views on the overall framework design and our administrative approach.

Since then, we have implemented several reforms, while simultaneously conducting a first-principles review of the framework.

We have:

• streamlined arrangements for correctional facilities using mobile phone jamming technologies
• amended banned equipment regulations to facilitate the development of trials of GPS retransmission technologies
• consulted on and implemented the new innovation and industry development exemption framework, and approved 3 applications to access it
• implemented regulatory arrangements to facilitate law enforcement use of counter-drone equipment.

On 9 March 2023, the ACMA concluded the review by making the final tranche of legislative instruments, and also approved administrative arrangements to support its decision-making and assist stakeholders.

The Radiocommunications (Jamming Equipment) Permanent Ban 2023 replaces and updates the previous permanent bans on mobile phone and GPS jamming equipment, and also bans wi-fi and drone jamming equipment. We consulted on 3 separate permanent bans in July and August 2022. We formed the view that it is preferable to have all relevant provisions related to banned equipment contained in a single instrument.

The permanent ban continues to ensure that access to, and use of, jamming equipment designed to adversely affect mobile phone services and GPS, remains illegal. It also ensures that equipment designed to adversely affect wi-fi devices and drones is banned.

Equipment subject to the ban will continue to be a prohibited import under the customs regulatory framework.

Changes to the scope of the bans on mobile phone and GPS jamming equipment will enable a range of publicly beneficial GPS transmission and retransmission technologies to be considered for licensing by the ACMA. It also means that the permanent bans will be less likely to apply to legitimate communications devices that may be considered for licensing by the ACMA in the future.

Read more about banned equipment.

The finalised Radiocommunications (Exemption – Bomb Disposal Electronic Counter Measures) Determination 2023, Radiocommunications (Exemption - Visiting Dignitaries) Determination 2023, and the Radiocommunications (Exemptions) Amendment Determination 2023 (No. 1) are not substantially different from the drafts on which views were sought over the July–August 2022 consultation.

The exemptions provide continuity for law enforcement operations involving electronic counter measures (ECM) to deal with improvised explosive devices and facilitate use of ECM capability to support security operations for visiting dignitaries. They also provide minor updates to terminology across other instruments in the framework.

Stakeholders and users are encouraged to read the ACMA’s Use of banned equipment under the Radiocommunications Act 1992 by law enforcement and related persons, which helps exempted persons and stakeholders navigate the exemption regime.

Submissions and our response

The ACMA received several submissions to its consultation in July–August 2022, which sought views on draft instruments and the framework’s overall administration. Submissions that were not submitted on a commercial-in-confidence basis are published below.

We also held workshops with various stakeholders over the course of review, and engaged with exemption holders and other interested parties. We greatly benefited from these consultations and insights shared by stakeholders.

We have also provided a detailed response to submissions received to the consultation.

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Response to submissions: Review of banned equipment and exemptions framework

Next steps

We will engage with relevant stakeholders on the implementation of exemption arrangements.

Licensing of a broader range of GPS retransmission devices is a major outcome of the review.

To transition to permanent licensing for this equipment, we will consider which parts of the radiocommunications framework need to be updated.

We expect to consult on draft regulatory arrangements for this permanent licensing – including licensing type, technical conditions and pricing – in early 2024.

Assigned scientific licences are available for trials of GPS technologies in road tunnels, on a case-by-case basis in the intervening period.

On 21 September 2022, we made the Radiocommunications (Exemption – Remotely Piloted Aircraft Disruption) Determination 2022 (the exemption).

The exemption repeals and replaces the Radiocommunications (Police Forces – Disruption of Unmanned Aircraft) Exemption Determination 2020. This was due to expire on 10 October 2022.

Making the exemption was a priority. It ensures Australian police can continue to access counter-drone equipment to provide safety and security.

We received a number of submissions from stakeholders who offered views on exemption’s scope and operation.

We carefully considered stakeholder views, in particular about accountability measures within the instrument.

We consider that the record-keeping requirements contained within the instrument provide good accountability. This will allow us to verify any reports of interference against records of device operation by police.  

Overall, the ACMA noted that the previous exemption had performed well since 2020. The new exemption essentially recreates those arrangements.

We also noted that the Commonwealth is undertaking various initiatives to facilitate and regulate the use of drones in Australia. This includes managing the public safety and security risks of drones through security and enforcement policies.

It is possible that future legislative amendments that support these initiatives will provide a legislative basis to manage the risks that drones could pose to public safety and national security. However, under the current legislative framework, the exemption is required to ensure that access to, and use of, counter-drone equipment by Australian police is exempt under the Radiocommunications Act 1992.

Further information about the exemption, and the ACMA’s consideration of submissions and other relevant matters, is detailed in the explanatory statement.

Next steps

We will continue to consider submissions on specific instruments and the broader review of the banned equipment and exemptions framework. In early 2023, we will publish submissions received to this consultation, and a response to the submissions.

The banned equipment and exemptions framework under the Radiocommunications Act 1992 involves us placing permanent bans on jamming devices and using our exemption powers to promote safety, security and law enforcement.

In May 2020, we started a review of the framework. Since then, we have:

• relaxed laws that apply to certain GPS repeaters
• made the innovation and industry development exemption framework.

To complete the review, we want your views on new regulatory arrangements for banned equipment and new exemption determinations.