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Innovation and industry development exemptions for banned equipment - consultation 21/2021

We are consulting on a draft exemption framework that will facilitate and promote domestic research, development and manufacturing opportunities involving jamming equipment that is otherwise banned under Australia’s radiocommunications laws.  

Status
Open
Consultation number
IFC 21/2021
Closing in 18 days (30 June 2021)
In progress

Key documents

The issue

On 17 June 2021, changes to the Radiocommunications Act 1992 will allow the ACMA to make a new type of exemption for the possession, use and supply of ‘banned equipment’ (currently referred to as ‘prohibited devices’ under the Act).

The kinds of equipment currently banned are commonly known as jamming devices or ‘jammers’. These devices are typically designed to cause interference to (or jam) radiocommunications.

The new exemption power is intended to support innovation and industry development opportunities in Australia.

We are consulting on a proposed decision-making framework for approving innovation and industry development exemptions. This framework is a flexible, permit-like system with a standard set of conditions. The conditions are directed towards confining emissions from banned equipment, keeping records and managing the risks associated with human exposure to electromagnetic energy.

Have your say

We invite comments on the issues set out in this paper:

  1. Are there any other policy or strategic outcomes that could be facilitated by innovation and industry development exemptions?
  2. Are there any other activities that could be facilitated by innovation and industry development exemptions?
  3. Is there other relevant policy or regulation that we should take into consideration?
  4. Does the framework achieve our proposed objectives?
  5. Are the proposed standard conditions in the draft Radiocommunications (Exemption) Determination 2021 appropriate?
  6. Should those seeking to supply banned equipment to overseas entities be required to seek the views of the Department of Defence before applying to the ACMA for a notifiable instrument to name them under the exemption determination?

We also welcome comments from interested stakeholders on the:

  • risks associated with operating banned equipment
  • types of persons that have a legitimate need to access banned equipment
  • broader strategic and policy environment that intersects with banned equipment.

Publication of submissions

Read about the ACMA’s policy regarding the publication of submissions

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