Quick links: devices, interference, infrastructure

Make sure you buy a product that works and doesn’t land you in trouble. Learn how to spot a dodgy device.

Penalties for buying, selling or having illegal equipment can include large fines and jail. Find out the rules and alternative options.

Repeaters can sometimes help with coverage issues but they must be authorised by your mobile phone carrier. Find out which repeaters are authorised.

Some devices made overseas won’t meet Australian standards and may need a licence for operation. Follow these steps before you buy.

If you are aware of anyone having or using illegal equipment, or you see someone selling it online, please report it to us. Using illegal equipment can have life-threatening consequences.

If you supply an electrical product into Australia for sale, follow our 5 steps for suppliers so you don’t break the law.

Contraventions of the Radiocommunications Act 1992 and/or the Telecommunications Act 1997 are serious.

Some contraventions are civil and can result in financial penalties. Some contraventions are criminal and can result in jail time and/or fines.

Fines are imposed by the courts in criminal and civil proceedings and are calculated by multiplying the value of one penalty unit by the number of units for the contravention.

Failure to follow the rules may lead to the ACMA taking compliance action against you in line with our compliance and enforcement policy.

This action can result in you facing significant penalties, as outlined below.

The value of a penalty unit is prescribed by the Crimes Act 1914 and is currently $330.

Below are some contraventions and penalties that could apply:

The Australian Radiation Protection and Nuclear Safety Agency (ARPANSA) sets limits for exposure to EME. These limits are based on extensive scientific analysis and are designed to protect people, so they are set well below levels that are known to cause harm. We regulate communications equipment and devices that emit EME to make sure emissions meet ARPANSA safety standards.

What you need to know about EME, 5G and the safety of mobile networks.

We set rules on how radiocommunications devices and transmitters must function to keep electromagnetic energy (EME) at safe levels. 

Our EME Checker lets you find out EME measurements from towers we’ve tested. You can also check how the EME measured compares with the telco’s predicted maximum EME levels.

If the ACMA suspects that you are supplying, possess or operating a device that is illegal or non-compliant, the ACMA may send an Inspector to your residence to take possession of this device.

The ACMA may attempt to contact you prior to an Inspector attending your residence.

The Inspector will show their identification and outline the reason for the visit.

The Inspector’s objective is to ensure that the device is no longer being operated and/or supplied to consumers, and in turn mitigate any risks that the device may cause.

Inspectors have a range of powers to enforce compliance with the Radiocommunications Act 1992 and the Telecommunications Act 1997 including, but not limited to:

• Give an advice notice or warning notice under the Radiocommunications Act or the Telecommunications Act
• Give a written direction under s 284F of the Radiocommunications Act
• Enter premises and adjust transmitters in emergencies under s 284KA of the Radiocommunications Act
• Require a person to produce certain records under s 284J(1), s 284J(2) and (3), s 284J(4) of the Radiocommunications Act
• Enter premises (by permission of the occupier or under a warrant)
• Give a voluntary forfeiture notice under s 280 of the Radiocommunications Act

Failure to co-operate in surrendering a non-compliant or illegal device may result in escalated compliance action being taken, including hefty penalties. Our compliance and enforcement approach is set out in the ACMA’s Compliance and Enforcement policy.

I’ve seen ACMA staff undertaking EME measurements, what is that about?

Mobile phone networks and wireless devices like remote controls, smart TVs, wi-fi routers and laptops use low-level radio waves to send and receive information. Radiofrequency (RF) electromagnetic energy, known as EME, is a product of these radio signals.

The Australian Radiation Protection and Nuclear Safety Agency (ARPANSA) sets limits for exposure to EME. These limits are based on extensive scientific analysis and are designed to protect people, so they are set well below levels that are known to cause harm.

The ACMA is responsible for ensuring communications equipment and devices comply with the EME standard limit set by ARPANSA. We make sure people, equipment and certain devices like mobile phones, modems and remote controls comply with safe EME limits.

The ACMA undertakes a range of compliance activities in relation to EME health and safety including site audits and measurement studies. The public can view the EME measurement data the ACMA collects on our website at EME Checker.

We aim to measure EME at 130 telecommunications base station sites around the country each year.

If you see us in the field, don’t worry, we’re out and about with some sophisticated measurement equipment collecting data and confirming that communications facilities are complying with the safety standard.

If the ACMA suspects that you are supplying, possessing or operating a device that is non-compliant or illegal, the ACMA will get in contact with you.

The ACMA’s objective in contacting you is to ensure that the device is no longer supplied or operated and in turn mitigate any risks that the device may cause to Australia’s communications.

I’ve received a letter or email from the ACMA

If you are supplying, operating or have an illegal device, the ACMA may ask you to give reasons why compliance action should not be taken against you for a suspected contravention of the Radiocommunications Act 1992.

The ACMA could also give you with a letter asking you to contact the ACMA to arrange to either destroy it and provide evidence of this destruction or forfeit the device directly to the ACMA.

If you are asked to voluntarily forfeit or destroy the device and you comply with this request, the ACMA’s compliance action will stop there.

I’ve been visited by an ACMA Inspector

The ACMA may send an ACMA Inspector to your property to talk to you about a non-compliant or illegal device. The ACMA Inspector will show you their ID and state the purpose for their visit.

Failure to co-operate may result in compliance action being taken to formally seize the non-compliant or illegal device with penalties applied.

Under section 278 of the Radiocommunications Act 1992, if you have co-operated with the request from the ACMA and have complied with a forfeiture notice by forfeiting a non-compliant or illegal radiocommunications device, you will not face any further consequences for possession of that device.

However, a failure to co-operate with requests under the forfeiture notice may result in compliance action being taken and penalties being applied. If you obtain any new non-compliant or illegal radiocommunications devices, the ACMA may take further compliance action in relation to any new devices, and hefty penalties may apply.

Application to vary a forfeiture notice

Under section 276 of the Radiocommunications Act 1992, the recipient of a forfeiture notice can apply for an extension of time to agree to the forfeiture of the device to the Commonwealth.

This application must be made within 28 days of receipt of the forfeiture notice.

This request should be directed to the designated forfeiture officer who gave the forfeiture notice.

Application to withdraw a forfeiture notice

Under section 277 of the Radiocommunications Act 1992, if you have been given a forfeiture notice and have not forfeited the device to which the notice relates to, you can make a written request within 28 days of receiving the forfeiture notice to have the forfeiture notice withdrawn. 

This request should be directed to the designated forfeiture officer who gave the forfeiture notice.

If a notice is withdrawn by the ACMA, the ACMA may choose to still take compliance action for any alleged contraventions.

The AgTech market in Australia is expanding at a rapid rate. Our compliance priority work has shown that parts of the sector have a limited awareness of the ACMA and the regulations around agricultural technology. These regulations can span from spectrum planning, licencing to device compliance.

We are getting out to AgTech events to answer questions and check out the latest equipment coming into the field.

In 2024, we hosted an exhibit at the FutureAg Expo in Melbourne, which gave us a great opportunity to engage with the sector and aspiring agriculture students.

The lowdown

• When setting up AgTech equipment, make sure you follow manufacturers’ instructions and comply with any relevant laws, including but not limited to the Telecommunications Act 1997 and the Radiocommunications Act 1992.
• The radiocommunications equipment you purchase, or sell, should have either:
  • the Regulatory Compliance Mark (RCM) symbol; or
  • a QR code, or similar thing, with a relevant link to information on a website that displays the RCM prominently.
• Ask a supplier of radiocommunications equipment if it is designed to work in Australia. and has an RCM. You can find out more here: Step 5: label your product. If you can’t confirm that it has the RCM or it does not require one – don’t buy it!

Carriers are allowed to enter onto land for certain activities, such as the inspection, installation and maintenance of low-impact telecommunications facilities. Carriers can use their powers to access land or negotiate land access directly with landowners, without seeking state, territory or local government planning approval.

For a facility to be a low-impact facility, it must meet the conditions of the schedule within the Telecommunications (Low-impact Facilities) Determination 2018. They include underground cabling such as optical fibre, as well as small antennas and radiocommunications dishes erected on existing towers or buildings.

The ACMA does not authorise low-impact facility installations, nor does it assess installations to determine whether they are low-impact. That is a role for local government through its planning function.

Giving notice to the owner or occupier of land

A carrier must give written notice to a landowner or occupier that it intends to utilise its powers and immunities under the Telecommunications Act 1997 to gain access to a property and conduct activities. The notice must be issued to the landowner or occupier at least 10 business days before the carrier begins the activity. These rules, and any allowable exemptions, are at clause 17 of Schedule 3 to the Telecommunications Act 1997, and covered at Part 5 of the Telecommunications Code of Practice 2021.

Your rights as a landowner or occupier

As a landowner or occupier, you have the rights to object to a carrier entering onto your land. This right to object should be clearly stated on the notice and should provide you with contact details as to who you can forward your objection to.

As a landowner or occupier, you must have reasonable grounds to object to the proposed activity. A list of reasonable grounds for objection is specified in Part 5, Division 4 of the Telecommunications Code of Practice 2021.

After lodging your objection with the carrier, the carrier may work to negotiate a solution with you. Should a solution not be able to be achieved, the carrier will be required to escalate the objection to the Telecommunications Industry Ombudsman (TIO) for a resolution.

The TIO

As well as attempting to achieve a resolution between the landowner or occupier and the carrier, the TIO can also provide you with some guidelines in relation to your rights and the obligations of the carrier under the powers and immunities. The TIO has guidelines on land access on its website.

Council land

If a carrier is accessing council land (such as a nature strip or local park), the written notice will be sent to the council, and the council is the entity able to raise an objection with the carrier.

If the works are likely to directly impact, you (e.g. the works being done in front of your home impacting your accessibility) you may receive notification from the carrier regarding these works. However, this is not a requirement under the legislation.

If you have concerns about works on council land, including rectification of any damage related to these works, you can contact your council to seek advice and share your concerns

Roads, bridges and utilities

If a carrier is planning to engage in certain activities that will affect roads, bridges and utilities, such as closing, diverting or narrowing a road or bridge, or altering the position of a water, sewerage, gas main or electricity cable, the carrier must give written notice to the person or authority responsible for the facility at least 10 business days before engaging in the activities.

These rules, and any allowable exemptions, are outlined at clause 19 of Schedule 3 to the Telecommunications Act 1997.

Further information

You can read more about the rules for carriers to assess property.

You can also read more about the powers and immunities framework on the website of the Department of Infrastructure, Transport, Regional Development, Communications and the Arts.

Find out rules that telcos must follow including communicating with property owners, nearby residents and councils.

Understand the role that local councils and telcos play in network facilities.

You may have trouble receiving radio because of faulty radio equipment or interference or poor coverage if you listen to digital radio. Follow these steps to fix your radio reception.

Troubles with your TV could be because of reception issues or interference. Check these common problems and suggested fixes.

Find out causes of interference to mobile phone networks and how you can get the best reception.

Interference to radiocommunications networks can be caused by many different devices, but these devices don’t always start off causing interference.

Devices, including devices which carry a Regulatory Compliance Mark (RCM) can breakdown over time and may cause interference to radiocommunications networks.

Common types of appliances that can cause interference when overdue for repair include:

• Electric Motor Appliances – Washing Machines, swimming pool pumps and power tools
• Thermostat-controlled Appliances – Hot water systems, waterbed heaters, refrigerators
• Other Appliances – LED lights, power boards, power supplies/plug packs, light switches, solar inverters, electric fences and pool chlorinators.

If you are experiencing interference, you can take some steps to test if faulty equipment could be the cause:

1. Turn off the appliance at the power point.
2. If the reception improves, turn the appliance back on again and check if interference comes back.
3. If the reception does not improve, repeat for other appliances.

It’s important to remember that it is your responsibility to ensure that your appliances are installed and maintained as per the manufacturer’s requirements. This might mean that appliances may need to be periodically serviced or replaced at end of life so that your devices are always in good working order.

Devices such as garage door openers and personal alarms operate on shared frequencies. Learn about the rules and standards to reduce the risk of interference.

Are you experiencing interference to a licensed radiocommunications service? You can report this interference to us.

If you get interference when you’re operating a device under a spectrum licence, there are steps you can take.

Developers are required to have functional fibre-ready facilities installed in new development projects before they are sold or leased. The rules are outlined at Part 20A of the Telecommunications Act 1997.

A new development includes the subdivision and development of land for further sale or lease. A ‘developer’ may be an individual, families, partnerships or large corporations.

The Australian Government’s Telecommunications in new development (TIND) policy provides guidance for developers, property buyers, occupants and telecommunications carriers about the rules.

Buying into a new development?

Check before you sign

• It is important to confirm what telecommunications work has been done before buying a new development. Ask the developer or real estate agent about the telecommunications infrastructure that is being provided, including whether the developer has already installed functional, fibre ready infrastructure before offering the property for sale or lease.
• If they haven’t, you can ask if they have been granted an exemption and/or make your own enquiries with the Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts.
• Installation of infrastructure must meet specific network design requirements (usually specified by NBN), and the developer should absorb the cost of this installation.
• You can check the ACMA’s statutory infrastructure provider (SIP) register to see if it lists your development and the telecommunications network provider which is servicing it.
• You can also contact NBN for further information about infrastructure related to the development.

What if I have already signed on the dotted line?

If you have already purchased or leased a new development and you are concerned that the property does not have the required fibre-ready facilities installed, or the installation does not appear to meet the required network design requirements, as a first step, you can contact NBN to see if your property is registered with them and has met the required network standards to be functional.

You can also check it the property has been granted an exemption and/or make your own enquiries with the Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts.

If the development is not exempt from the requirements of Part 20A of the Telecommunications Act and that the developer appears to have failed to meet their obligations in installing functional fibre-ready facilities, you can contact the ACMA via our Complaints page for help.

The ACMA does not assess claims for compensation against the developer, nor pursue compensation for purchasers. Instead, you should seek independent legal advice.

I have fibre-ready infrastructure installed but network coverage at my new development is poor, what do I do?

If you have the required infrastructure installed at your new property but you are finding that network coverage is poor, the first step is to contact your network service provider. Your network service provider can conduct an assessment to determine what is impacting your network coverage and will be best placed to provide you solutions to the problem.

Selling a new development?

Check your obligations under 20A

Under Part 20A of the Telecommunications Act 1997 developers must have functional fibre-ready facilities installed in new development projects before they are sold. A functional fibre-ready facility is a facility that is technically capable of being used in connection with an optical fibre line.

Part 20A of the Telecommunications Act includes real estate development projects which involve making lots available for sale or lease, where building units are expected to be constructed at a later date, as well as the construction of new premises.

The expectation is that connectivity will have a similar level of importance as other utilities such as water, electricity and sewage when it comes to the development process.

The Australian Government’s Telecommunications in new development (TIND) provides guidance for developers, property buyers, occupants and telecommunications carriers.

Exemptions to pit and pipe requirements for developers

Developers may be exempt from the requirements under Part 20A if one of the following conditions apply to the new development:

• No part of the project area is located inside the fixed-line network region of a relevant Statutory Infrastructure Providers (SIP).
• A relevant SIP has provided written notice to the person responsible for the development that the SIP will not install a fixed-line network inside the project area.
• There is no new underground utility infrastructure installed or planned to be installed in proximity to each building lot situated in the project area, as part of the project or as headworks to service the project.
• Rural and remote areas in which telecommunications would generally be offered by a wireless or satellite service, and pit and pipe infrastructure is therefore unnecessary. Further information regarding exemptions can be found on the website of the Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts.

Useful links

Whether you are buying or selling a new development, below are additional resources regarding fibre-ready pit and pipe requirements which you may find useful.

• Telecommunications in new developments—a guide for consumers
• Telecommunications in new developments—a guide for industry
• Telecommunications in new developments (TIND) policy
• Australian Government Telecommunications in new developments policy
• Pit and pipe (NBN)
• New Developments - Deployment of the nbn Pit and Conduit Network
• Industry Guideline – G645:2017 – Fibre-ready pit and pipe specification for real estate development projects
• Industry Code – C524:2013 – External Telecommunication Cable Network
• Telecommunications (Fibre-ready Facilities – Exempt Real Estate Development Projects) Instrument 2023