Document ID: chunk:federal_register_of_legislation:F2023C00367:reg:10:p2
Version: federal_register_of_legislation:F2023C00367
Segment Type: reg
Provision Reference: reg 10 (pt 2/3)
Character Range: 12153–15028

is capable of being operated;
 (c)  a test report in relation to the device at the facility that complies with subsection (9).
 (8) If the act or omission relates to the use or operation of a PMTS jamming device, the use or operation of the device:
 (a) must be for the sole purpose of causing harmful interference to radiocommunications on designated frequencies within a relevant facility;
 (b) if the use or operation of the device causes harmful interference – must cause harmful interference only to radiocommunications on base transmit frequencies within a relevant facility;
 (c) must not cause radio emissions with a power spectral density greater than - 128.5 dBm/kHz on non-designated frequencies outside of a relevant facility; and
 (d) must comply with Part 3 of the Radiocommunications Licence Conditions (Apparatus Licence) Determination 2015 as if the PMTS jamming device were a radiocommunications transmitter operated under an apparatus licence to which that Part applies.
Note: The Radiocommunications Licence Conditions (Apparatus Licence) Determination 2015 is available, free of charge, from the Federal Register of Legislation at www.legislation.gov.au.
 (9) For the purposes of paragraphs (7)(c) and 12(1)(c), a test report in relation to a PMTS jamming device at a relevant facility must contain such information as to allow a person to assess whether the circumstances set out in subsection (8) would exist if the device were used or operated within a relevant facility.

Note: The Radiocommunications (Testing and Field Trial by Corrective Services NSW of PMTS Jamming Devices at Goulburn Correctional Complex) Exemption Determination 2016, which has been repealed by this instrument, is available, free of charge, from the Federal Register of Legislation at www.legislation.gov.au.

11 Notice – PMTS jamming device not to be used or operated
 (1) For the purposes of subsection 10(5), an authorised person may give Corrective Services NSW a written notice that a PMTS jamming device must not be used at a location specified in the notice, during a period specified in the notice.
Note: See subsection 27(2A) of the Act.
 (2) The notice must specify a location that is, or is within, a relevant facility.
 (3) An authorised person may, by written notice given to Corrective Services NSW, withdraw a notice given under subsection (1).
 (4) The ACMA must publish on its website a copy of:
 (a) each notice given under subsection (1);
 (b) each notice given under subsection (3).
          Note:         The website of the ACMA is found at www.acma.gov.au

12 Request – information about PMTS jamming device
 (1) An authorised person may request, in writing, that Corrective Services NSW provide some or all of the following information in relation to each PMTS jamming device used, operated or possessed by Corrective Services NSW or CSNSW staff:
 (a)