{"id":"F2021L01177","name":"Telecommunications (Prohibition of Mobile Phone Boosters) Declaration 2021","slug":"telecommunications-prohibition-of-mobile-phone-boosters-declaration-2021","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":102046,"registerId":"commonwealth-F2021L01177-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n This is the Telecommunications (Prohibition of Mobile Phone Boosters) Declaration 2021.","sortOrder":0},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n This instrument is made under subsection 450(1) of the Telecommunications Act 1997.","sortOrder":1},{"sectionNumber":"5","sectionType":"section","heading":"Definitions","content":"#### 5 Definitions\n\n In this instrument:\n\n> Act means the Telecommunications Act 1997.\n\nbase station means a station that is part of a telecommunications network by means of which a public mobile telecommunications service is supplied.\n\ncellular mobile repeater means a radiocommunications device that draws power from a power source and that, operating as a single radiocommunications device or as part of a system of radiocommunications devices, is able to:\n\n(a) receive a radio emission from a base station and retransmit the radio emission (or transmit a replica of the radio emission) to:\n\n(i) another base station; or\n\n(ii) a mobile station that is used to access a public mobile telecommunications service; or\n\n(b) receive a radio emission from a mobile station that is used to access a public mobile telecommunications service and retransmit the radio emission (or transmit a replica of the radio emission) to:\n\n(i) a base station; or.\n\n(ii) another mobile station that is used to access a public mobile telecommunications service.\n\nfrequency band has the same meaning as in the Radiocommunications Act 1992.\n\nmobile phone booster has the meaning given by section 6.\n\n> mobile station has the meaning given by:\n\n (a) the Radiocommunications (Interpretation) Determination 2025; or\n (b) if a later instrument replaces that determination – the later instrument.\n\n> Note: The Radiocommunications (Interpretation) Determination 2025 is a legislative instrument and is available, free of charge, from the Federal Register of Legislation at www.legislation.gov.au.\n\nradiocommunications device has the same meaning as in the Radiocommunications Act 1992.\n\nradiocommunications receiver has the same meaning as in the Radiocommunications Act 1992.\n\nradiocommunications transmitter has the same meaning as in the Radiocommunications Act 1992.\n\nradio emission has the same meaning as in the Radiocommunications Act 1992.\n\n> station has the meaning given by:\n\n (a) the Radiocommunications (Interpretation) Determination 2025; or\n (b) if a later instrument replaces that determination – the later instrument.\n\n> Note 1: The Radiocommunications (Interpretation) Determination 2025 is a legislative instrument and is available, free of charge, from the Federal Register of Legislation at www.legislation.gov.au.\n\n> Note 2: A number of other expressions used in this instrument are defined in the Act, including the following:\n\n> Note: (a) customer equipment;\n\n> Note: (b) public mobile telecommunications service;\n\n> Note: (c) telecommunications network.","sortOrder":2},{"sectionNumber":"6","sectionType":"section","heading":"Meaning of mobile phone booster","content":"#### 6 Meaning of mobile phone booster\n\n For the purposes of this instrument, mobile phone booster means customer equipment that:\n\n(a) connects, by means of physical contact, with a mobile station;\n\n(b) transmits radio emissions to, and receives radio emissions from, a base station;\n\n(c) amplifies radio emissions transmitted to the base station;\n\n(d) draws power from a power source;\n\n(e) operates within one or more frequency bands used for the supply of a public mobile telecommunications service; and\n\n(f) is not of a kind described in subsection (2).\n\n The term mobile phone booster does not include:\n\n customer equipment that is manufactured in Australia solely for the purpose of being exported; or\n for the avoidance of doubt, a cellular mobile repeater.","sortOrder":3},{"sectionNumber":"7","sectionType":"section","heading":"References to other instruments","content":"#### 7 References to other instruments\n\n In this instrument, unless the contrary intention appears, a reference to any other legislative instrument is a reference to that other legislative instrument as in force from time to time.\n\n> Note 1: For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.\n\n> Note 2: All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.\n\n8 Prohibition of mobile phone boosters\n\nThe operation or supply of a mobile phone booster, or the possession of a mobile phone booster for the purpose of its operation or supply, is prohibited for the reasons set out in Schedule 1.","sortOrder":4},{"sectionNumber":"Endnotes","sectionType":"section","heading":"Endnotes","content":"#### Endnotes\n\nEndnote 1—About the endnotes\n\nThe endnotes provide information about this compilation and the compiled law.\n\nThe following endnotes are included in every compilation:\n\nEndnote 1—About the endnotes\n\nEndnote 2—Abbreviation key\n\nEndnote 3—Legislation history\n\nEndnote 4—Amendment history\n\nAbbreviation key—Endnote 2\n\nThe abbreviation key sets out abbreviations that may be used in the endnotes.\n\nLegislation history and amendment history—Endnotes 3 and 4\n\nAmending laws are annotated in the legislation history and amendment history.\n\nThe legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.\n\nThe amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.\n\nMisdescribed amendments\n\nA misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.\n\nIf a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.\n\nEndnote 2—Abbreviation key\n\n| ad = added or inserted | orig = original |\n| ---------------------------------------------- | ----------------------------------- |\n| am = amended | par = paragraph(s)/subparagraph(s) |\n| amdt = amendment | /sub‑subparagraph(s) |\n| c = clause(s) | pres = present |\n| C[x] = Compilation No. x | prev = previous |\n| Ch = Chapter(s) | (prev…) = previously |\n| def = definition(s) | Pt = Part(s) |\n| Dict = Dictionary | r = regulation(s)/rule(s) |\n| disallowed = disallowed by Parliament | reloc = relocated |\n| Div = Division(s) | renum = renumbered |\n| exp = expires/expired or ceases/ceased to have | rep = repealed |\n| effect | rs = repealed and substituted |\n| F = Federal Register of Legislation | s = section(s)/subsection(s) |\n| gaz = gazette | Sch = Schedule(s) |\n| LA = Legislation Act 2003 | Sdiv = Subdivision(s) |\n| LIA = Legislative Instruments Act 2003 | SLI = Select Legislative Instrument |\n| (md not incorp) = misdescribed amendment | SR = Statutory Rules |\n| cannot be given effect | Sub‑Ch = Sub‑Chapter(s) |\n| mod = modified/modification | SubPt = Subpart(s) |\n| No. = Number(s) | underlining = whole or part not |\n| o = order(s) | commenced or to be commenced |\n| Ord = Ordinance | |\n\nEndnote 3—Legislation history\n\n| Name | Registration | Commencement | Application, saving and transitional provisions |\n| -------------------------------------------------------------------------- | ------------------------------- | -------------- | ----------------------------------------------- |\n| Telecommunications (Prohibition of Mobile Phone Boosters) Declaration 2021 | 23 August 2021(see F2021L01177) | 24 August 2021 | |\n| Communications (Interpretation) (Consequential Amendments) Instrument 2025 | 14 March 2025(see F2025L00361) | 31 March 2025 | |\n| | | | |\n| | | | |\n| | | | |\n\n> Note: Endnote 4—Amendment history\n\n```html\n

Provision affected

How affected

s.2.....................

rep. LA 48D

s.4.....................

rep. LA 48C

s.5.....................

am. F2025L00361

\n```","sortOrder":5}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation maintains its original narrow scope. It was enacted in 2021 specifically to prohibit mobile phone boosters and has only received minor technical amendments in 2025 to update references to the Radiocommunications (Interpretation) Determination. The prohibition remains targeted at the same category of equipment without expansion into adjacent regulatory areas."},"complexity_factors":["Short instrument (8 operative sections, approximately 2 pages of substantive content)","11 defined terms in section 5, with 4 terms referencing external legislation (Radiocommunications Act 1992 and Radiocommunications (Interpretation) Determination 2025)","Single operative prohibition in section 8 with delegated reasoning in Schedule 1 (not fully reproduced in extract)","One nested definition (mobile phone booster defined by reference to 6 cumulative criteria plus 2 explicit exclusions)","Cross-references to primary legislation (Telecommunications Act 1997) and subordinate instruments, but no complex conditional logic or exceptions-within-exceptions"],"plain_english_summary":"This law bans the operation, supply, or possession with intent to use or sell mobile phone boosters—portable, externally powered devices that connect to phones and amplify signals on public mobile frequencies. It targets consumers, retailers, importers and DIY fixes that could harm networks. Export-only devices and separately regulated cellular mobile repeaters are excluded. The ban protects network integrity and emergency services by preventing interference."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The instrument's definitional baseline was amended (s.5 amended by F2025L00361, see Endnote 3, 14 March 2025). That amendment ties key terms (\"mobile station\", \"station\") to the Radiocommunications (Interpretation) Determination 2025 and therefore alters the external sources that determine which devices fall within the prohibition. In practical terms, changes to those external instruments can expand or contract the set of covered devices without amending this declaration directly."},"complexity_factors":["Technical, equipment‑level definition of \"mobile phone booster\" (s6) requires assessing physical connection, amplification to base stations, power source and frequency bands — needs technical expertise to classify devices.","Extensive cross‑referencing to other instruments and statutes: Radiocommunications Act 1992 (definitions), Radiocommunications (Interpretation) Determination 2025 (\"mobile station\", \"station\") and the Telecommunications Act 1997 (authority under s450(1)) (ss3,5,7).","Exemptions and exclusions within the definition (s6) — e.g. manufactured solely for export and explicit exclusion of cellular mobile repeaters — create narrow carve‑outs that require factual proof.","References to other instruments \"as in force from time to time\" (s7) mean scope can shift when external instruments change, adding regulatory uncertainty.","Schedule 1 is cited as giving the reasons for prohibition (s8) but the schedule text is not included here, reducing immediate transparency about the policy basis and enforcement rationale.","Amendment history shows s.5 was amended by F2025L00361 (Endnote 3), indicating the definitional baseline has changed since the original declaration and may affect coverage."],"plain_english_summary":"This instrument declares certain \"mobile phone boosters\" unlawful to operate, supply or possess for the purpose of operation or supply. A mobile phone booster is defined as customer equipment that physically connects to a mobile handset, amplifies radio emissions between handsets and base stations, draws external power and operates in frequency bands used for public mobile services; cellular mobile repeaters and equipment made solely for export are excluded. It affects manufacturers, importers, sellers and people possessing such devices and changes incentives and compliance obligations under the Telecommunications Act."}},"importantCases":[],"_links":{"self":"/api/acts/telecommunications-prohibition-of-mobile-phone-boosters-declaration-2021","history":"/api/acts/telecommunications-prohibition-of-mobile-phone-boosters-declaration-2021/history","analysis":"/api/acts/telecommunications-prohibition-of-mobile-phone-boosters-declaration-2021/analysis","conflicts":"/api/acts/telecommunications-prohibition-of-mobile-phone-boosters-declaration-2021/conflicts","importantCases":"/api/acts/telecommunications-prohibition-of-mobile-phone-boosters-declaration-2021/important-cases","documents":"/api/acts/telecommunications-prohibition-of-mobile-phone-boosters-declaration-2021/documents"}}