Radiocommunications (Exemption – Corrective Services NSW) Determination 2021

The Determination rests on several interlocking statutory and technical concepts defined in the text and implemented through procedural requirements. The main concepts in the instrument are:

• PMTS jamming device / PMTS jamming equipment (s 6). The instrument uses the term PMTS jamming device to mean an item of PMTS jamming equipment. PMTS jamming equipment is tied to the separate Radiocommunications (Jamming Equipment) Permanent Ban 2023, or any successor permanent ban instrument (s 6, definition of PMTS jamming equipment). The Determination therefore operates against the backdrop of that permanent ban and treats PMTS jamming equipment in accordance with its regulatory definition (s 6).
• Exemption from Parts of the Radiocommunications Act (s 9). The instrument grants an exemption from all of Part 3.1, Part 4.1 and Part 4.2 of the Radiocommunications Act 1992 for certain acts or omissions by Corrective Services NSW, CSNSW staff and CSNSW contractors, but only where the specific circumstantial tests in s 10 are met.
• Relevant facility (s 6). The exemption is geographically limited to two named correctional facilities, the Goulburn Correctional Complex and the Lithgow Correctional Centre (s 6, definition of relevant facility; s 10(3)). Acts elsewhere are outside the Determination’s scope.
• Relevant carrier and carrier liaison agreement (s 6; s 10(4)). The instrument specifies a set list of relevant carriers , Optus Mobile Pty Limited, NBN Co Limited, Telstra Corporation Limited subject to a transfer rule (s 6) and TPG Telecom Limited , and conditions the exemption on a carrier liaison agreement being in force with each relevant carrier (s 10(4)(a)). It also requires publication of certain details of each agreement on the Corrective Services NSW website (s 10(4)(b)(i)-(iii)).
• Authorised person oversight (s 6; ss 11-12). The instrument defines authorised person to include the ACMA, ACMA members and certain ACMA SES staff (s 6). Authorised persons may issue prohibition notices barring use at particular locations and may request information; the Determination requires Corrective Services NSW to comply with requests within 10 business days (s 11; s 12(1)-(2)).
• Technical constraints on operation (s 10(7)-(9), s 10(8)). Before use, Corrective Services NSW must provide the ACMA location, frequencies and a test report (s 10(7)). The device’s operation must be solely to cause harmful interference to radiocommunications on designated frequencies inside the relevant facility, must only cause harmful interference to radiocommunications on base transmit frequencies within the facility, and must not cause radio emissions outside the facility on non-designated frequencies above a defined PSD threshold (-128.5 dBm/kHz) (s 10(8)(a)-(c)). The device must also comply with Part 3 of the Radiocommunications Licence Condition (Transmitter Licence) Determination 2025 as if it were a transmitter operating under a transmitter licence (s 10(8)(d)).
• Temporal limits and transition (s 5; s 13-14). The instrument carries a five-year sunset (s 5). It contains transitional protections and continuity for activities that began under two earlier Corrective Services NSW determinations, subject to maintained conditions (s 13). Section 14 addresses transitional application of prior carrier liaison agreements for up to six months where certain agreements were already in force immediately before commencement.
• Publication obligations (s 10(4)(b); s 11(4)). Corrective Services NSW must publish specified carrier liaison agreement details on its website (s 10(4)(b)), and ACMA must publish notices it issues or withdraws under s 11 on the ACMA website (s 11(4)).

These concepts link operational permissions for jamming devices to carrier coordination, ACMA oversight, technical emission limits and a fixed expiry date. The Determination ties the meaning of “PMTS jamming equipment” to an external permanent ban instrument, so the Determination’s scope is coupled to that separate instrument’s content (s 6).

The Determination names distinct legal and practical actors and specifies who is covered and how coverage may change:

• Corrective Services NSW (s 6, s 8, s 9). The State agency is the primary actor afforded an exemption when it performs qualifying acts or omissions relating to PMTS jamming devices at the two relevant facilities (s 9(1); s 10). The instrument also expressly states Corrective Services NSW is a body to which section 27 of the Radiocommunications Act applies (s 8).
• CSNSW staff (s 6, s 9(2)). The instrument covers each person specified in section 231 of the Sentences Act (defined as CSNSW staff, s 6). Acts and omissions by these staff members are exempt in the specified circumstances (s 9(2); s 10). This pulls individual employees and categories of staff into the statutory regime.
• CSNSW contractors (s 6, s 9(3)). The instrument includes persons who have a contract with Corrective Services NSW or with CSNSW staff in relation to PMTS jamming devices and persons employed or engaged by such contractors (s 6, definition of CSNSW contractor). Acts and omissions by these contractors are subject to the exemption conditions (s 9(3)).
• Relevant carriers (s 6, s 10(4)). The Determination lists Optus Mobile Pty Limited, NBN Co Limited, Telstra Corporation Limited subject to a possible substitution by Telstra Limited on written notice (s 6), and TPG Telecom Limited as the relevant carriers. The exemption depends on a carrier liaison agreement being in force with each relevant carrier (s 10(4)(a)). Therefore the carriers are third parties with standing influence over whether the exemption can operate, but they are not granted rights by this instrument; rather, the instrument requires Corrective Services NSW to have agreements with them and to publish certain details (s 10(4)(b)).
• The ACMA and authorised ACMA personnel (s 6, s 11, s 12). The ACMA, its members and certain senior ACMA staff are defined as authorised persons and given power to issue written notices preventing use at particular locations and to request information. The ACMA must publish these notices (s 11(1)-(4); s 12(1)-(2)).
• The two named correctional facilities (s 6, s 10(3)). The Goulburn Correctional Complex and the Lithgow Correctional Centre are the only places where the exemption can apply. Acts or omissions at other locations are not covered (s 10(3)). The definition of relevant facility is exhaustive and explicit (s 6).
• Persons supplying, possessing or operating PMTS jamming devices (s 10(2)). The exemption expressly covers acts and omissions relating to the supply, possession, use and operation of PMTS jamming devices at the relevant facilities, bringing suppliers and contractors into scope if their activity relates to those functions within the geographic limits (s 10(2)-(3)).

Who pays and who decides under the Determination: Corrective Services NSW must put in place and maintain the carrier liaison agreements and publish their details (s 10(4)). Corrective Services NSW must also provide ACMA information and test reports (s 10(7), s 12). The ACMA (and authorised persons) decide when or whether to issue prohibition notices under s 11 and may request further information under s 12. A failure to meet the conditions means the exemption is not available and the underlying provisions of the Radiocommunications Act (Parts 3.1, 4.1, 4.2) will apply to such acts or omissions (see s 9 and s 10(1)). The instrument thus distributes duties: Corrective Services NSW arranges carrier coordination and technical reporting; the ACMA retains gatekeeping and oversight powers.

The Determination imposes procedural, disclosure and technical duties on Corrective Services NSW and grants specific operational rights contingent on satisfying those duties. The following are the principal duties and conditional rights, with the controlling provisions.

Duties imposed on Corrective Services NSW (and, where applicable, CSNSW staff and contractors)

• Carrier liaison agreements: Corrective Services NSW must have a carrier liaison agreement in force with each relevant carrier at the time an act or omission is performed (s 10(4)(a)). The instrument defines relevant carrier as a list of specified carriers (s 6).
• Publication of liaison details: Corrective Services NSW must publish, on its website, for each carrier liaison agreement, the name of each carrier party, the date the agreement was entered, and a brief description of the nature of the liaison required by the agreement (s 10(4)(b)(i)-(iii)).
• Pre-use notification and test reporting: Before using or operating a PMTS jamming device at a relevant facility, Corrective Services NSW must provide to the ACMA, in writing, the device location within the facility, the frequencies on which the device can be operated, and a test report that complies with the test report standard in the Determination (s 10(7); s 10(9)). The test report must contain sufficient information to allow an assessor to determine whether the circumstances in s 10(8) would exist if the device were used in the facility (s 10(9)).
• Response to ACMA information requests: Corrective Services NSW must comply in writing with any request from an authorised person for information about devices, including location, frequencies, test reports and any information considered necessary to manage interference, within 10 business days or a longer period agreed with the authorised person (s 12(1)-(2)).
• Compliance with technical limits: When a device is used or operated, Corrective Services NSW must ensure the device’s operation is solely for causing harmful interference to designated frequencies within the relevant facility and, if harmful interference occurs, it only affects radiocommunications on base transmit frequencies within the facility; the device must not emit radio emissions with PSD greater than -128.5 dBm/kHz on non-designated frequencies outside the facility (s 10(8)(a)-(c)).
• Compliance with transmitter licence conditions: The device must comply with Part 3 of the Radiocommunications Licence Condition (Transmitter Licence) Determination 2025 as if it were a radiocommunications transmitter operated under a transmitter licence that Part applies to (s 10(8)(d)).

Conditional rights or benefits conferred

• Exemption from Parts of the Radiocommunications Act: Where all the circumstances in s 10 exist, acts or omissions by Corrective Services NSW, CSNSW staff and CSNSW contractors relating to a PMTS jamming device at a relevant facility are exempt from all of Part 3.1, Part 4.1 and Part 4.2 of the Radiocommunications Act (s 9(1)-(3), s 10(1)). This is the central statutory quid pro quo: compliance with the Determination’s requirements provides immunity from the listed Parts of the Radiocommunications Act for those specific acts or omissions.
• Transitional continuation: Acts or omissions that began before commencement under earlier determinations can continue to be exempt provided the continuing circumstances specified in s 13 are satisfied (s 13(1)-(3)). This preserves rights for earlier authorised activity subject to continuing compliance with prior conditions described in the earlier determinations (s 13(2),(3)).

Authorised persons’ powers and duties

• Prohibition notices: An authorised person may give Corrective Services NSW a written notice that a PMTS jamming device must not be used at a specified location within a relevant facility during a specified period (s 11(1)-(2)). An authorised person may also withdraw such a notice in writing (s 11(3)).
• Publication of notices: The ACMA must publish on its website copies of each notice given under s 11(1) and each withdrawal notice under s 11(3) (s 11(4)).
• Requests for information: An authorised person may request information in writing about devices or testing and may withdraw a request (s 12(1), (3)).

Other duties and mechanisms

• Telstra substitution: If Telstra Limited holds a carrier licence and notifies Corrective Services NSW in writing taking the place of Telstra Corporation Limited for purposes of the Determination, references to Telstra Corporation Limited are taken to be references to Telstra Limited from the stated transfer time (s 6(3)). This mechanism recognises corporate restructuring and preserves the Determination’s operation without immediate amendment.
• Publication of liaison agreement particulars is required to be on Corrective Services NSW’s website (s 10(4)(b) and notes). ACMA publication obligations for notices are described in s 11(4).

Consequences of non-compliance

• Loss of exemption: The instrument makes clear that the exemption applies only if all circumstantial conditions in s 10 exist (s 10(1)). If those conditions do not exist, the exemption does not apply and the acts or omissions fall back under the full operation of the Radiocommunications Act (s 9; s 10(1)). The Determination does not itself prescribe criminal or civil penalties; instead, non-qualifying acts will be governed by the Act from which the exemption would otherwise flow (see s 9 and s 10(1)).

The Determination therefore sets up a compliance regime where Corrective Services NSW must coordinate with carriers, disclose specific device information and meet technical operating standards to obtain an operational exemption from named parts of the Radiocommunications Act, while the ACMA retains stoppage and inquiry powers (ss 10-12).

The Determination is an exemption instrument; it does not itself create express new criminal offences or civil penalties within its text. Instead, its enforcement architecture operates by conditioning an exemption upon compliance with specified obligations and by vesting oversight functions in authorised persons from the ACMA. The relevant enforcement mechanisms and practical consequences are as follows, as provided in the instrument:

• Conditionality and the loss of exemption (s 9; s 10(1)). The Determination makes the exemption contingent. If all circumstances in s 10 do not exist, acts and omissions by Corrective Services NSW, CSNSW staff or CSNSW contractors are not exempt from Parts 3.1, 4.1 and 4.2 of the Radiocommunications Act (s 9; s 10(1)). The instrument therefore uses the loss of an exemption as the primary sanctioning mechanism: non-compliant behaviour is subject to the underlying statutory regime of the Radiocommunications Act rather than the Determination itself imposing fines or penalties.
• Notices by authorised persons that stop use (s 11). An authorised person may issue a written notice prohibiting use at a specified location for a specified period (s 11(1)-(2)). The existence of such a notice is an antecedent condition for the exemption not to apply (see s 10(5)(a) and (b)-(d) which reference notices). The ACMA must publish copies of notices and withdrawals (s 11(4)). The authorised person’s power to prohibit use is therefore an immediate enforcement tool which prevents the exemption applying for the period and location specified.
• Information requests with mandatory compliance periods (s 12). An authorised person may request specified information about each PMTS jamming device (s 12(1)). Corrective Services NSW must comply, in writing, within 10 business days or a longer period as agreed (s 12(2)). Failure to supply information could result in the exemption not applying because s 10(6) requires Corrective Services NSW to have complied with every request made under s 12 that has not been withdrawn before the act is performed or omission occurs.
• Technical constraints and pre-use reporting (s 10(7)-(9)). Corrective Services NSW must provide the ACMA location, frequencies and a test report before use or operation (s 10(7)). The test report must enable assessment of whether the emissions limits and scope conditions in s 10(8) are satisfied (s 10(9)). If devices do not meet the prescribed technical limits (for example causing emissions greater than -128.5 dBm/kHz outside the facility), the exemption is not available (s 10(8)(c) and s 10(1)).
• Repeal/sunset (s 5). The instrument is repealed at the start of the day that is the fifth anniversary of commencement (s 5). The sunset terminates the exemption automatically, removing the protective effect and exposing any relevant acts and omissions thereafter to the Radiocommunications Act unless a further instrument is made.
• Transitional continuity and conditions (s 13-14). Transitional provisions in s 13 preserve exemptions for continuing acts or omissions that commenced under earlier determinations only if the continuing circumstances specified in the earlier determinations remain in place (s 13(2)). Section 14 provides a limited transitional grace for existing liaison agreements for up to six months (s 14). Failure to meet these transitional tests could result in loss of exemption for ongoing activities.

What the Determination does not specify about enforcement

• The instrument does not specify monetary penalties, administrative fines or licensing cancellations within its text. It does not set out detailed enforcement procedures such as inspection powers, compliance notices with penalty amounts, or appeal procedures for ACMA decisions. The Determination instead relies on the ACMA’s existing statutory powers (authorised persons) and the fallback operation of the Radiocommunications Act when the exemption is not in force (s 9; s 10(1); s 11-12).
• The instrument does not itself create a private right of action for third parties or carriers; it does require liaison agreements with relevant carriers and obliges publication of basic particulars on Corrective Services NSW’s website (s 10(4)).

Practical enforcement pathway

• In practice, enforcement under this instrument will likely operate by a combination of ACMA oversight (notices and information requests), Corrective Services NSW compliance with pre-use reporting and testing obligations (s 10(7)-(9)), and the automatic legal consequence that non-compliance causes the underlying parts of the Radiocommunications Act to apply (s 9; s 10(1)). The Determination establishes affirmative duties that, if unmet, remove the instrument’s protective exemption.

This Determination explicitly cross-references several Commonwealth and state statutory instruments and other determinations. The way it ties into and depends on other laws shapes its operational boundaries.

Direct statutory cross-references in the instrument

• Radiocommunications Act 1992 (the Act) , authority and scope (s 3; s 9). The instrument is made under subparagraph 27(1)(be)(ii) and subsection 27(2) of the Act (s 3). It creates exemptions from Parts 3.1, 4.1 and 4.2 of the Act for the named actors where s 10 conditions exist (s 9). The Determination therefore occupies a subordinate legislative position under the Act and functions by carving out limited exceptions to parts of that Act (s 3; s 9).
• Australian Communications and Media Authority Act 2005 (ACMA Act) , definitions and authorised persons (s 6). The instrument adopts definitions from the ACMA Act: ACMA Act and ACMA staff have the meanings given there (s 6). Authorised person includes the ACMA and ACMA members and certain ACMA SES employees (s 6). The Determination therefore situates ACMA decision-makers within its oversight model.
• Sentences Act (Crimes (Administration of Sentences) Act 1999 (NSW)) , definition of Corrective Services NSW and CSNSW staff (s 6). Corrective Services NSW and CSNSW staff are defined by reference to the Sentences Act (s 6). The instrument therefore links the scope of persons and bodies covered to NSW statutory definitions.
• Telecommunications Act 1997 , definition of public mobile telecommunications service (s 6). The instrument imports the meaning of public mobile telecommunications service from s 32 of the Telecommunications Act 1997 (s 6). That linkage matters because the instrument restricts harmful interference to radiocommunications on designated frequencies used for supply of a public mobile telecommunications service (s 10(8)(a)).
• Radiocommunications (Jamming Equipment) Permanent Ban 2023 , definition of PMTS jamming equipment (s 6). The Determination treats PMTS jamming equipment as having the same meaning as in the permanent ban instrument (s 6). Thus the Determination interacts with, and is constrained by, the separate permanent ban’s definitions and any successor instrument.
• Radiocommunications Licence Condition (Transmitter Licence) Determination 2025 , technical compliance (s 10(8)(d)). The instrument requires devices to comply with Part 3 of the 2025 Determination as if the device were a radiocommunications transmitter operated under a transmitter licence to which that Part applies (s 10(8)(d)). This creates a regulatory cross-link where the technical conditions of another Determination become operationally applicable to devices used under the exemption.

Transitional and amendment interactions

• Earlier determinations , continuity and replacement (s 13; s 14; notes). The Determination expressly repeals earlier determinations for testing and use at Goulburn and Lithgow and provides transitional coverage for acts and omissions that started under those instruments, conditional on continuing compliance with their stated circumstances (s 13(1)-(3)). It also allows certain existing liaison agreements a six-month transitional effect (s 14). The Determination therefore replaces prior bespoke exemptions but preserves continuity where parties continue to satisfy pre-existing conditions.

Administrative interactions and publication requirements

• ACMA publication obligations (s 11(4)). ACMA must publish notices given under s 11 and withdrawal notices on its website (s 11(4)). Corrective Services NSW must publish liaison agreement particulars on its website (s 10(4)(b)). These publication duties interact with transparency and administrative-record requirements provided elsewhere in Commonwealth administrative law, although the Determination states the publication duties explicitly.

Corporate substitution mechanism

• Telstra substitution (s 6(3)). The instrument contains a mechanism whereby Telstra Limited may, by written notice, be taken to be the relevant carrier in place of Telstra Corporation Limited for purposes of the Determination (s 6(3)). This cross-references corporate licence-holding arrangements and provides flexibility for corporate changes without needing immediate amendment.

What the Determination does not do in relation to other laws

• The instrument does not amend the Radiocommunications Act itself nor does it create a licence class; it provides an exemption from named Parts (s 9). It does not override or purport to modify other Commonwealth Acts beyond adopting definitions and cross-referencing external instruments for technical standards and device definitions (s 6; s 10(8)(d)).
• The Determination does not displace carrier contractual rights beyond requiring liaison agreements; it does not set substantive terms for those agreements, only that they be in force and certain details published (s 10(4)). The content of those agreements remains a matter for the parties.

In sum, the Determination is an instrument that sits within a web of statutory and legislative instruments. It depends on the Radiocommunications Act for authority, the ACMA Act and Sentences Act for definitions and authorised persons, the permanent jamming-equipment ban for the definition of PMTS jamming equipment, and the Radiocommunications Licence Condition (Transmitter Licence) Determination 2025 for technical compliance standards (ss 3, 6, 10(8)(d)). It thereby creates a regulated exception that is operationally intertwined with other statutory instruments.

The instrument’s own endnotes and the body of the Determination record amendment and replacement activity. The key amendment events and how they affected the Determination are identified in the legislation history and the amendment history endnotes included in the compilation. The following points are recorded in the source:

• Original registration and commencement (2021). The Radiocommunications (Exemption - Corrective Services NSW) Determination 2021 was registered on 25 November 2021 and commenced on 26 November 2021 (Endnote 3: Legislation history).
• Amendment in 2023. The Determination was amended by the Radiocommunications (Exemptions) Amendment Determination 2023 (No. 1), registered 10 March 2023 and commencing 11 March 2023 (Endnote 3). The compact amendment history notes that s 6(1) was amended by that 2023 instrument (Endnote 4 table notes: s.6(1) am. F2023L00212). The exact textual change in s 6(1) is not reproduced in the body other than the endnote record; the endnote indicates an amendment took place that altered s 6(1).
• Amendment in 2025. The Determination was amended by the Radiocommunications (Exemption - Corrective Services NSW) Amendment Determination 2025 (No. 1), registered 21 March 2025 and commencing 31 March 2025 (Endnote 3). The endnote records a specific amendment to s 10(8)(d) by F2025L00391, described as adding or amending an associated note (Endnote 4 table notes: s.10(8)(d) inc note am. F2025L00391). The body of the Determination contains the inserted reference to the Radiocommunications Licence Condition (Transmitter Licence) Determination 2025 in s 10(8)(d), reflecting that amendment.
• Repeal and replacement of earlier determinations. The Determination repealed the Radiocommunications (Testing and Field Trial by Corrective Services NSW of PMTS Jamming Devices at Goulburn Correctional Complex) Exemption Determination 2016 (note in s 10(9) and s 13(1)(c) references) and likewise incorporates transitional effect for the Radiocommunications (Use by Corrective Services NSW of PMTS Jamming Devices at Lithgow Correctional Centre) Exemption Determination 2018 (s 13(1)(c); s 14 references). These earlier instruments are explicitly referenced and are available on the Federal Register of Legislation according to the notes.
• Sunset provision unchanged. The Determination contains a five-year repeal clause (s 5). The endnotes do not record any amendment to that sunset provision up to the 2025 amendment.

The endnotes provide the canonical record of registration numbers, dates and commencement. They show an iterative amendment path: an initial 2021 instrument, at least one amendment in 2023 affecting s 6(1), and an amendment in 2025 adding the cross-reference to the 2025 Determination for transmitter licence conditions (Endnote 3; Endnote 4 table entries). The instrument’s transition provisions also preserve continuity for activities authorised under the 2016 and 2018 determinations where specified conditions continue to be satisfied (s 13-14).

Practical consequence of the amendment trail

• The 2025 amendment added an explicit duty to comply with Part 3 of the Radiocommunications Licence Condition (Transmitter Licence) Determination 2025 as if the device were a transmitter under a transmitter licence (s 10(8)(d)). This anchors technical compliance to a later Determination.
• The 2023 amendment altered s 6(1); practitioners should consult the 2023 amending instrument text on the Federal Register to see the precise wording change to the definitions (Endnote 4 entry for s.6(1)).

The endnotes also document the formal repeal entries for now-replaced provisions (Endnote 4 table indicates other editorial changes, replications and repeals). For authoritative effect and for any litigation or compliance exercise, practitioners should consult the Federal Register of Legislation entries for the original instrument and the amending instruments recorded in Endnote 3 and the amendment table (Endnote 4) to trace the precise wording history.

The Determination itself contains no case law, judicial decisions or litigation references. The instrument’s text and endnotes do not mention any statutory challenges, judicial reviews, or court outcomes. The compilation includes only legislative history and amendment records; it does not report decisions or disputes arising from the Determination.

What the instrument records about contestability and review

• Administrative acts and published notices. The instrument gives the ACMA authority to issue written prohibition notices under s 11 and to request information under s 12, and requires publication of those notices (s 11(4)). Those are administrative actions. The Determination does not set out appeal routes or internal review mechanisms specific to those decisions; it therefore prescribes administrative actions that could, in principle, be the subject of external review under general administrative law remedies, but the Determination does not elaborate on review processes or previous judicial consideration.
• No recorded litigation in the instrument. The absence of litigation references in the Determination and its endnotes means the instrument does not itself supply any litigation history for practitioners to rely on.

Practical implications for litigation risk

• The Determination creates administrative decisions (e.g. issuance or withdrawal of notices, information requests, and decisions whether the exemption applies in particular circumstances). These decisions are administered by the ACMA and Corrective Services NSW’s compliance obligations are specified. The Determination does not state the availability of merits review or judicial review avenues; whether particular ACMA decisions under the instrument would be amenable to judicial review would depend on general administrative law principles and the nature of the decision in the context of the Radiocommunications Act and the ACMA Act. The instrument itself makes no assertion about the existence, exclusivity or limitation of judicial or merits review rights.
• Absence of case names. The Determination names no cases and the endnotes do not annotate any litigation that interprets or challenges the instrument.

For practitioners, the practical starting point when seeking any litigation history or precedents will be external: search court databases, the Federal Court and administrative law reports, or ACAT/tribunal records for any challenges to ACMA notices issued under this Determination. The instrument itself does not provide litigation context or precedent.

The Determination contains several precise conditions and procedural requirements where a small compliance slip can have material legal consequences. The following are concrete “gotchas” set out strictly from the instrument’s text:

• The exemption is conditional, not automatic (s 10(1)). The Determination repeatedly conditions the availability of the exemption on all the circumstances in s 10 existing at the time the act or omission occurs. A single missing condition means the exemption does not apply and the Radiocommunications Act’s Parts 3.1, 4.1 and 4.2 will govern the conduct (s 9; s 10(1)). Practically, that means paperwork, publication, testing and ACMA requests must be completed before use.
• Carrier liaison agreements must be in force with each relevant carrier (s 10(4)(a)). The exemption requires an agreement in relation to each of the relevant carriers specified in s 6. If one carrier is omitted or a listed carrier’s agreement lapses, the exemption is not available. The Determination does not allow partial coverage; the wording in s 10(4)(a) is conjunctive.
• Publication particulars are narrow (s 10(4)(b)). Corrective Services NSW must publish, on its website, three particulars for each carrier liaison agreement: the name of each carrier party, the date the agreement was entered, and a brief description of the nature of the liaison required by the agreement. Failure to publish these precisely prescribed particulars may mean the exemption conditions are not satisfied.
• The ACMA can prohibit use at a location even where agreements exist (s 11; s 10(5)). An authorised person may issue a written notice prohibiting use at a specified location for a specified period (s 11(1)-(2)). Subsection 10(5) makes continued availability of the exemption contingent on either no such notice having been given or on the notice being withdrawn, expired, or not covering the specific location of the act. Practitioners should not assume that having liaison agreements in place guarantees permission to operate; the ACMA retains location-specific stopping power.
• Timeliness and substance of test reports (s 10(7), s 10(9)). Before use, Corrective Services NSW must provide the ACMA with a test report that permits assessment of compliance with s 10(8). The Determination requires the report to contain sufficient information to assess whether the technical constraints would be met. A report that lacks necessary detail or is untimely risks disqualification from the exemption.
• Strict emission limit for out-of-facility spill (s 10(8)(c)). The device must not cause radio emissions with a power spectral density greater than -128.5 dBm/kHz on non-designated frequencies outside the relevant facility. That exact numeric limit is mandatory in the text. There is no margin or discretion in the Determination. Practitioners must ensure testing demonstrates compliance to that specific threshold.
• Sole purpose limitation (s 10(8)(a)). The Determination requires the device’s operation to be for the sole purpose of causing harmful interference to radiocommunications on designated frequencies within the relevant facility. Using a device for broader purposes (for example, for testing outside that narrow purpose) would be outside the exemption.
• Harmful interference restriction to base transmit frequencies if interference occurs (s 10(8)(b)). If the device causes harmful interference, the Determination confines that interference to radiocommunications on base transmit frequencies within the relevant facility. Interference to other frequency types or beyond base transmit frequencies risks invalidating the exemption.
• Test report standard folded into pre-use obligations and information requests (s 10(7), s 10(9), s 12(1)(c)). The same test report standard used for pre-use notification is cross-referenced in the ACMA’s information request power (s 12(1)(c)). Practitioners must maintain documentation that satisfies both pre-use and post-request assessments.
• Transitional continuity depends on continuing compliance with prior determinations’ conditions (s 13). For acts that began under earlier determinations, the Determination carries forward exemptions only if specific earlier conditions continue to exist. Parties relying on transitional coverage should verify that the precise legacy conditions continue to be met.
• Telstra substitution requires written notification (s 6(3)). The Determination allows Telstra Limited to be taken as the relevant carrier in place of Telstra Corporation Limited only if Telstra Limited holds a carrier licence and provides written notification to Corrective Services NSW. Without that notification, the original named entity remains the relevant carrier under s 6.
• Time-limited instrument (s 5). The Determination expires automatically at the start of the day on the fifth anniversary of commencement (s 5). Any longer-term operational planning must account for the sunset and potential need for a replacement instrument or licence.

These are concrete compliance traps. Each is anchored to particular textual requirements in the Determination (s 5, s 6, s 10, s 11, s 12, s 13, s 14). Practitioners planning device use should build processes to ensure all listed conditions are met and documented before the act or omission occurs, and to monitor ACMA notices and carrier agreement status continually.

This section sets out a practical compliance checklist derived from the instrument’s express duties and conditional tests. Each listed action ties directly to the relevant statutory provision cited.

1. Confirm device categorisation and applicability

   • Confirm that the device is PMTS jamming equipment as defined by the Radiocommunications (Jamming Equipment) Permanent Ban 2023 or any successor permanent ban instrument; the Determination’s definition of PMTS jamming equipment relies on that external instrument (s 6, definition of PMTS jamming equipment). If unsure, obtain a manufacturer declaration or technical specification linking the device to the ban instrument’s classification.

2. Ensure geographic and activity scope

   • Use, operation, possession or supply must occur at a relevant facility, i.e. the Goulburn Correctional Complex or the Lithgow Correctional Centre (s 6, definition; s 10(2)-(3)). Activities outside those locations do not fall within the Determination.

3. Put carrier liaison agreements in place and publish particulars

   • Enter into and maintain a carrier liaison agreement with each relevant carrier listed in s 6: Optus Mobile Pty Limited, NBN Co Limited, Telstra Corporation Limited (subject to the Telstra substitution rule in s 6(3)), and TPG Telecom Limited (s 6; s 10(4)(a)).
   • Publish on the Corrective Services NSW website for each agreement: the name of each carrier that is a party to the agreement, the date the agreement was entered, and a brief description of the nature of the liaison required by the agreement (s 10(4)(b)(i)-(iii)). Ensure the published description is accurate and updated if the agreement changes.

4. Prepare and provide pre-use technical information and test report

   • Before any use or operation of a PMTS jamming device at a relevant facility, provide the ACMA in writing with: the device’s precise location within the facility; the frequencies on which the device is capable of being operated; and a test report in relation to the device at the facility that complies with the Determination’s test report standard (s 10(7), s 10(9)). The test report must contain sufficient information to allow assessment of whether the device, when used at the facility, would meet the circumstances in s 10(8).

5. Ensure technical operating constraints are met and evidenced

   • Confirm by testing and certification that device operation will be exclusively for causing harmful interference to radiocommunications on designated frequencies within the relevant facility (s 10(8)(a)).
   • Demonstrate by test that any harmful interference will be limited to radiocommunications on base transmit frequencies within the facility (s 10(8)(b)).
   • Confirm by measurement that the device does not cause radio emissions with PSD greater than -128.5 dBm/kHz on non-designated frequencies outside the facility (s 10(8)(c)).
   • Ensure device operation complies with Part 3 of the Radiocommunications Licence Condition (Transmitter Licence) Determination 2025 as if the device were a radiocommunications transmitter under a transmitter licence to which that Part applies (s 10(8)(d)). Obtain any necessary engineering assessments and retain records.

6. Implement and document internal controls and standard operating procedures

   • Maintain procedures to verify the location and scope of any planned device use against published carrier liaison agreements and any ACMA notices (s 10(4), s 11).
   • Keep a continuous register of device tests, maintenance, personnel authorised to operate devices, and evidence of compliance with the -128.5 dBm/kHz limit and other technical obligations (s 10(7)-(9)).

7. Respond to ACMA information requests promptly

   • If an authorised person issues a written request under s 12, comply in writing within 10 business days or within any longer period agreed in writing by the authorised person (s 12(2)). Consider designating a single compliance contact with the ACMA to streamline responses.
   • Retain copies of all responses and proof of delivery.

8. Monitor and react to ACMA notices

   • Monitor the ACMA website for notices issued under s 11 and published by the ACMA (s 11(4)). If a notice prohibits use at a particular location or during a period, do not operate devices at that location in that period; the failure to heed such a notice will mean the exemption does not apply (s 10(5), s 11(1)-(4)).
   • If a notice is issued that affects operational plans, ensure systems halt use in the specified area and document the reason.

9. Manage contracts with CSNSW contractors and suppliers

   • Contractually obligate contractors and suppliers to comply with the Determination’s requirements where those contractors will use, operate or supply PMTS jamming devices at relevant facilities (s 6, definition of CSNSW contractor; s 9(3)). Ensure contractual terms require maintenance of test reports and cooperation with ACMA information requests.

10. Handle transitional activities carefully

• For activities that began under the earlier 2016 or 2018 determinations and continued past commencement, review the legacy conditions referenced in s 13 and ensure those continuing circumstances remain satisfied for continued exemption (s 13(1)-(3)). If relying on transitional coverage, compile the evidence necessary to show the legacy conditions continue to exist.

11. Plan for the sunset

• The Determination is repealed at the start of the day that is the fifth anniversary of commencement (s 5). Build contingency plans for operations after the sunset, including seeking licence coverage, alternate regulatory instruments, or ceasing use if no legal authorisation exists post-repeal.

12. Document Telstra corporate substitution where relevant

• If Telstra Limited is to be the relevant carrier in place of Telstra Corporation Limited, secure the written notice from Telstra Corporation Limited or Telstra Limited specified in s 6(3) and record the transfer time to confirm which legal entity counts as a relevant carrier under the Determination.

13. Keep records for audits or future enquiries

• Maintain the test reports, published carrier liaison details, all ACMA correspondence, and internal logs of device use. These records will be the primary means to demonstrate to an authorised person that all s 10 conditions existed at the time an act or omission occurred.

14. Legal and compliance advice

• Consider obtaining advice from counsel or a regulatory specialist to prepare test-report formats, to review carrier liaison agreements for sufficiency (the Determination prescribes publication particulars but not substantive terms), and to verify compliance with Part 3 of the Radiocommunications Licence Condition (Transmitter Licence) Determination 2025 as applied.

Each of these steps is directly traceable to the Determination’s operative provisions (see especially s 6, s 9, s 10, s 11, s 12, s 13 and s 14). Compliance requires both technical testing and administrative coordination with carriers and the ACMA.