10Exemption — circumstances in which the exemptions apply

10 Exemption – circumstances in which the exemptions apply

(1) The exemption in each of subsections 9(1), (2) and (3) applies only if all the circumstances set out in this section exist. (2) The act or omission must be in relation to the: (a) use; or (b) operation; or (c) possession; or (d) supply; of a PMTS jamming device. (3) The act must be performed, or the omission must occur, at a relevant facility. (4) At the time the act is performed, or the omission occurs: (a) a carrier liaison agreement in relation to each of the relevant carriers must be in force; and (b) the following details of each carrier liaison agreement must be published on the website of Corrective Services NSW: (i) the name of each carrier that is a party to the agreement; (ii) the date the agreement was entered; (iii) a brief description of the nature of the liaison, between Corrective Services NSW and the carrier, required by the agreement.

Note 1: The website of Corrective Services NSW is found at www.correctiveservices.dcj.nsw.gov.au.

Note 2: For agreements that existed at the commencement of this instrument, see section 14.

(5) One of the following must be the case at the time the act is performed, or the omission occurs: (a) an authorised person has not given Corrective Services NSW a notice under section 11; or (b) both: (i) an authorised person has given Corrective Services NSW a notice under section 11; and (ii) the notice has been withdrawn; or (c) both: (i) an authorised person has given Corrective Services NSW a notice under section 11; and (ii) the period specified in the notice has ended; or (d) both: (i) an authorised person has given Corrective Services NSW a notice under section 11; and (ii) the act is performed, or the omission occurs, at a location other than the location specified in the notice. (6) Before the act is performed or the omission occurs, Corrective Services NSW must have complied with every request made under section 12 that has not been withdrawn. (7) If the act or omission relates to the use or operation of a PMTS jamming device at a relevant facility, before the act is performed or the omission occurs, Corrective Services NSW must have provided to the ACMA, in writing, the following information about the device: (a) the location of the PMTS jamming device within the facility; (b) the frequencies on which the PMTS jamming device 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 Condition (Transmitter Licence) Determination 2025as if the PMTS jamming device were a radiocommunications transmitter operated under a transmitter licence to which that Part applies.