Radiocommunications (Australian Federal Police Visiting Dignitary) Exemption Determination 2016 (Cth)

Radiocommunications (Australian Federal Police – Visiting Dignitary) Exemption Determination 2016

Radiocommunications Act 1992

The AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY makes this Determination under subsection 27 (2) of the Radiocommunications Act 1992.

Dated 13 July 2016

James Cameron

[signed]

Member

Brendan Byrne

[signed]

~~Member~~/General Manager

Australian Communications and Media Authority

Name of Determination
This Determination is the Radiocommunications (Australian Federal Police – Visiting Dignitary) Exemption Determination 2016.

2       Commencement
This Determination commences on the day it is registered.
Note:          All legislative instruments and compilations are registered on the Federal Register of Legislation kept under the Legislation Act 2003. See Cessation
This Determination expires on 31 July 2016 as if it had been repealed by another instrument.
4       Definitions
In this Determination:
Act means the Radiocommunications Act 1992.
AFP means the Australian Federal Police established by subsection 6(1) of the Australian Federal Police Act 1979.
relevant person means:
(a)an AFP employee, within the meaning given by subsection 4(1) of the Australian Federal Police Act 1979;
(b)a special member, within the meaning given by subsection 4(1) of the Australian Federal Police Act 1979;
(c)any other person performing a function or duty in relation to the AFP or the police force of a State or Territory;
(d)any other person performing a function or duty in relation to the defence, security or international relations of Australia.
5       Exemption in relation to certain activities in relation to visiting dignitary
(1)Any act or omission by a relevant person, in relation to the use, operation, possession or supply of a device, is exempt from Parts 3.1, 4.1 and 4.2 of the Act in the circumstances specified in subsection (2).
(2)For the purposes of subsection (1), all the following circumstances must exist:
(a)the act is done, or the omission occurs, in the performance of the relevant person’s functions and duties in relation to:
(i)the AFP;
(ii)the police force of a State or Territory;
(iii)the defence, security or international relations of Australia;
as the case may be;
(b)the act is done, or the omission occurs, in relation to the implementation of electronic counter measures, including the use of an electronic counter measure vehicle, associated with the security or protection of the Vice President of the United States of America during his visit to Australia;
(c)the act is done, or the omission occurs, during the period commencing on the commencement of this Determination and ending on 21 July 2016.