Radiocommunications (Automation & Process Control Services Pty Ltd) Instrument 2025

Overview

The Radiocommunications (Named Person – Automation & Process Control Services Pty Ltd) Instrument 2025 was enacted to address a specific regulatory gap identified in the Radiocommunications (Exemption) Determination 2024. This instrument was introduced to name Automation & Process Control Services Pty Ltd (formerly known as APC Technology) as a designated entity under section 9 of the Determination, thereby allowing the company to perform exempt acts involving banned devices provided the conditions outlined in the Determination are met. The instrument was made by the Australian Communications and Media Authority under subclause 1(1) of Schedule 1 to the Radiocommunications (Exemption) Determination 2024, with the policy objective of ensuring that only authorised entities can operate with certain restricted radiocommunications equipment. The instrument is set to commence on 29 September 2025 and will be repealed at the start of 29 September 2028, ensuring a temporary but specific exemption is in place for the named entity.

Scope and Application

The Radiocommunications (Named Person – Automation & Process Control Services Pty Ltd) Instrument 2025 applies to Automation & Process Control Services Pty Ltd, identified by its Australian Company Number 008 044 451, which is named for the purposes of section 9 of the Radiocommunications (Exemption) Determination 2024. This legislation pertains specifically to the exemption of certain acts related to the use of banned devices, and it applies to conduct undertaken by the named entity within the scope of the Radiocommunications (Exemption) Determination 2024. The instrument is effective from 29 September 2025 and will remain in force until 29 September 2028, at which time it will be repealed. The named entity must adhere to the conditions set out in the Determination to maintain their exemption status. Any subordinate instruments or regulations may further specify or extend the application of this act, ensuring compliance with national radiocommunications regulations.

Key Provisions

The main operative sections of the Radiocommunications (Automation & Process Control Services Pty Ltd) Instrument 2025 (hereafter referred to as the Instrument) specify that Automation & Process Control Services Pty Ltd (APC) is named under section 9 of the Radiocommunications (Exemption) Determination 2024 (the Determination). This means that APC is granted an exemption from certain provisions of the Radiocommunications Act 1992, provided that specific conditions are met. The Instrument details these conditions, ensuring that APC can operate under the exemption while complying with the overarching regulatory framework. Under the Instrument, APC is required to adhere to the conditions set forth in the Determination, particularly those related to the use of banned devices. Section 7 of the Determination outlines the specific conditions that must be met for an act to be considered an exempt act. For APC, this means that any act involving a banned device can only be performed if APC is named in a notifiable instrument, and the instrument is in force at the time of the act (section 9). The Instrument serves to formally name APC for these purposes, thereby providing clarity and legal certainty regarding their exemption status. The Instrument imposes several obligations on APC, primarily centred around compliance with the conditions of the Determination. These include ensuring that any operations involving banned devices are conducted in strict accordance with the specified conditions, and maintaining records or evidence of compliance as required by the Determination. Additionally, APC must ensure that the Instrument remains in force and is accessible, as it is registered as a notifiable instrument on the Federal Register of Legislation. Failure to comply with the conditions set forth in the Instrument or the Determination could result in civil or criminal consequences. Specifically, the Determination outlines that any breach of its provisions may lead to penalties. While the exact penalties are detailed in the Determination, they could include fines, corrective actions, or other enforcement measures. The Instrument itself does not specify maximum penalties but refers to the Determination for such details, underscoring the importance of strict adherence to the regulatory conditions. The Instrument also highlights the temporary nature of the exemption, as it is repealed at the start of the day 29 September 2028. This time-bound nature underscores the necessity for APC to remain vigilant and compliant throughout the period of the exemption. Any changes to the conditions or the status of the exemption would need to be reflected in subsequent instruments or determinations, ensuring that APC continues to operate within the legal framework.