Radiocommunications (Exemption – Visiting Dignitaries) Instrument 2023 (No 3)

Overview

The Radiocommunications (Exemption – Visiting Dignitaries) Instrument 2023 (No 3) was enacted to provide an exemption from certain radiocommunications regulations for the period during which visiting dignitaries are in Australia. This instrument, made by the Australian Communications and Media Authority (ACMA) under subsection 9(1) of the Radiocommunications (Exemption – Visiting Dignitaries) Determination 2023, addresses the need to facilitate the smooth and secure communication for visiting dignitaries, ensuring their safety and the smooth running of their official engagements. Specifically, this instrument specifies a dignitary security period for the Prime Minister of India, Shri Narendra Modi, during his visit from 18 May 2023 to 28 May 2023. The policy objective is to ensure that necessary communication provisions are in place without causing undue disruption to the dignitary's activities and security requirements. This instrument will be repealed one year after it commences, ensuring a temporary and targeted application of the exemption.

Scope and Application

The Radiocommunications (Exemption – Visiting Dignitaries) Instrument 2023 (No 3) applies to the provision of radiocommunications services for the specific purpose of accommodating the needs of visiting dignitaries. It identifies His Excellency Shri Narendra Modi, the Prime Minister of the Republic of India, as the visiting dignitary, specifying the period from 18 May 2023 to 28 May 2023 as the time during which special radiocommunications arrangements are required for his visit. This instrument, issued by the Australian Communications and Media Authority under the authority of the Radiocommunications (Exemption – Visiting Dignitaries) Determination 2023, allows for exemptions from certain radiocommunications regulations to ensure the smooth facilitation of his visit and associated security needs. The instrument is limited in scope, applying only to the specified dignitary and time frame, and is repealed one year after it commences, ensuring its temporary nature.

Key Provisions

The Radiocommunications (Exemption – Visiting Dignitaries) Instrument 2023 (No. 3) provides specific exemptions and provisions relating to visiting dignitaries under the Radiocommunications (Exemption – Visiting Dignitaries) Determination 2023 (sections 1-5). The main operative sections of the Instrument specify that the visiting dignitary in question is His Excellency Shri Narendra Modi, the Prime Minister of the Republic of India, and establishes a dignitary security period from 18 May 2023 to 28 May 2023 inclusive (section 5). This period denotes the timeframe during which special measures and exemptions related to radiocommunications will apply to facilitate the dignitary's visit. The Instrument imposes specific obligations on the relevant parties to ensure the smooth and secure operation of radiocommunications during the dignitary's visit. These obligations include coordinating with the Australian Communications and Media Authority (ACMA) to implement necessary measures to protect the dignitary and maintain communication integrity. This may involve securing frequencies, setting up secure communication channels, and ensuring compliance with any additional security protocols deemed necessary by the ACMA. Failure to comply with the provisions of this Instrument may result in various civil and criminal consequences. While the Instrument itself does not specify explicit offences, penalties, or maximum penalties, breaches of related provisions under the Radiocommunications (Exemption – Visiting Dignitaries) Determination 2023 could result in enforcement actions by the ACMA. These actions may include fines, sanctions, or other legal remedies as deemed appropriate by the ACMA to enforce compliance and uphold the integrity of the radiocommunications system during the dignitary's visit. The Instrument will cease to have effect one year from the date of its commencement, as stipulated in section 3. This ensures that the exemptions and provisions are temporary and only applicable for the duration of the dignitary's visit, thereby limiting any potential disruption to regular radiocommunications activities. The Instrument is designed to provide a clear and concise framework for managing the specific needs of visiting dignitaries while safeguarding the broader interests of the Australian public and the effective operation of radiocommunications services.