Radiocommunications (Named Person – APC Technology Pty Ltd) Instrument 2023

Overview

The Radiocommunications (Named Person – APC Technology Pty Ltd) Instrument 2023, enacted by the Australian Communications and Media Authority, addresses the specific issue of designating APC Technology Pty Ltd as a named person for the purposes of section 9 of the Radiocommunications (Exemption) Determination 2021. This legislation was introduced to ensure compliance with the stringent conditions set forth in the Determination for acts involving banned devices. The instrument comes into effect on the day following its registration and is set to be repealed two years after its commencement. The policy objective is to maintain the integrity of radiocommunications by ensuring that only named individuals or entities, such as APC Technology Pty Ltd, can perform certain exempt acts as specified in the Radiocommunications (Exemption) Determination 2021.

Scope and Application

The Radiocommunications (Named Person – APC Technology Pty Ltd) Instrument 2023 applies specifically to APC Technology Pty Ltd, a company with ACN 008 044 451, which is named under section 9 of the Radiocommunications (Exemption) Determination 2021. This instrument is created to facilitate the exemption of certain activities involving banned devices, contingent upon APC Technology Pty Ltd adhering to the conditions outlined in the Radiocommunications (Exemption) Determination 2021. The instrument comes into effect immediately after its registration and will remain in force for two years from its commencement date. It is made under the authority of subclause 1(1) of Schedule 1 to the Radiocommunications (Exemption) Determination 2021, and its registration is required on the Federal Register of Legislation. The instrument’s scope is limited to APC Technology Pty Ltd and does not extend to any other entity or individual, nor does it cover any other activities beyond those specified within the Radiocommunications (Exemption) Determination 2021.

Key Provisions

The main operative sections of the Radiocommunications (Named Person – APC Technology Pty Ltd) Instrument 2023 include the naming of APC Technology Pty Ltd (ACN 008 044 451) under section 9 of the Radiocommunications (Exemption) Determination 2021, as stated in section 5. This naming allows APC Technology Pty Ltd to perform certain acts involving banned devices, provided they meet the specified conditions outlined in the Determination. Section 2 dictates the commencement of this instrument, which occurs at the start of the day following its registration. Section 3 specifies that the instrument will be repealed two years after its commencement. The authority for this instrument is derived from subclause 1(1) of Schedule 1 to the Radiocommunications (Exemption) Determination 2021, as noted in section 4. APC Technology Pty Ltd, as named in this instrument, is required to adhere to the conditions set out in the Radiocommunications (Exemption) Determination 2021. This means they must ensure that any acts involving banned devices are performed only if they are named in a notifiable instrument and that the instrument is in force at the time of the act. The Determination specifies certain conditions that must be met to qualify an act as an exempt act. These conditions ensure that any use of banned devices is strictly controlled and regulated. The instrument imposes specific obligations on APC Technology Pty Ltd to comply with the Radiocommunications (Exemption) Determination 2021. Failure to meet the conditions outlined in the Determination could result in the loss of the exemption, potentially leading to legal consequences. The determination of the act's exemption status is contingent on the named person being APC Technology Pty Ltd and the instrument being in effect. Additionally, the instrument requires APC Technology Pty Ltd to ensure that any activities involving banned devices are conducted in strict adherence to the stipulated conditions. In terms of penalties and consequences for breaches, the Radiocommunications (Exemption) Determination 2021 outlines the potential civil and criminal repercussions. While the specific maximum penalties are not detailed in the instrument itself, the Determination likely includes provisions for fines, legal action, and possibly imprisonment for severe violations. It is imperative that APC Technology Pty Ltd strictly adheres to the conditions and requirements set forth to avoid any legal ramifications. The precise nature and extent of the penalties are to be found within the Radiocommunications (Exemption) Determination 2021.