Radiocommunications (Named Person – APC Technology Pty Ltd) Instrument 2024

Overview

The Radiocommunications (Named Person – APC Technology Pty Ltd) Instrument 2024, enacted by the Australian Communications and Media Authority, was introduced to address the specific need of identifying and regulating entities involved in the use of banned devices under the Radiocommunications (Exemption) Determination 2024. This instrument names APC Technology Pty Ltd as a designated entity allowed to engage in activities involving banned devices, provided they meet the conditions outlined in the Determination. The objective of this legislation is to ensure compliance with the Radiocommunications Act 1992 by providing a clear framework for entities that may otherwise be involved in activities restricted by the Act. The instrument is set to commence on 28 August 2024 and will be repealed on 29 September 2025, providing a temporary measure to address the regulatory gap identified in the broader legislative context.

Scope and Application

The Radiocommunications (Named Person – APC Technology Pty Ltd) Instrument 2024 applies specifically to APC Technology Pty Ltd, identified by its Australian Company Number 008 044 451, for the purposes of section 9 of the Radiocommunications (Exemption) Determination 2024. This means that APC Technology Pty Ltd is named as a person who can undertake certain activities that would otherwise be exempt under the Determination, provided specific conditions are met. These activities likely involve the use of banned devices in radiocommunications, and the exemption is contingent on APC Technology Pty Ltd being named in this instrument, which is in force at the time of the activity. The instrument has a limited geographic reach as it pertains to Commonwealth jurisdiction, applying specifically to entities operating within Australia. The instrument commences on 28 August 2024 and will be repealed on 29 September 2025 unless otherwise extended by subordinate legislation. It is made under the authority of subclause 1(1) of Schedule 1 to the Radiocommunications (Exemption) Determination 2024, indicating that its scope and application are tightly bound to the broader legislative framework governing radiocommunications in Australia.

Key Provisions

The Radiocommunications (Named Person – APC Technology Pty Ltd) Instrument 2024 (section 5) specifies that APC Technology Pty Ltd (ACN 008 044 451) is named as a person who can engage in certain activities involving radiocommunications devices that would otherwise be prohibited under the Radiocommunications (Exemption) Determination 2024 (section 7). This naming is essential for the company to perform exempt acts under the Determination, provided all conditions are met. The Instrument outlines that APC Technology Pty Ltd can only undertake these activities if they are specifically named and the Instrument is in force at the time of the act. Under this Instrument, APC Technology Pty Ltd is granted specific obligations and requirements. They must adhere to the conditions stipulated in the Radiocommunications (Exemption) Determination 2024 to remain compliant. This includes ensuring that any activities involving banned devices are conducted in accordance with the law and that they maintain all necessary documentation and certifications. Furthermore, they are required to report any changes in their operations or activities to the Australian Communications and Media Authority (ACMA) as needed. Compliance with these obligations is crucial to avoid any legal repercussions and to ensure the continued validity of their exemption. The Instrument also stipulates the consequences for non-compliance. Breaches of the conditions set out in the Radiocommunications (Exemption) Determination 2024 can result in significant penalties. The exact nature and severity of these penalties are detailed within the Determination itself. Typically, breaches may lead to fines, enforcement actions, or even criminal charges, depending on the severity of the violation. It is imperative for APC Technology Pty Ltd to remain vigilant and compliant with all regulatory requirements to avoid these potential penalties and maintain their exemption status.