Radiocommunications (Named Person – Department 13 International Pty Ltd) Instrument 2024
The Australian Communications and Media Authority makes the following instrument under subclause 1(1) of Schedule 1 to the Radiocommunications (Exemption) Determination 2024.
Dated: 21 October 2024
[signed]
Alex Kostic
A/g Executive Manager
Australian Communications and Media Authority
1 Name
This is the Radiocommunications (Named Person – Department 13 International Pty Ltd) Instrument 2024.
2 Commencement
This instrument commences at the start of the day after the day it is registered.
Note: This instrument is to be registered as a notifiable instrument on the Federal Register of Legislation, which may be accessed free of charge at www.legislation.gov.au.
3 Repeal of this instrument
This instrument is repealed at the start of the day that is the second anniversary of the day it commences.
4 Authority
This instrument is made under subclause 1(1) of Schedule 1 to the Radiocommunications (Exemption) Determination 2024.
5 Named person
Department 13 International Pty Ltd (ACN 639 277 571) is named for the purposes of section 9 of the Radiocommunications (Exemption) Determination 2024.
Note: The Radiocommunications (Exemption) Determination 2024 (the Determination) specifies certain conditions that must be met in order for an act to be an exempt act under the Determination (section 7). One of the conditions of an exemption under any item of the table in section 7, in relation to an act involving a banned device, is that a person must only do the act if the person is named in a notifiable instrument made under subclause 1(1) of Schedule 1 to the Determination, and at the time the person does the act, the notifiable instrument is in force (section 9). This instrument names Department 13 International Pty Ltd for the purposes of section 9 of the Determination.
Overview
The Radiocommunications (Named Person – Department 13 International Pty Ltd) Instrument 2024 was enacted to address a specific need within the regulatory framework of radiocommunications in Australia. This notifiable instrument, created under the auspices of the Australian Communications and Media Authority (ACMA), designates Department 13 International Pty Ltd as a named person under the Radiocommunications (Exemption) Determination 2024. This designation is integral to ensuring that certain activities involving banned devices are carried out in compliance with the exemption conditions specified in the Determination. The policy objective of this instrument is to maintain the integrity of Australia's radiocommunications regulations by ensuring that only authorised individuals or entities can perform exempt acts involving banned devices, thereby preventing potential misuse and ensuring adherence to legislative standards. This instrument, which comes into force on the day following its registration and will be repealed two years thereafter, serves to provide clarity and legal certainty to the operations of Department 13 International Pty Ltd within the specified regulatory environment.
Scope and Application
The Radiocommunications (Named Person – Department 13 International Pty Ltd) Instrument 2024, issued by the Australian Communications and Media Authority (ACMA), applies specifically to Department 13 International Pty Ltd, identified by its Australian Company Number (ACN) 639 277 571. This instrument is made under subclause 1(1) of Schedule 1 to the Radiocommunications (Exemption) Determination 2024, and its primary purpose is to name Department 13 International Pty Ltd for the purposes of section 9 of the Determination. This naming is contingent upon the company meeting certain conditions outlined in the Determination, particularly those related to exempt acts involving banned devices. The instrument is in force from the day after its registration and will be repealed two years from its commencement. It has a national reach, as it is issued under Commonwealth legislation and is applicable across Australia. This instrument does not extend or restrict its application through subordinate instruments, serving solely to name the specified entity for the purposes of the Determination.
Key Provisions
The Radiocommunications (Named Person – Department 13 International Pty Ltd) Instrument 2024 (sections 1-5) designates Department 13 International Pty Ltd as the named entity for the purposes of section 9 of the Radiocommunications (Exemption) Determination 2024. This designation is pivotal as it allows the company to perform certain acts related to banned devices, provided that the Radiocommunications (Exemption) Determination 2024 specifies the conditions for exemption and that these conditions are met. This instrument will be in effect from the day after its registration on the Federal Register of Legislation and will automatically repeal itself two years after its commencement date (sections 2 and 3).
Entities governed by this instrument, specifically Department 13 International Pty Ltd, must ensure they adhere to all conditions outlined in the Radiocommunications (Exemption) Determination 2024. These conditions are crucial to maintain the exemption status for certain activities involving banned devices. The company must also ensure that the notifiable instrument remains in force during the performance of any exempt activities. Failure to comply with these conditions may result in the exemption no longer applying, thereby subjecting the entity to regulatory scrutiny and potential penalties.
In the event of a breach of the conditions set out in the Radiocommunications (Exemption) Determination 2024 or non-compliance with the requirements of this instrument, the entity may face significant legal consequences. The nature of these consequences will depend on the specifics of the breach, but they could include civil penalties or criminal charges. The exact penalties are not detailed in this instrument but would typically be determined by the applicable laws and regulations governing radiocommunications and exemptions in Australia.