Radiocommunications (Named Person – Department 13 Pty Limited) Instrument 2022

Overview

The Radiocommunications (Named Person – Department 13 Pty Limited) Instrument 2022 was introduced by the Australian Communications and Media Authority (ACMA) under subclause 1(1) of Schedule 1 to the Radiocommunications (Exemption) Determination 2021. This instrument addresses a specific gap in the legislative framework by naming Department 13 Pty Limited as an authorised entity to conduct certain exempt acts involving banned devices, thereby ensuring compliance with the Radiocommunications Act 1992 and its associated regulations. The instrument aims to facilitate legitimate activities that would otherwise be restricted, while maintaining the overarching objective of protecting the public from the potential hazards of unauthorised radiocommunications equipment. This notifiable instrument, which is subject to automatic repeal after two years, underscores the ACMA's commitment to upholding the standards and safety measures outlined in the Radiocommunications Act. The Radiocommunications (Named Person – Department 13 Pty Limited) Instrument 2022 is a pragmatic response to the need for flexibility in the regulatory environment, allowing authorised entities like Department 13 Pty Limited to engage in activities that would otherwise be prohibited under the Radiocommunications (Exemption) Determination 2021. By naming the company as an authorised person, the instrument ensures that these activities can proceed within the bounds of the law, thereby promoting the efficient and safe use of radiocommunications services in Australia. This legislative measure exemplifies the ACMA's role in balancing regulatory oversight with the need for innovation and operational flexibility in the telecommunications sector.

Scope and Application

The Radiocommunications (Named Person – Department 13 Pty Limited) Instrument 2022 applies to Department 13 Pty Limited, identified by its Australian Company Number 639 277 571, as a named person under section 9 of the Radiocommunications (Exemption) Determination 2021. This instrument allows the company to engage in acts involving banned devices under the Determination, provided that specific conditions are met and the instrument is in force at the time of the act. The instrument operates within the Commonwealth jurisdiction and its provisions are applicable to any actions or transactions conducted by Department 13 Pty Limited that involve radiocommunications and banned devices. The instrument has a limited lifespan, being repealed two years after its commencement, and any further extension or modification of its application would require additional legislative action. There are no explicit exclusions or exemptions stated within the text of the instrument itself, but compliance with the conditions outlined in the Radiocommunications (Exemption) Determination 2021 is necessary for its application.

Key Provisions

The Radiocommunications (Named Person – Department 13 Pty Limited) Instrument 2022 (section 1) is a notifiable instrument that designates Department 13 Pty Ltd as a named person for the purposes of section 9 of the Radiocommunications (Exemption) Determination 2021. This instrument was made under subclause 1(1) of Schedule 1 to the Radiocommunications (Exemption) Determination 2021 (section 4). The instrument comes into effect on the day after it is registered (section 2) and will be repealed two years after its commencement (section 3). The named person, Department 13 Pty Ltd, must comply with certain obligations and requirements as outlined in the Radiocommunications (Exemption) Determination 2021. The Determination specifies certain conditions that must be met for an act to be an exempt act (section 7). One such condition is that a person must only engage in the act if they are named in a notifiable instrument made under subclause 1(1) of Schedule 1 to the Determination, and the instrument is in force at the time the act is carried out (section 9). Therefore, Department 13 Pty Ltd must ensure that they meet the specified conditions and maintain compliance with the Determination to avoid any legal repercussions. Failure to comply with the provisions of the Radiocommunications (Exemption) Determination 2021 or the Radiocommunications (Named Person – Department 13 Pty Limited) Instrument 2022 may result in civil or criminal consequences. The Determination and the Instrument provide for various offences, and the penalties for breach may include fines, imprisonment, or both. However, the specific maximum penalties for each offence are not mentioned in the Instrument. It is essential for Department 13 Pty Ltd to understand and adhere to the requirements set forth in the Determination and Instrument to avoid any legal consequences that may arise from non-compliance.