Radiocommunications (Named Person –Department 13 Pty Limited) 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: 26 August 2024
[signed]
Alex Kostic
A/g Executive Manager
Australian Communications and Media Authority
1 Name
This is the Radiocommunications (Named Person – Department 13 Pty Limited) Instrument 2024.
2 Commencement
This instrument commences on 28 August 2024.
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This instrument is repealed at the start of the day 29 October 2024.
4 Authority
This instrument is made under subclause 1(1) of Schedule 1 to the Radiocommunications (Exemption) Determination 2024.
5 Named person
Department 13 Pty Limited (ACN 693 277 571) 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 Pty Limited for the purposes of section 9 of the Determination.
Overview
The Radiocommunications (Named Person – Department 13 Pty Limited) Instrument 2024 was enacted to address a specific need under the Radiocommunications (Exemption) Determination 2024, which allows for certain exemptions related to radiocommunications activities involving banned devices. This instrument, made by the Australian Communications and Media Authority, aims to identify Department 13 Pty Limited as a named person authorised to undertake activities that would otherwise be restricted under the Determination. The intent is to ensure that only those individuals or entities explicitly named in such instruments are permitted to engage in activities involving banned devices, thereby maintaining regulatory oversight and control over such activities. This instrument commenced on 28 August 2024 and will be repealed at the start of 29 October 2024.
Scope and Application
The Radiocommunications (Named Person – Department 13 Pty Limited) Instrument 2024 applies specifically to Department 13 Pty Limited, identified by its Australian Company Number 693 277 571. This instrument names the company for the purposes of section 9 of the Radiocommunications (Exemption) Determination 2024, meaning that it can perform exempt acts involving banned devices under the specified conditions outlined in the Determination. This legislation is intended to ensure that only designated entities can engage in certain activities that might otherwise be prohibited, thereby maintaining regulatory control over radiocommunications within Australia. The instrument is applicable from its commencement date of 28 August 2024 and will remain in force until 29 October 2024, when it will be repealed. The geographic reach of this Act is national, as it pertains to the regulation of radiocommunications across Australia. There are no exclusions, exemptions, or thresholds specified in this particular instrument, but its application can be further extended or restricted through subordinate instruments made under the authority of the Radiocommunications (Exemption) Determination 2024.
Key Provisions
The main operative sections of the Radiocommunications (Named Person – Department 13 Pty Limited) Instrument 2024 specify that Department 13 Pty Limited (ACN 693 277 571) is named as the authorised entity under section 9 of the Radiocommunications (Exemption) Determination 2024 (section 5). This instrument commences on 28 August 2024 and will be repealed at the start of 29 October 2024. The authority for this instrument is provided under subclause 1(1) of Schedule 1 to the Radiocommunications (Exemption) Determination 2024. It is imperative that this instrument is registered as a notifiable instrument on the Federal Register of Legislation.
Department 13 Pty Limited is granted specific permissions under this Act to perform certain activities that would otherwise be exempt acts under the Radiocommunications (Exemption) Determination 2024. This includes the handling of banned devices, provided that the conditions specified in the Determination are met and the instrument is in force. The obligations of Department 13 Pty Limited include ensuring compliance with these conditions and adhering to the timeframes stipulated by the instrument, which are from 28 August 2024 until 29 October 2024.
Failure to comply with the conditions outlined in this instrument can result in civil or criminal penalties. The specifics of the penalties are not detailed in the text provided; however, under Australian law, breaches of communication regulations can lead to significant fines and potential imprisonment. The exact penalties would depend on the nature and severity of the breach, as well as any relevant case law or further statutory provisions.