Radiocommunications (Named Person – DroneShield Group Pty Ltd) Instrument 2023
The Australian Communications and Media Authority makes the following instrument under subclause 1(1) of Schedule 1 to the Radiocommunications (Exemption) Determination 2021.
Dated: 7 December 2023
[signed]
Rachel Blackwood
Executive Manager
Australian Communications and Media Authority
1 Name
This is the Radiocommunications (Named Person – DroneShield Group Pty Ltd) Instrument 2023.
2 Commencement
This instrument commences on 14 December 2023.
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This instrument is repealed at the start of the day 28 August 2024.
4 Authority
This instrument is made under subclause 1(1) of Schedule 1 to the Radiocommunications (Exemption) Determination 2021.
5 Named person
DroneShield Group Pty Ltd (ACN 668 560 610) is named for the purposes of section 9 of the Radiocommunications (Exemption) Determination 2021.
Note: The Radiocommunications (Exemption) Determination 2021 (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 DroneShield Group Pty Ltd for the purposes of section 9 of the Determination.
Overview
The Radiocommunications (Named Person – DroneShield Group Pty Ltd) Instrument 2023 was enacted to provide clarity and specificity in the application of the Radiocommunications (Exemption) Determination 2021, which outlines conditions under which certain radiocommunication activities are exempt from licensing requirements. This instrument addresses the need to designate a specific entity, in this case DroneShield Group Pty Ltd, to handle activities involving banned devices as part of the broader regulatory framework for radiocommunications in Australia. The Australian Communications and Media Authority, as the enacting body, aims to ensure that the exemption conditions are applied consistently and transparently. This instrument was introduced to fill a regulatory gap by formally naming DroneShield Group Pty Ltd as the entity authorised to conduct exempt activities under the specified conditions, thereby providing legal certainty and operational guidance in compliance with the overarching Radiocommunications Act 1992.
Scope and Application
The Radiocommunications (Named Person – DroneShield Group Pty Ltd) Instrument 2023 applies to DroneShield Group Pty Ltd, a specified entity, for the purposes of section 9 of the Radiocommunications (Exemption) Determination 2021. This legislation allows DroneShield Group Pty Ltd to undertake acts involving banned radiocommunications devices under the Radiocommunications Act 1992, provided certain conditions are met and the act is exempt under the Determination. The instrument has a national jurisdictional reach, applying throughout Australia, and comes into effect on 14 December 2023, and is set to be repealed on 28 August 2024. The instrument extends the application of the Radiocommunications (Exemption) Determination 2021 by specifically naming DroneShield Group Pty Ltd as an entity eligible for exemption under certain conditions relating to banned devices. This legislative instrument does not explicitly state any exclusions, exemptions, or thresholds beyond what is specified in the Radiocommunications (Exemption) Determination 2021 itself.
Key Provisions
The main operative sections of the Radiocommunications (Named Person – DroneShield Group Pty Ltd) Instrument 2023 (the Instrument) are section 5, which names DroneShield Group Pty Ltd as the entity eligible to perform certain exempt activities under the Radiocommunications (Exemption) Determination 2021, and section 4, which provides the legal authority for the creation of the Instrument. Section 2 sets out the commencement date of the Instrument, while section 3 specifies that the Instrument will be repealed at the start of 28 August 2024.
The Instrument imposes specific obligations on DroneShield Group Pty Ltd, requiring them to adhere to the conditions stipulated in the Radiocommunications (Exemption) Determination 2021 when performing exempt activities involving banned devices. This includes ensuring that the Instrument is in force at the time the exempt act is performed, as per section 9 of the Determination. Essentially, DroneShield Group Pty Ltd must act within the legal parameters set by the Determination, which include any additional conditions that may apply to their specific activities.
Failure to comply with the conditions set out in the Radiocommunications (Exemption) Determination 2021 or the terms of the Instrument could result in both civil and criminal consequences. While the Instrument itself does not specify particular penalties, breaches of the Determination could lead to enforcement actions by the Australian Communications and Media Authority, potentially including fines or other sanctions. It is important for DroneShield Group Pty Ltd to remain compliant to avoid any adverse legal repercussions.
The Instrument is designed to be a temporary measure, with its repeal effective from the start of 28 August 2024. This temporal nature implies that DroneShield Group Pty Ltd must ensure compliance until the Instrument expires, after which the conditions for exempt activities involving banned devices may change or require different authorisation. The Instrument's expiration also highlights the need for DroneShield Group Pty Ltd to stay informed about any future legislative changes that may impact their operations.