Radiocommunications (Named Person – DroneShield Group 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: 26 August 2024
[signed]
Alex Kostic
A/g Executive Manager
Australian Communications and Media Authority
1 Name
This is the Radiocommunications (Named Person – DroneShield Group Pty Ltd) 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This instrument is repealed at the start of the day 12 December 2028.
4 Authority
This instrument is made under subclause 1(1) of Schedule 1 to the Radiocommunications (Exemption) Determination 2024.
5 Named person
DroneShieldGroup Pty Ltd (ACN 668 560 610) 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 DroneShield Group Pty Ltd for the purposes of section 9 of the Determination.
Overview
The Radiocommunications (Named Person – DroneShield Group Pty Ltd) Instrument 2024 was enacted to address the need for a specific entity to be authorised for the use of banned devices under the Radiocommunications (Exemption) Determination 2024. This instrument was made by the Australian Communications and Media Authority (ACMA) under subclause 1(1) of Schedule 1 to the Radiocommunications (Exemption) Determination 2024, aiming to ensure compliance with the regulatory framework governing radiocommunications. The policy objective is to maintain a controlled environment for the use of potentially harmful radiocommunication devices by specifying a named entity that is permitted to engage in activities otherwise restricted by the Determination. This instrument is in force from 28 August 2024 and will be repealed at the start of the day 12 December 2028.
Scope and Application
The Radiocommunications (Named Person – DroneShield Group Pty Ltd) Instrument 2024 is a legislative tool designed to regulate specific activities involving radiocommunications, particularly focusing on entities that handle banned devices. This instrument applies to DroneShield Group Pty Ltd, a company identified by its Australian Company Number 668 560 610, granting it certain exemptions under the Radiocommunications (Exemption) Determination 2024. It is important to note that this exemption is contingent upon the company meeting specified conditions, including the requirement that the instrument must be in force at the time of any related activities. This instrument has a jurisdictional reach that is applicable throughout Australia, as it is made under the authority of the Australian Communications and Media Authority and is subject to national regulations. The instrument came into effect on 28 August 2024 and will be repealed on 12 December 2028 unless otherwise amended or extended by subordinate instruments.
Key Provisions
The Radiocommunications (Named Person – DroneShield Group Pty Ltd) Instrument 2024 (section 1) designates DroneShield Group Pty Ltd as the named entity under section 9 of the Radiocommunications (Exemption) Determination 2024 (section 5). This instrument commences on 28 August 2024 and will be repealed on 12 December 2028 (sections 2 and 3). It is made under subclause 1(1) of Schedule 1 to the Radiocommunications (Exemption) Determination 2024 (section 4). The primary function of this instrument is to allow DroneShield Group Pty Ltd to perform certain actions related to banned devices as an exempt act under the Determination, provided the instrument is in force and DroneShield Group Pty Ltd is named within it.
The Act imposes specific obligations on DroneShield Group Pty Ltd, ensuring that they adhere to the conditions stipulated in the Radiocommunications (Exemption) Determination 2024. They must ensure that any acts involving banned devices are carried out only if the conditions for exemption are met, including the requirement that the instrument naming them is in effect (section 9). Additionally, DroneShield Group Pty Ltd must comply with all other relevant provisions and conditions of the Determination to maintain their exemption status.
Failure to comply with the provisions of this instrument or the Radiocommunications (Exemption) Determination 2024 can result in various consequences. While specific penalties are not detailed in this instrument, breaches of the Determination could lead to legal actions, including fines or other penalties as prescribed under the Radiocommunications Act 1992. The exact penalties would depend on the nature and severity of the breach, as well as any additional legislative requirements or court rulings. The instrument’s repeal on 12 December 2028 means that DroneShield Group Pty Ltd must ensure they are in compliance until that date to avoid any potential legal repercussions.