Radiocommunications (Named Person – DroneShield Limited) Instrument 2021

Overview

The Radiocommunications (Named Person - DroneShield Limited) Instrument 2021 was enacted to address a specific gap in the regulatory framework concerning the use of banned devices in radiocommunications. This instrument, created by the Australian Communications and Media Authority (ACMA), names DroneShield Limited as a permitted entity to engage in activities involving these banned devices under certain conditions, as outlined in the Radiocommunications (Exemption) Determination 2021. The primary purpose of this instrument is to ensure that only designated entities can conduct activities that would otherwise be prohibited, thereby maintaining the integrity and security of the radiocommunications sector. The instrument is set to be in force for a period of two years from its commencement, after which it will be repealed.

Scope and Application

The Radiocommunications (Named Person – DroneShield Limited) Instrument 2021 is a legislative instrument that applies to DroneShield Limited, a named entity under section 9 of the Radiocommunications (Exemption) Determination 2021. This instrument specifies the conditions under which DroneShield Limited may engage in certain activities involving banned devices, which are exempt under the Radiocommunications (Exemption) Determination 2021. The instrument is effective from the day after its registration and is set to be repealed two years from its commencement. The authority for this instrument stems from subclause 1(1) of Schedule 1 to the Radiocommunications (Exemption) Determination 2021. The instrument does not specify exclusions, exemptions, or thresholds beyond those already outlined in the Radiocommunications (Exemption) Determination 2021. The geographic reach of this instrument is national, applying across all jurisdictions in Australia. Any further application or restrictions are governed by the overarching determination and subordinate instruments, which may extend or restrict the scope of this specific notifiable instrument.

Key Provisions

The Radiocommunications (Named Person – DroneShield Limited) Instrument 2021 primarily names DroneShield Limited as the entity that can legally carry out certain exempt acts involving a banned device, as specified under section 9 of the Radiocommunications (Exemption) Determination 2021. This means that DroneShield Limited is authorised to perform these acts only if the instrument is in force at the time of the activity (section 5). The instrument will come into effect the day after it is registered and will be in force until it is repealed, which is scheduled to happen two years after its commencement (sections 2 and 3). DroneShield Limited, as the named entity, has specific obligations under this instrument. They must ensure that all activities involving banned devices are conducted in accordance with the conditions outlined in the Radiocommunications (Exemption) Determination 2021. This includes adhering to any specified conditions or requirements that pertain to their status as a named person (section 9). Furthermore, DroneShield Limited must remain compliant with any additional terms and conditions imposed by the relevant authorities to maintain their status and the validity of the exemption. Failure to comply with the conditions set out in the Radiocommunications (Exemption) Determination 2021 or this instrument can result in various consequences. For instance, if DroneShield Limited engages in activities that are not permitted under the terms of the exemption, they may face legal repercussions. The specific penalties for breaches are detailed in the Radiocommunications (Exemption) Determination 2021, which may include fines or other civil or criminal sanctions. The exact penalties can vary depending on the nature and severity of the breach, but they are designed to enforce compliance and uphold the regulatory framework governing radiocommunications.