Radiocommunications (Named Person – L3 Harris Micreo Pty Limited) Instrument 2022

Overview

The Radiocommunications (Named Person – L3 Harris Micreo Pty Limited) Instrument 2022 was enacted to address the need for specific exemptions within the Radiocommunications (Exemption) Determination 2021. This instrument was made by the Australian Communications and Media Authority under subclause 1(1) of Schedule 1 to the Radiocommunications (Exemption) Determination 2021. Its purpose is to name L3 Harris Micreo Pty Limited as the entity eligible for exemptions under section 9 of the Determination, ensuring compliance with the conditions specified for exempt acts involving banned devices. This notifiable instrument is designed to provide clarity and legal standing to the exemptions granted, facilitating adherence to the regulatory framework while allowing for specified operational activities by L3 Harris Micreo Pty Limited.

Scope and Application

The Radiocommunications (Named Person – L3 Harris Micreo Pty Limited) Instrument 2022 is a regulatory measure that applies specifically to L3 Harris Micreo Pty Limited, a named entity within the context of the Radiocommunications (Exemption) Determination 2021. This instrument is designed to specify conditions under which certain actions involving banned devices can be exempt from penalties, contingent on the entity being named in the instrument and the instrument being in force at the time of the exempt activity. The instrument has a defined lifespan, commencing at the start of the day following its registration and being repealed two years from its commencement. It is issued under the authority of subclause 1(1) of Schedule 1 to the Radiocommunications (Exemption) Determination 2021, providing a clear framework for the named entity to operate within specific legal boundaries concerning radiocommunications activities. The geographical and jurisdictional scope of this instrument is inherently tied to the Commonwealth of Australia, as it is enacted by the Australian Communications and Media Authority, a federal regulatory body. The instrument applies to the conduct of L3 Harris Micreo Pty Limited, a private entity, and its transactions related to radiocommunications within the Australian jurisdiction. While the instrument provides exemptions for the named entity, it does not specify any exclusions or exemptions beyond the scope of the named person, meaning it applies strictly to the conditions outlined for L3 Harris Micreo Pty Limited.

Key Provisions

The Radiocommunications (Named Person – L3Harris Micreo Pty Limited) Instrument 2022 (sections 1-5) establishes the naming of L3Harris Micreo Pty Limited (ACN 098 350 479) as the entity authorised to undertake specific activities involving banned devices under the Radiocommunications (Exemption) Determination 2021. This instrument is effective from the day after its registration and will remain in force for two years before being repealed (section 2 and 3). The instrument is created under the authority provided by subclause 1(1) of Schedule 1 to the Radiocommunications (Exemption) Determination 2021 (section 4), and it directly names L3Harris Micreo Pty Limited as the entity eligible to carry out certain exempt acts related to banned devices, provided that the instrument is in force at the time of the act (section 5). Under this instrument, L3Harris Micreo Pty Limited is required to comply with all conditions specified in the Radiocommunications (Exemption) Determination 2021 when performing activities involving banned devices. The entity must ensure that any act it undertakes meets the specific criteria outlined in the Determination to maintain its exempt status. Furthermore, L3Harris Micreo Pty Limited must keep accurate records and documentation to demonstrate compliance with the relevant provisions and the terms of the exemption (section 9). Failure to comply with the conditions set out in the Radiocommunications (Exemption) Determination 2021 or the terms of this instrument may result in legal consequences. If L3Harris Micreo Pty Limited engages in activities that breach the conditions, it may face penalties as stipulated by the Radiocommunications Act 1992. The maximum penalties for contravening the Act include substantial fines and, in some cases, imprisonment. The specific penalties depend on the nature and severity of the breach, with the potential for significant financial and reputational damage to the entity involved. It is also important to note that any act involving a banned device performed by an unauthorised person could result in additional legal repercussions. The Radiocommunications (Exemption) Determination 2021 provides for stringent measures to be taken against individuals or entities not named in a notifiable instrument who engage in such activities. This underscores the necessity for L3Harris Micreo Pty Limited to operate within the bounds of the exemption and the terms of this instrument to avoid any potential legal issues.