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Radiocommunications (Named Person – L3Harris Space and Airborne Systems Australia Pty Ltd) Instrument 2024 No. 2
The Australian Communications and Media Authority makes the following instrument under subclause 1(1) of Schedule 1 to the Radiocommunications (Exemption) Determination 2024.
Dated: 21 November 2024
Alex Kostic
[signed]
A/g Executive Manager
Australian Communications and Media Authority
1 Name
This is the Radiocommunications (Named Person – L3Harris Space and Airborne Systems Australia Pty Ltd) Instrument 2024 No.2.
2 Commencement
This instrument commences at the start of the day 13 December 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This instrument is repealed at the start of the day 13 December 2027.
4 Authority
This instrument is made under subclause 1(1) of Schedule 1 to the Radiocommunications (Exemption) Determination 2024.
5 Named person
L3Harris Space and Airborne Systems Australia Pty Ltd (ACN 098 350 479) 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 L3Harris Space and Airborne Systems Australia Pty Ltd for the purposes of section 9 of the Determination.
Overview
The Radiocommunications (Named Person – L3Harris Space and Airborne Systems Australia Pty Ltd) Instrument 2024 No. 2 was enacted to address the specific regulatory needs associated with certain radiocommunication activities involving banned devices, as outlined in 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 Determination. It aims to ensure that only designated entities, such as L3Harris Space and Airborne Systems Australia Pty Ltd, can undertake activities that are otherwise exempt but require specific authorisation due to their nature and potential impact on radiocommunications. The instrument is designed to maintain regulatory oversight while facilitating necessary activities within a controlled and compliant framework. It is scheduled to commence on 13 December 2024 and will be repealed on 13 December 2027.
Scope and Application
The Radiocommunications (Named Person – L3Harris Space and Airborne Systems Australia Pty Ltd) Instrument 2024 No.2 applies specifically to L3Harris Space and Airborne Systems Australia Pty Ltd, a corporation identified by its Australian Company Number 098 350 479. This instrument, which is subject to the Radiocommunications (Exemption) Determination 2024, designates the company as a named person under section 9 of the Determination, thereby permitting it to undertake acts involving banned devices, subject to the conditions outlined in the Determination. The instrument is designed to ensure that the company's activities comply with the specific exemptions provided under the Determination. The instrument has a limited geographic reach, applying within the Commonwealth of Australia and is in force from 13 December 2024 until its repeal on 13 December 2027. The instrument does not specify any exclusions or exemptions beyond what is defined in the Radiocommunications (Exemption) Determination 2024. It extends the application of the Determination by naming L3Harris Space and Airborne Systems Australia Pty Ltd as a permitted entity for certain activities, thereby facilitating compliance with national radiocommunications regulations.
Key Provisions
The Radiocommunications (Named Person – L3Harris Space and Airborne Systems Australia Pty Ltd) Instrument 2024 No.2 (the Instrument) is a notifiable instrument that names L3Harris Space and Airborne Systems Australia Pty Ltd as a permitted entity for certain activities involving radiocommunications. This instrument is made under subclause 1(1) of Schedule 1 to the Radiocommunications (Exemption) Determination 2024 and comes into effect on 13 December 2024. The Instrument will be repealed on 13 December 2027 unless further action is taken. The primary operative section of this Instrument is section 5, which names L3Harris Space and Airborne Systems Australia Pty Ltd (ACN 098 350 479) as the entity permitted to perform certain exempt acts under the Radiocommunications (Exemption) Determination 2024.
The Instrument imposes specific obligations on L3Harris Space and Airborne Systems Australia Pty Ltd. It requires the entity to comply with all conditions stipulated in the Radiocommunications (Exemption) Determination 2024 to be considered for exempt acts. This includes adhering to any specific conditions or limitations set out in the Determination regarding the use of radiocommunications equipment, such as banned devices. Furthermore, the Instrument mandates that any activities involving radiocommunications by L3Harris Space and Airborne Systems Australia Pty Ltd must be conducted while the Instrument is in force. Any deviation from the conditions set forth in the Determination or failure to comply with the Instrument could render the activities non-exempt and subject to further regulatory scrutiny.
In the event of non-compliance with the provisions of the Instrument, the Radiocommunications (Exemption) Determination 2024 outlines potential consequences. While the Instrument itself does not explicitly state the penalties, any breach of the conditions under the Determination could lead to enforcement actions. These may include administrative penalties, fines, or other sanctions as prescribed by the Radiocommunications Act 1992. The exact penalties would be determined based on the nature and severity of the breach, in accordance with the broader legislative framework governing radiocommunications in Australia. Therefore, it is imperative for L3Harris Space and Airborne Systems Australia Pty Ltd to meticulously adhere to the requirements set out in the Determination to avoid any legal repercussions.