Radiocommunications (Named Person –L3Harris Space and Airborne Systems Australia 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 –L3Harris Space and Airborne Systems Australia 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This instrument is repealed at the start of the day 13 December 2024.
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 was enacted by the Australian Communications and Media Authority (ACMA) to address a specific gap identified in the Radiocommunications (Exemption) Determination 2024. This legislation serves to name L3Harris Space and Airborne Systems Australia Pty Ltd as a designated entity under section 9 of the Determination. The explicit purpose is to allow the company to perform certain acts that involve banned devices, provided they adhere to the conditions outlined in the Determination. The instrument was introduced to ensure that such acts are conducted under strict regulatory oversight, thereby maintaining compliance with the overarching radiocommunications regulations. The instrument is set to commence on 28 August 2024 and will be repealed at the start of 13 December 2024, ensuring a temporary yet precise regulatory framework for the specified activities.
Scope and Application
The Radiocommunications (Named Person –L3Harris Space and Airborne Systems Australia Pty Ltd) Instrument 2024 applies specifically to L3Harris Space and Airborne Systems Australia Pty Ltd, a company identified by its Australian Company Number (ACN) 098 350 479. The Act names this entity as a designated person under section 9 of the Radiocommunications (Exemption) Determination 2024, thereby allowing it to undertake certain exempt acts involving banned devices as long as the conditions set out in the Determination are met. The instrument's geographic reach is nationwide, as it is made under the Commonwealth's authority, and it is effective from 28 August 2024 until it is repealed on 13 December 2024. Notably, this instrument does not specify any exclusions or exemptions other than those outlined in the Radiocommunications (Exemption) Determination 2024, and its application is limited to the named entity and the specified timeframe. The instrument may be extended or modified through subordinate instruments, aligning with the overarching provisions of the Determination.
Key Provisions
The Radiocommunications (Named Person – L3Harris Space and Airborne Systems Australia Pty Ltd) Instrument 2024 (sections 1 to 5) designates L3Harris Space and Airborne Systems Australia Pty Ltd as a named person under the Radiocommunications (Exemption) Determination 2024. This means that the company is identified as the only entity allowed to perform certain exempt acts involving banned devices, as per section 9 of the Determination. The instrument specifically allows L3Harris Space and Airborne Systems Australia Pty Ltd to undertake activities that would otherwise be restricted by the Radiocommunications Act 1992, provided these activities comply with the conditions set out in the Determination. The instrument takes effect on 28 August 2024 and is repealed at the start of 13 December 2024.
The obligations imposed by this instrument on L3Harris Space and Airborne Systems Australia Pty Ltd include adherence to the conditions specified in the Radiocommunications (Exemption) Determination 2024. The company must ensure that any exempt acts involving banned devices are carried out strictly in accordance with the conditions outlined in section 7 of the Determination. These conditions typically involve technical specifications, operational protocols, and other requirements necessary to mitigate any potential adverse effects on radiocommunications. Additionally, the company must maintain records and documentation to demonstrate compliance with these conditions, as required by the Determination.
Breach of the conditions specified in the Radiocommunications (Exemption) Determination 2024 can lead to serious consequences. The Radiocommunications Act 1992 includes provisions for both civil and criminal penalties for non-compliance. Civil penalties can include fines, with the maximum penalty varying based on the severity and frequency of the breach. For criminal offences, the Act provides for fines and imprisonment, with specific maximum penalties outlined in the legislation. For example, individuals found guilty of serious offences may face substantial fines and imprisonment terms of up to several years, depending on the circumstances of the breach. These penalties are intended to ensure strict adherence to the regulatory framework governing radiocommunications in Australia.