Radiocommunications (Named Person - Tresmine Pty Ltd) Instrument 2025
The Australian Communications and Media Authority makes the following instrument under subclause 1(1) of Schedule 1 to the Radiocommunications (Exemption) Determination 2024.
Dated: 29 April 2025
[signed]
Robert Crofts
Executive Manager
Australian Communications and Media Authority
1 Name
This is the Radiocommunications (Named Person – Tresmine Pty Ltd) Instrument 2025.
2 Commencement
This instrument commences at the start of the day after the day it is registered.
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This instrument is repealed at the start of the day that is the second anniversary of the day it commences.
4 Authority
This instrument is made under subclause 1(1) of Schedule 1 to the Radiocommunications (Exemption) Determination 2024.
5 Named person
Tresmine Pty Ltd (ACN 003 364 056) is named for the purposes of section 9 of the Radiocommunications (Exemption) Determination 2024.
Note 1: At the time this instrument was made, Tresmine Pty Ltd traded as Circuitwise Electronics (ABN 90 003 364 056)
Note 2: 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 Tresmine Pty Ltd for the purposes of section 9 of the Determination.
Overview
The Radiocommunications (Named Person – Tresmine Pty Ltd) Instrument 2025 was introduced to address a specific gap in the regulatory framework concerning the use of banned devices under the Radiocommunications (Exemption) Determination 2024. Enacted by the Australian Communications and Media Authority, this instrument aims to ensure that only designated entities can perform certain exempt acts involving such devices. The policy objective is to maintain regulatory control and compliance over the use of banned devices, thereby safeguarding the integrity of the radiocommunications sector in Australia. The instrument is set to be repealed two years after its commencement, reflecting its temporary nature and the intent to periodically review compliance and the need for such exemptions.
Scope and Application
The Radiocommunications (Named Person – Tresmine Pty Ltd) Instrument 2025 applies specifically to Tresmine Pty Ltd, which at the time of the instrument's creation traded as Circuitwise Electronics. The instrument names Tresmine Pty Ltd for the purposes of section 9 of the Radiocommunications (Exemption) Determination 2024, thus allowing the company to undertake certain acts involving banned devices under the Determination, provided specific conditions are met. The instrument operates within the regulatory framework established by the Radiocommunications (Exemption) Determination 2024 and is applicable until it is repealed two years after its commencement. This instrument is designed to ensure that Tresmine Pty Ltd complies with the conditions set forth in the Determination for engaging in activities that would otherwise be prohibited. The geographic reach of this instrument is nationwide, applying across all jurisdictions in Australia as it is a Commonwealth instrument. The instrument does not explicitly state any exclusions or exemptions beyond those already outlined in the Radiocommunications (Exemption) Determination 2024.
Key Provisions
The Radiocommunications (Named Person – Tresmine Pty Ltd) Instrument 2025 is a notifiable instrument that designates Tresmine Pty Ltd (ACN 003 364 056) as a named person for the purposes of section 9 of the Radiocommunications (Exemption) Determination 2024. This means that Tresmine Pty Ltd is the only entity authorised to perform certain exempt acts under the Determination, specifically those involving a banned device (section 5). The instrument takes effect the day after its registration and will be repealed two years from its commencement.
Under this instrument, Tresmine Pty Ltd is granted a specific exemption to perform acts that would otherwise be prohibited by the Radiocommunications (Exemption) Determination 2024. To maintain compliance, Tresmine Pty Ltd must adhere to the conditions specified in the Determination, including the requirement that any exempt act involving a banned device can only be performed if the Radiocommunications (Named Person – Tresmine Pty Ltd) Instrument 2025 is in force at the time of the act (section 9). This ensures that Tresmine Pty Ltd's activities are strictly regulated and authorised by the instrument.
Tresmine Pty Ltd, as the named person, is subject to certain obligations and requirements. They must ensure that any exempt act they perform is within the scope of the conditions specified in the Radiocommunications (Exemption) Determination 2024. This includes maintaining records and documentation to demonstrate compliance with the Determination's conditions. Tresmine Pty Ltd must also notify the Australian Communications and Media Authority of any changes to their operations that may affect their compliance status.
Failure to comply with the conditions of the Radiocommunications (Exemption) Determination 2024, or the terms of the Radiocommunications (Named Person – Tresmine Pty Ltd) Instrument 2025, may result in civil or criminal penalties. The exact penalties are not specified in the instrument but could include fines or other enforcement actions. Tresmine Pty Ltd must therefore ensure that they adhere to all requirements and maintain compliance to avoid any potential legal repercussions.