Radiocommunications (Section 193 Permission for Department 13 International Pty Ltd) Instrument 2024
The Australian Communications and Media Authority makes the following instrument under subsection 193(1) of the Radiocommunications Act 1992.
Dated: 21 October 2024
[signed]
Alex Kostic
A/g Executive Manager
Australian Communications and Media Authority
1 Name
This is the Radiocommunications (Section 193 Permission for Department 13 International Pty Ltd) Instrument 2024.
2 Commencement
This instrument commences at the start of the day 29 October 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This instrument is repealed at the start of the day that is 29 October 2026.
4 Authority
This instrument is made under subsection 193(1) of the Radiocommunications Act 1992.
5 Definitions
- In this instrument the terms ACMA, frequency band, interfere, radiocommunications and transmitter have the meanings given to those terms in the Radiocommunications Act 1992.
- In this instrument relevant carrier means each of:
(a) Optus Mobile Limited (ACN 054 365 696);
(b) Telstra Limited (ACN 086 174 781);
(c) TPG Telecom Limited (ACN 096 304 620).
6 Permission
- Department 13 International Pty Ltd (ACN 639 277 571) (Department 13) is permitted to use a transmitter in a way which it knows is likely to interfere substantially with radiocommunications carried on by or on behalf of the Australian Federal Police in the circumstances set out in subsection (2).
- For the purposes of subsection (1), all of the following circumstances must exist:
- the use of the transmitter must occur within a one-kilometre radius of the point which is 35.31605 degrees South, 148.97680 degrees East (GDA94 datum);
- the use must be for the purpose of Department 13:
- testing or demonstrating the effects of transmitters on radiocommunications on behalf of the Australian Federal Police; or
- undertaking research into, or the development of, transmitters on behalf of the Australian Federal Police;
- at least 14 days prior to the use occurring Department 13 must have given written notice of the intended use to the ACMA and to each relevant carrier, which notice must specify:
- the date on which the transmitter will be used;
- the period for which the transmitter will be used;
- the frequency band or bands on which the transmitter will be operating.
Note: Under the Radiocommunications (Exemption) Determination 2024 (the Determination) an entity can be exempted from certain obligations arising under the Radiocommunications Act 1992 (the Act) not to operate a banned device. In some circumstances – broadly described as “open-air testing” – that exemption can only be relied upon if there is an applicable written permission from the ACMA given under section 193 of the Act (see subsection 10(4) of the Determination). This instrument provides such a permission for Department 13 International Pty Ltd, applying in the circumstances set out in subsection 6(2).
- For the avoidance of doubt, written notice given for the purposes of paragraph (2)(c) may be given before or after this instrument commenced.
Overview
The Radiocommunications (Section 193 Permission for Department 13 International Pty Ltd) Instrument 2024, enacted by the Australian Communications and Media Authority (ACMA) under subsection 193(1) of the Radiocommunications Act 1992, was introduced to address the need for specific permissions in the radiocommunications sector. This instrument allows Department 13 International Pty Ltd to use a transmitter in a manner likely to interfere with radiocommunications carried on by or on behalf of the Australian Federal Police, provided certain conditions are met. These conditions include conducting activities within a one-kilometre radius of a specified location, engaging in activities such as testing or research on transmitters on behalf of the Australian Federal Police, and providing written notice to the ACMA and relevant carriers at least 14 days prior to the transmitter use. This legislative instrument ensures that such interference is permitted only under controlled circumstances, thereby balancing the need for testing and research with the protection of critical communications.
The policy objective behind this instrument is to facilitate necessary activities that contribute to the development and testing of radiocommunications equipment while ensuring that such activities do not unduly disrupt essential services, such as those provided by the Australian Federal Police. By providing a clear framework for when and how such interference is permissible, the instrument aims to promote innovation and research in the radiocommunications sector while maintaining the integrity and reliability of critical communications.
Scope and Application
The Radiocommunications (Section 193 Permission for Department 13 International Pty Ltd) Instrument 2024 applies to Department 13 International Pty Ltd, allowing the company to use a transmitter within a specified radius in a manner that knowingly interferes with radiocommunications used by or on behalf of the Australian Federal Police. This permission is strictly limited to activities undertaken for the purposes of testing, demonstrating, or developing transmitters on behalf of the Australian Federal Police. The instrument delineates the geographical scope to a one-kilometre radius around a specific point, determined by precise coordinates. The instrument is a Commonwealth regulation made under the Radiocommunications Act 1992, and it specifies that it applies to three relevant carriers: Optus Mobile Limited, Telstra Limited, and TPG Telecom Limited. The permission requires Department 13 International Pty Ltd to provide prior written notice to the Australian Communications and Media Authority and each relevant carrier at least 14 days before using the transmitter. The notice must include the date and duration of the transmitter use, along with the frequency bands to be employed. The instrument is effective from 29 October 2024 until it is repealed on 29 October 2026.
Key Provisions
The Radiocommunications (Section 193 Permission for Department 13 International Pty Ltd) Instrument 2024 primarily grants Department 13 International Pty Ltd (ACN 639 277 571) permission to use a transmitter in a manner that knowingly causes substantial interference with radiocommunications operated by or on behalf of the Australian Federal Police, under specific conditions (section 6). This permission is contingent on the use occurring within a one-kilometre radius of a specified geographic point (35.31605 degrees South, 148.97680 degrees East, GDA94 datum), and the activities being either for testing or demonstrating the effects of transmitters on radiocommunications, or for research and development of transmitters, all on behalf of the Australian Federal Police (subsection 6(2)). Additionally, Department 13 must provide written notice to the Australian Communications and Media Authority (ACMA) and relevant carriers at least 14 days prior to the transmitter's use, detailing the date, duration, and frequency band of the intended operation (subsection 6(2)).
The instrument imposes several obligations on Department 13 International Pty Ltd. Firstly, they must ensure that the use of the transmitter is strictly for the purposes of testing, demonstrating, or researching transmitters on behalf of the Australian Federal Police, and within the defined geographical limits (section 6). Secondly, they must give written notice to the ACMA and relevant carriers (Optus Mobile Limited, Telstra Limited, and TPG Telecom Limited) at least 14 days before the transmitter's use, containing specific details such as the date, duration, and frequency band of the operation (subsection 6(2)). These obligations are designed to mitigate potential interference with the radiocommunications of the Australian Federal Police and other relevant carriers.
There are no explicit offences, penalties, or consequences outlined in the instrument itself for breach of its provisions. However, any breach of the conditions under which this permission is granted could potentially lead to enforcement actions under the overarching Radiocommunications Act 1992, which includes administrative penalties, court orders, or other sanctions as deemed appropriate by the relevant authorities. The instrument notes that it is made under subsection 193(1) of the Radiocommunications Act 1992, and any misuse or failure to comply with the terms could be subject to the broader legal framework governing radiocommunications in Australia.