Radiocommunications (Section 193 Permission for Department 13 Pty Limited) Instrument 2022
The Australian Communications and Media Authority makes the following instrument under subsection 193(1) of the Radiocommunications Act 1992.
Dated: 26 October 2022
Rachel Blackwood
[signed]
Executive Manager
Australian Communications and Media Authority
1 Name
This is the Radiocommunications (Section 193 Permission for Department 13 Pty Limited) Instrument 2022.
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This instrument is repealed at the start of the day that is the second anniversary of the day it commences.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 subsection 193(1) of the Radiocommunications Act 1992.
5 Definitions
(1) In this instrument the terms ACMA, frequency band, interfere, radiocommunications and transmitter have the meanings given to those terms in the Radiocommunications Act 1992.
(2) 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 (ACCN 096 304 620).
6 Permission
(1) Department 13 Pty Limited (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).
(2) For the purposes of subsection (1), all of the following circumstances must exist:
(a) 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);
(b) the use must be for the purpose of Department 13:
(i) testing or demonstrating the effects of transmitters on radiocommunications on behalf of the Australian Federal Police; or
(ii) undertaking research into, or the development of, transmitters on behalf of the Australian Federal Police;
(c) 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:
(i) the date on which the transmitter will be used;
(ii) the period for which the transmitter will be used;
(iii) the frequency band or bands on which the transmitter will be operating.
Note: Under the Radiocommunications (Exemption) Determination 2021 (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 Pty Limited, applying in the circumstances set out in subsection 6(2).
Overview
The Radiocommunications (Section 193 Permission for Department 13 Pty Limited) Instrument 2022 was enacted to address the need for specific permissions under the Radiocommunications Act 1992 for certain activities that may interfere with radiocommunications, particularly those carried out by or on behalf of the Australian Federal Police. This notifiable instrument was created by the Australian Communications and Media Authority (ACMA) under subsection 193(1) of the Radiocommunications Act 1992. The policy objective of this instrument is to allow Department 13 Pty Limited to use a transmitter in a manner that may interfere substantially with radiocommunications of the Australian Federal Police, but only under strict conditions and with prior notification to the ACMA and relevant carriers. This ensures that any potential interference is managed and minimised while still allowing for necessary testing, demonstration, and research activities to be conducted.
Scope and Application
The Radiocommunications (Section 193 Permission for Department 13 Pty Limited) Instrument 2022 is a notifiable instrument made under the Radiocommunications Act 1992, providing specific permission to Department 13 Pty Limited to operate a transmitter in a manner likely to interfere substantially with radiocommunications used by or on behalf of the Australian Federal Police. This permission is strictly conditional and applies only within a one-kilometre radius of a specific geographical location, namely the point at 35.31605 degrees South, 148.97680 degrees East (GDA94 datum), and must be for the purpose of testing or developing transmitters on behalf of the Australian Federal Police. The instrument also mandates that Department 13 must provide written notice to the Australian Communications and Media Authority (ACMA) and to specified relevant carriers at least 14 days before the intended use, detailing the date, duration, and frequency bands of the transmitter's operation. This instrument is of Commonwealth reach and is repealed two years after its commencement. Its scope is limited to the specified entity and circumstances, and it does not extend to other entities or situations without explicit permission or exemption under the Act.
Key Provisions
The Radiocommunications (Section 193 Permission for Department 13 Pty Limited) Instrument 2022 grants Department 13 Pty Limited (ACN 639 277 571) permission to use a transmitter in a manner that is likely to interfere with radiocommunications carried on by or on behalf of the Australian Federal Police (sections 5 and 6). This permission is contingent on specific circumstances being met, which include the transmitter's use within a one-kilometre radius of a specified point, the purpose being either to test or demonstrate the effects of transmitters on radiocommunications, or to undertake research and development of transmitters on behalf of the Australian Federal Police (section 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, period, and frequency band(s) of operation (section 6(2)(c)(i)-(iii)).
The instrument imposes obligations on Department 13 to ensure compliance with the conditions set out in the permission. Specifically, the use of the transmitter must adhere to the geographical and temporal parameters outlined in the notice provided to the ACMA and relevant carriers. Furthermore, Department 13 must ensure that the transmitter operates within the specified frequency bands and for the period mentioned in the notice. Failure to comply with these obligations could result in unintended interference with radiocommunications, potentially affecting the operations of the Australian Federal Police and other relevant entities.
Breaches of the conditions specified in the permission may have legal consequences. While the instrument itself does not explicitly state penalties for non-compliance, it is likely that breaches could be subject to the general provisions of the Radiocommunications Act 1992, which may include fines or other penalties as prescribed by law. The Radiocommunications (Exemption) Determination 2021 further clarifies that exemptions from certain obligations under the Act may only apply if there is written permission from the ACMA, highlighting the importance of adhering to the conditions of this instrument.