Telecommunications (Participating Person Exemption—Public Safety) Determination 2022

Telecommunications (Participating Person Exemption—Public Safety) Determination 2022

made under subsection 44(2) of the

Telecommunications (Consumer Protection and Service Standards) Act 1999

Compilation No. 2

Compilation date: 26 May 2026

Includes amendments: F2026L00624

About this compilation

This compilation

This is a compilation of the Telecommunications (Participating Person Exemption—Public Safety) Determination 2022 that shows the text of the law as amended and in force on 26 May 2026 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).

Application, saving and transitional provisions

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Presentational changes

The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

1 Name

3 Authority

4 Repeal

5 Definitions

6 Determination of a kind of exempt person

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

1  Name

  This instrument is the Telecommunications (Participating Person Exemption—Public Safety) Determination 2022.

3  Authority

  This instrument is made under subsection 44(2) of the Telecommunications (Consumer Protection and Service Standards) Act 1999.

4  Repeal

This instrument is repealed at the start of 1 July 2031.

5  Definitions

Note: A number of expressions used in this instrument are defined in section 5 of the Act, including the following:

(a) eligible revenue;

(b) participating person.

  In this instrument:

Act means the Telecommunications (Consumer Protection and Service Standards) Act 1999.

Government Radio Network means a radiocommunications system:

 (a) owned and operated by a State or Territory or a corporation owned wholly by a State or Territory; and

 (b) used to supply carriage services using trunked radiocommunications.

Permitted Purpose means any voice or data communication necessary or desirable to facilitate the exercise of functions in connection with:

 (a) preventing, preparing for, responding to or recovering from, an emergency, public safety incident or other incident posing a risk of harm to any person or property (including training activities in relation to the exercise of those functions); or

 (b) law enforcement and compliance; or

 (c) national security.

Permitted User means:

 (a) a department, agency, authority, institution or instrumentality of the Commonwealth of Australia; or

 (b) a department, agency, authority, institution or instrumentality (including of local government) of a State or Territory; or

 (c) a corporation owned wholly by the Commonwealth, a State or Territory; or

 (d) a non‑government entity involved in the provision of public safety activities or public safety services.

Qualifying Entity means each of the following:

 (a) a Department of State;

 (b) an agency of a State or a Territory;

 (c) an authority of a State or a Territory;

 (d) an instrumentality of a State or a Territory.

Specified Period means an eligible revenue period comprising any of the following financial years:

 (a) the 2021‑22 financial year;

 (b) the 2022‑23 financial year;

 (ba) the 2024‑25 financial year;

 (bb) the 2025‑26 financial year;

 (bc) the 2026‑27 financial year;

 (bd) the 2027‑28 financial year;

 (be) the 2028‑29 financial year;

 (bf) the 2029‑30 financial year;

 (bg) the 2030‑31 financial year;

 (c) the 2023‑24 financial year.

 (2) In this instrument, the following terms have the same meaning as in the Telecommunications Act 1997:

 (a) carriage service;

 (b) communications;

 (c) radiocommunication;

 (d) telecommunications network.

6  Determination of a kind of exempt person

 (1) For the purposes of subsection 44(2) of the Act, subsection (2) below prescribes the kind of person who is determined to be exempt from section 44 of the Act for the relevant Specified Period.

 (2) The kind of person is a person who:

 (a) at any time during the Specified Period was a Qualifying Entity; and 

 (b) satisfies each of the following paragraphs during all times that the person was a Qualifying Entity in the Specified Period:

 (i) it owns, or is vested with and operates, a Government Radio Network; and

 (ii) it supplies carriage services using any telecommunications networks which it either owns, or is vested with and operates (including without limitation the Government Radio Network) only to Permitted Users and only for Permitted Purposes: and

 (iii) each carriage service it supplies (as referred to in paragraph (ii) above) is wholly on a non‑commercial basis or no‑profit basis.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history