Radiocommunications (Exemption – Remotely Piloted Aircraft Disruption) Determination 2022 (Cth)

Radiocommunications (Exemption – Remotely Piloted Aircraft Disruption) Determination 2022

The Australian Communications and Media Authority makes the following determination under subsection 27(2) of the Radiocommunications Act 1992.

Dated: 21 September 2022 James Cameron [signed] Member

Brendan Byrne [signed] Member/General Manager

Australian Communications and Media Authority

1 Name This is the Radiocommunications (Exemption – Remotely Piloted Aircraft Disruption) Determination 2022.

2 Commencement This instrument commences at the start of the day after the day it is registered on the Federal Register of Legislation.

Note: The Federal Register of Legislation is available, free of charge, at www.legislation.gov.au.

3 Authority This instrument is made under subsection 27(2) of the Radiocommunications Act 1992.

4 Repeal The Radiocommunications (Police Forces – Disruption of Unmanned Aircraft) Exemption Determination 2020 [F2020L01296] is repealed.

5 Repeal of this instrument This instrument is repealed at the start of the day that is the fifth anniversary of the day it commences.

6 Interpretation (1) In this instrument, unless the contrary intention appears: ACMA Act means the Australian Communications and Media Authority Act 2005. ACMA staff has the same meaning as in section 3 of the ACMA Act. Act means the Radiocommunications Act 1992. authorised person means each of: (a) the ACMA; (b) a member, within the meaning of the ACMA Act; (c) a member of the ACMA staff that is an SES employee or acting SES employee. Note: SES employee and acting SES employee are defined in the Public Service Act 1999 and referred to in the Acts Interpretation Act 1901. contractor means: (a) a person who has a contract with: (i) a police force; or (ii) the Commissioner or head of a police force, however described; or (iii) the Commonwealth, a State or a Territory, for the benefit of a police force; to perform a function or duty in relation to one or more of the following: (iv) testing a device to be operated to disrupt or disable an RPA or RPAS; or (v) maintaining a device to be operated to disrupt or disable an RPA or RPAS; or (vi) supplying a device to be operated to disrupt or disable an RPA or RPAS; (vii) the provision of training relating to the operation of a device in the relevant frequency bands to disrupt or disable an RPA or RPAS; and (b) a person employed or engaged by a person mentioned in paragraph (a) in relation to the contract mentioned in paragraph (a). police force means each of: (a) the Australian Federal Police; and (b) the police force of each State and Territory. potential contractor: see subsection (2). primary potential contractor: see paragraph (2)(a) relevant contract, in relation to a contractor, means the contract mentioned in paragraph (a) of the definition of contractor. relevant frequency bands means the frequency bands mentioned in the following: (a) items 12 to 23A, 36 to 41 and 54 to 63 (all inclusive) in Schedule 1 to the Radiocommunications (Low Interference Potential Devices) Class Licence 2015, as in force at the commencement of this instrument; (b) footnote number 150 in Part 4 of the spectrum plan, as in force at the commencement of this instrument.