Radiocommunications (Exemption – Bomb Disposal Electronic Counter Measures) Determination 2023 (Cth)

Radiocommunications (Exemption – Bomb Disposal Electronic Counter Measures) Determination 2023

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

Dated: 9 March 2023 James Cameron [signed] Member

Cathy Rainsford [signed] Member/General Manager

Australian Communications and Media Authority

1 Name This is the Radiocommunications (Exemption – Bomb Disposal Electronic Counter Measures) Determination 2023.

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 (Prohibited Devices) (Use of Electronic Counter Measures for Bomb Disposal Activities) Exemption Determination 2010 [F2010L00821] is repealed.

5 Repeal of this instrument This instrument is repealed at the start of the day that is the fifth anniversary of the day it commences.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; in relation to an electronic counter measure device; and (b) a person employed or engaged by a person mentioned in paragraph (a) in relation to the contract mentioned in paragraph (a). electronic counter measure device means a device that is designed to interfere with, disrupt, distort or disturb radiocommunications. improvised explosive device means a thing made or placed in an improvised way that incorporates destructive, lethal, noxious, pyrotechnic or incendiary chemicals and is designed to destroy, incapacitate, harass or distract. 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). Note: A number of other expressions used in this instrument are defined in the Act, including the following: (a) ACMA; (b) device; (c) interference; (d) offer to supply; (e) operate; (f) radiocommunication. (2) If a person is capable of supplying an electronic counter measure device to a police force, then each of the following is a potential contractor: (a) the person (primary potential contractor); and (b) a person engaged or employed by that person in relation to the electronic counter measure device.