Document ID: chunk:federal_register_of_legislation:F2024L00924:reg:1
Version: federal_register_of_legislation:F2024L00924
Segment Type: reg
Provision Reference: reg 1
Character Range: 14041–15570

1  ACMA may make notifiable instrument
 (1) The ACMA may, by notifiable instrument, name a person for the purposes of section 9 and paragraph 11(m).

Note: See subsection 302(5) of the Act.
 (2) The ACMA must not make an instrument under subclause (1) naming a person unless the ACMA is satisfied that:
 (a) either:
 (i) the instrument is in the public interest; or
 (ii) the instrument is consistent with legislative rules made for the purposes of paragraph 302(4)(b) of the Act; and
 (b) naming the person would not lead to a significant risk of a contravention of a condition of an exemption under any item of the table.
 (3) The ACMA may make an instrument under subclause (1) regardless of whether a person has made an application under clause 3.

 (4) If, before making an instrument under subclause (1) naming a person, the ACMA has reason to believe that the person intends to supply, to a person outside Australia, a banned device that is included in the defence and strategic goods list, the ACMA, in deciding whether to make the instrument, may have regard to:
 (a) whether the person has made an application for permission to export goods in accordance with regulation 13EB of the Customs (Prohibited Exports) Regulations 1958; and
 (b) whether the Defence Minister has granted permission under regulation 13E of the Customs (Prohibited Exports) Regulations 1958.
 (5) In this clause, defence and strategic goods list has the meaning given by subregulation 2(1) of the Customs (Prohibited Exports) Regulations 1958.