Document ID: chunk:federal_register_of_legislation:F2024C00514:clause:5_54:p2
Version: federal_register_of_legislation:F2024C00514
Segment Type: clause
Provision Reference: sch 5 cl 54 (pt 2/4)
Character Range: 69205–71979

that is prescribed for the device: see Parts 2 and 4 of this instrument.

       54A  Exemption – devices used for significant events

        (1) A person does not contravene a prohibition in Part 2 of this instrument in relation to a device if:
           (a) the device is imported solely for use in Australia in connection with a significant event; and
           (b) in a case where there is a requirement, imposed otherwise than by Part 2 of, or Schedule 5 to, the equipment rules (or by paragraph 5(1)(a), (2)(b) or (2)(c) of the LIPD class licence, to the extent that it relates to Part 2 of, or Schedule 5 to, the equipment rules), to the effect that the device is tested or inspected before it may be used in Australia – the requirement has been satisfied; and
           (c) in a case where there is a condition or requirement, imposed otherwise than by Part 2 of, or Schedule 5 to, the equipment rules (or by paragraph 5(1)(a), (2)(b) or (2)(c) of the LIPD class licence, to the extent that it relates to Part 2 of, or Schedule 5 to, the equipment rules), on the use or operation of the device in Australia, and the prohibition relates to causing radio emission to be made by the device – the device is only used or operated in compliance with that condition or requirement; and
           (d) the device is used or operated in Australia only at the location, and only during the period, of the significant event.

            Note: If this exemption applies in relation to a device, it applies only in relation to general standards. Prohibitions in relation to the EMC standard and the EME standard may still apply in relation to the device.

        (2) For the purposes of this section, the ACMA may make a notifiable instrument that does all of the following:
           (a) declares a specified event to be a significant event;
           (b) specifies a period as the period of the significant event;
           (c) specifies a location as the location of the significant event.

            Note: See also subsection (7).

        (3) Before making an instrument under subsection (2), the ACMA must have regard to:
           (a) the object of the Act; and
           (b) whether the instrument would be directed towards achieving any of the objectives set out in subsection 156(3) of the Act; and
           (c) the likelihood that:
              (i) a person will enter Australia temporarily to attend the event (regardless of the capacity in which the person attends the event); and
              (ii) the person will, when entering Australia, bring equipment into Australia for the purposes of attending the event; and
              (iii) the person will, when leaving Australia, take the equipment outside Australia; and
           (d) whether the