Document ID: chunk:federal_register_of_legislation:F2023L01259:clause:1_7
Version: federal_register_of_legislation:F2023L01259
Segment Type: clause
Provision Reference: sch 1 cl 7
Character Range: 8018–10027

7  Designated DDTS Communications Infrastructure
       Exemption
       (1)    Subject to the condition set out in subsection 7(2) of this instrument, section 42 of the Act does not apply in relation to the use of Designated DDTS Communications Infrastructure where the use is:
            (a)    by the Commonwealth for any of the following purposes:
                (i)     principally for the exercise or performance of a public function or duty; or
                (ii)   in connection with the preparation for, response to or recovery from, an emergency specified in a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020).
       Conditions
       (2)    For the purposes of subsection 7(1), the following conditions are specified:
         (a)    an authorised representative of the DDTS Government Group must provide a report to the ACMA by 30 September of each year during which this instrument is in force, setting out the following:
              (i)     for each line link comprising Designated DDTS Communications Infrastructure used in the reporting period (as permitted by subsection 7(1)):
                   1. the geographic locations (at suburb level or where outside of a built-up areas, the adjacent suburb);
                   2. the capacity of those links;
              (ii)   the legal name and associated identifier (such as an ABN or ACN) of each (as permitted by subsection 7(1)) user of the Designated DDTS Communications Infrastructure as at the applicable report date; and
         (b)    the uses of the Designated DDTS Communications Infrastructure (as permitted by subsection 7(1) above) are authorised in writing by:
              (i)     in respect of each permitted use described in subsection 7(1) above—an authorised representative of the ACT Government; and
              (ii)   in respect of each permitted use described in subsection 7(1) above—the ICON Secretary or an authorised representative of the ICON Secretary.