Document ID: chunk:federal_register_of_legislation:F2024N00979:reg:6
Version: federal_register_of_legislation:F2024N00979
Segment Type: reg
Provision Reference: reg 6
Character Range: 1399–3631

6  Permission
          1.     Department 13 International Pty Ltd (ACN 639 277 571) (Department 13) is permitted to use a transmitter in a way which it knows is likely to interfere substantially with radiocommunications carried on by or on behalf of the Australian Federal Police in the circumstances set out in subsection (2).
          2.     For the purposes of subsection (1), all of the following circumstances must exist:
            1.     the use of the transmitter must occur within a one-kilometre radius of the point which is 35.31605 degrees South, 148.97680 degrees East (GDA94 datum);
            2.     the use must be for the purpose of Department 13:
                 1.                   testing or demonstrating the effects of transmitters on radiocommunications on behalf of the Australian Federal Police; or
                 2.                undertaking research into, or the development of, transmitters on behalf of the Australian Federal Police;
            1.     at least 14 days prior to the use occurring Department 13 must have given written notice of the intended use to the ACMA and to each relevant carrier, which notice must specify:
                 1.                   the date on which the transmitter will be used;
                 2.                the period for which the transmitter will be used;
                 3.              the frequency band or bands on which the transmitter will be operating.

            Note: Under the Radiocommunications (Exemption) Determination 2024 (the Determination) an entity can be exempted from certain obligations arising under the Radiocommunications Act 1992 (the Act) not to operate a banned device.  In some circumstances – broadly described as "open-air testing" – that exemption can only be relied upon if there is an applicable written permission from the ACMA given under section 193 of the Act (see subsection 10(4) of the Determination).  This instrument provides such a permission for Department 13 International Pty Ltd, applying in the circumstances set out in subsection 6(2).
          1.     For the avoidance of doubt, written notice given for the purposes of paragraph (2)(c) may be given before or after this instrument commenced.