Document ID: chunk:federal_register_of_legislation:F2024C00514:clause:5_53
Version: federal_register_of_legislation:F2024C00514
Segment Type: clause
Provision Reference: sch 5 cl 53
Character Range: 64186–66684

53  Exemption – persons acting in relation to particular devices exempt from prohibitions in Part 4

         A person does not contravene a prohibition in Part 4 of this instrument that relates to:
           (a) causing radio emission to be made by a device; or
           (b) possession of a device for the purpose of operation; or
           (c) supply of a device;
         if the device is:
           (d) used solely as equipment, or as part of a weapons system, used by the Defence Force; or
           (e) used solely as equipment, or as part of a weapons system, used by a member of a visiting force; or
           (f) used solely for law enforcement activities by any of the following bodies:
              (i) the Australian Crime Commission;
              (ii) the Australian Federal Police;
              (iii) the Corruption and Crime Commission of Western Australia;
              (iv) the Crime and Corruption Commission of Queensland;
              (v) the Independent Commission Against Corruption of New South Wales;
              (vi) the Independent Commissioner Against Corruption of South Australia;
              (vii) the Integrity Commissioner (within the meaning of the Law Enforcement Integrity Commissioner Act 2006);
              (viii) the Law Enforcement Conduct Commission of New South Wales;
              (ix) the New South Wales Crime Commission;
              (x) the police force of a State or Territory; or
           (g) used solely for law enforcement activities by a body that is:
              (i) not mentioned in paragraph (f); and
              (ii) responsible for criminal law enforcement; and
              (iii) established by or under a law of the Commonwealth, or a law of a State or Territory; or
           (h) used by a body that:
              (i) is not mentioned in paragraph (f) or (g); and
              (ii) performs functions related to the investigation, prevention and prosecution of serious crime, or of corruption (whether or not the body also performs other functions); and
              (iii) is covered by a written determination made by the ACMA under paragraph 27(1)(be) of the Act;
            solely for the investigation, prevention and prosecution activities of that body; or
           (i) a fire fighting, civil defence or rescue organisation; or
           (j) an ambulance service; or
           (k) any other organisation whose sole or principal purpose involves securing the safety of persons during an emergency.