{"id":"F2024L00924","name":"Radiocommunications (Exemption) Determination 2024","slug":"radiocommunications-exemption-determination-2024","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105303,"registerId":"commonwealth-F2024L00924-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n  This is the Radiocommunications (Exemption) Determination 2024.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  This instrument commences:\n    (a) at the start of 28 August 2024; or\n    (b) at the start of the day after the day it is registered on the Federal Register of Legislation;\n  whichever is later.\n\n> Note: The Federal Register of Legislation is available, free of charge, at [www.legislation.gov.au](http://www.legislation.gov.au).","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This instrument is made under subsection 302(2) of the Radiocommunications Act 1992.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Repeal of this instrument","content":"#### 4 Repeal of this instrument\n\n  This instrument is repealed at the start of the day that is the fifth anniversary of the day it commences.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Definitions","content":"#### 5 Definitions\n\n  (1) In this instrument:\n\n> Act means the Radiocommunications Act 1992.\n\n> ARPANSA standard means:\n\n    (a) the Radiation Protection Standard for Limiting Exposure to Radiofrequency Fields – 100 kHz to 300 GHz (2021), published by the Australian Radiation Protection and Nuclear Safety Agency; or\n    (b) if a later standard is published by the Australian Radiation Protection and Nuclear Safety Agency as a replacement of that standard – the later standard.\n\n> Note: The ARPANSA standard is available, free of charge, from the website of the Australian Radiation Protection and Nuclear Safety Agency at [www.arpansa.gov.au](http://www.arpansa.gov.au).\n\n> banned device means a device that is an item of banned equipment.\n\n> banned equipment means equipment that is specified in a permanent ban.\n\n> dummy load: see subsection (2).\n\n> EIRP means equivalent isotropically radiated power.\n\n> maximum EIRP, in relation to a device at a particular time, means:\n\n    (a) in subparagraph 12(3)(d)(iii) – the largest amount of EIRP that was radiated by the device in any direction at that time; and\n    (b) otherwise – the largest amount of EIRP that may be radiated by the device in any direction at that time.\n\n> shielded enclosure means a container, room, or other thing that encloses a space, which prevents, or is designed to prevent, the entry or escape of radio emissions from that space.\n\n> table means the table in section 7.\n\n> Note: A number of other expressions used in this instrument are defined in section 5, subsection 302(1) or another provision of the Act, including the following:\n\n    (a) AAT;\n    (b) ACMA;\n    (c) Australia;\n    (d) authorised defence supplier;\n    (e) compliance provision;\n    (f) Defence Department;\n    (g) device;\n    (h) equipment;\n    (i) inspector;\n    (j) interference;\n    (k) legislative rules;\n    (l) member of a civilian component of a visiting force;\n    (m) member of a visiting force;\n    (n) offer to supply;\n    (o) operate;\n    (p) permanent ban;\n    (q) radiocommunication;\n    (r) radiocommunications transmitter;\n    (s) radio emission;\n    (t) supply;\n    (u) transmitter.\n  (2) A dummy load is a thing that:\n    (a) is used, or designed to be used, as a substitute for another thing that is capable of radiating radio signals that are fed to it from a transmitter (the original thing); and\n    (b) has impedance characteristics that are the same as the impedance characteristics of the original thing; and\n    (c) is both:\n    (i) incapable of radio emission; and\n    (ii) designed to prevent radio emission occurring.\n\n> Note: Example: A circuit that is connected to the antenna feed point of a radiocommunications transmitter to simulate the effects of a real antenna without allowing radio emissions caused by operation of the radiocommunications transmitter to travel further than the dummy antenna.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"References to other instruments","content":"#### 6 References to other instruments\n\n  In this instrument, unless the contrary intention appears:\n    (a) a reference to any other legislative instrument is a reference to that other legislative instrument as in force from time to time; and\n    (b) a reference to any other kind of instrument or writing is a reference to that other instrument or writing as in force or existing from time to time.\n\n> Note 1: For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.\n\n> Note 2: All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.\n\n> Note 3: See section 314A of the Act.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Exempt acts","content":"#### 7 Exempt acts\n\n  Subject to the conditions set out in sections 8 to 14, each act specified in an item of the following table is exempt from the compliance provisions specified in the corresponding item of the table.\n\n| Item | Column 1                           | Column 2                                                                           |\n| ---- | ---------------------------------- | ---------------------------------------------------------------------------------- |\n|      | Specified act                      | Specified compliance provisions                                                    |\n| 1    | Possession of a banned device      | (a) subsection 47(1)(b) subsection 47(3)(c) subsection 175(4)(d) subsection 176(4) |\n| 2    | Operation of a banned device       | (a) subsection 46(1)(b) subsection 46(3)(c) subsection 175(3)(d) subsection 176(3) |\n| 3    | Supply of a banned device          | (a) subsection 175(1)(b) subsection 176(1)                                         |\n| 4    | Offering to supply a banned device | (a) subsection 175(2)(b) subsection 176(2)                                         |","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Condition of exemption — compliance with ARPANSA Standard","content":"#### 8 Condition of exemption – compliance with ARPANSA Standard\n\n  (1) It is a condition of an exemption under item 1, 3 or 4 of the table, in relation to an act involving a banned device, that a person must only do the act if the electromagnetic energy that could be emitted by the device does not exceed the general public exposure limits specified in the ARPANSA Standard in a place that is accessible by the public.\n  (2) It is a condition of an exemption under item 2 of the table, in relation to the operation of a banned device, or a group of banned devices, that a person must only operate the device, or the group of devices, if the electromagnetic energy that is emitted by the device, or by the group of devices, does not exceed the general public exposure limits specified in the ARPANSA Standard in a place that is accessible by the public.","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Condition of exemption — person named in notifiable instrument","content":"#### 9 Condition of exemption – person named in notifiable instrument\n\n  It is a condition of an exemption under any item of the table, in relation to an act involving a banned device, that a person must only do the act if:\n    (a) the person is named in a notifiable instrument made under subclause 1(1) of Schedule 1; and\n    (b) at the time the person does the act, the notifiable instrument is in force.","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Condition of exemption — restriction on operation of banned device","content":"#### 10 Condition of exemption – restriction on operation of banned device\n\n  (1) It is a condition of an exemption under item 2 of the table, in relation to the operation of a banned device, that a person must only operate the device in accordance with at least one of subsections (2), (3) and (4).\n  (2) A person operates a banned device in accordance with this subsection if all radio emissions from the device are dissipated into a dummy load.\n  (3) A person operates a banned device in accordance with this subsection if:\n    (a) the device is operated in a shielded enclosure; and\n    (b) the signal level of the radio emissions caused by the device at each point of the external surface of the enclosure is not greater than the mean level of ambient radiofrequency noise in the place the enclosure is located.\n  (4) A person operates a banned device in accordance with this subsection if:\n    (a) the device is operated in accordance with a written permission given by the ACMA to the person under subsection 193(1) of the Act; and\n    (b) at the time the device is operated, the written permission was registered as a notifiable instrument on the Federal Register of Legislation and had not been revoked.","sortOrder":9},{"sectionNumber":"11","sectionType":"section","heading":"Condition of exemption — restriction on supply of banned device","content":"#### 11 Condition of exemption – restriction on supply of banned device\n\n  It is a condition of an exemption under item 3 of the table, in relation to the supply of a banned device, that a person must only supply the device to:\n    (a) the Defence Force of Australia; or\n    (b) the Defence Department; or\n    (c) a member of the Defence Force, or an officer of the Defence Department, where the supply is related to the person’s functions or duties mentioned in:\n    (i) subsection 24(1) of the Act; or\n    (ii) subsection 26(1) of the Act; or\n    (d) a member of a visiting force, or a member of a civilian component of a visiting force, where the supply is related to the functions or duties mentioned in:\n    (i) subsection 24(1A) of the Act; or\n    (ii) subsection 26(1A) of the Act; or\n    (e) an authorised defence supplier, where the supply is related to the functions or duties mentioned in:\n    (i) subsection 24(1B) of the Act; or\n    (ii) subsection 26(1B) of the Act; or\n    (f) the Australian Secret Intelligence Service; or\n    (g) the Australian Security Intelligence Organisation; or\n    (h) the Australian Signals Directorate; or\n    (i) a person who performs a function or duty mentioned in section 25 of the Act, where the supply is related to that function or duty; or\n    (j) a person who performs a function or duty mentioned in subsection 27(1) of the Act, where:\n    (i) the supply is related to that function or duty; and\n    (ii) the ACMA has made a determination under subsection 27(2) of the Act in relation to a class of persons; and\n    (iii) the person is a member of that class; or\n    (k) the ACMA; or\n    (l) a person outside Australia; or\n    (m) a person who is named in a notifiable instrument made under subclause 1(1) of Schedule 1, where, at the time of the supply, the notifiable instrument is in force.","sortOrder":10},{"sectionNumber":"12","sectionType":"section","heading":"Condition of exemption — record-keeping requirements","content":"#### 12 Condition of exemption – record-keeping requirements\n\n  (1) It is a condition of an exemption under item 1, 2 or 3 of the table, in relation to an act involving a banned device, that a person must only do the act if the person complies with the applicable record-keeping requirements set out in this section.\n  (2) If the exemption relates to the possession of a banned device, the person must:\n    (a) at the time the person first came into possession of the device, create a written record of the following:\n    (i) the permanent ban that applies to the device;\n    (ii) the date the person first came into possession of the device;\n    (iii) the frequencies on which the device operates or is capable of operating;\n    (iv) if the device is a transmitter – the maximum power at which the device is capable of transmitting;\n    (v) the maximum EIRP of the device; and\n    (b) if the person destroys or disposes of the device – at the time the person destroys or disposes of the device, create a written record of:\n    (i) the date the device was destroyed or disposed of; and\n    (ii) the method by which the device was destroyed or disposed of.\n  (3) If the exemption relates to the operation of a banned device, the person must:\n    (a) before the person operates the device, create a written record of the methods (if any) to be used by the person to prevent the operation of the device causing interference to radiocommunications; and\n    (b) if the person receives a complaint or report of interference in relation to the operation of the device – at the time the person receives the complaint or report, create a written record of the following:\n    (i) the identity (if known) of the person making the complaint or report;\n    (ii) the date the complaint or report was made;\n    (iii) the time and date (if known) of the interference;\n    (iv) the radiocommunications (if known) that were subject to the interference; and\n    (c) if the person takes any steps or other action to prevent or reduce the interference mentioned in paragraph (b) – at the time the person takes those steps or that action, create a written record of those steps or that action; and\n    (d) as soon as practicable after each time the person operates the device, create a written record of the following:\n    (i) the frequencies on which the device operated;\n    (ii) if the device is a transmitter – the maximum power at which the device transmitted;\n    (iii) the maximum EIRP of the device at the time it was operated.\n  (4) If the exemption relates to the supply of a banned device, the person must, at the time of the supply, create a written record of the following:\n    (a) the identity of the person to whom the device was supplied;\n    (b) any information that verifies the identity of the person to whom the device was supplied;\n    (c) the date the device was supplied;\n    (d) the kind of device that was supplied;\n    (e) the frequencies on which the device operates or is capable of operating;\n    (f) if the device is a transmitter – the maximum power at which the device is capable of transmitting;\n    (g) the maximum EIRP of the device.\n  (5) For the purposes of subsection (4), if:\n    (a) a person supplies more than one banned device to another person (the recipient) on the one day; and\n    (b) those banned devices are identical at the time of the supply;\n  only one record needs to be created if the record also includes the number of banned devices supplied to the recipient, and the kind of banned devices that were supplied to the recipient, on that day.","sortOrder":11},{"sectionNumber":"13","sectionType":"section","heading":"Condition of exemption — retention of records","content":"#### 13 Condition of exemption – retention of records\n\n  It is a condition of an exemption under item 1, 2 or 3 of the table that a person who is required to create a record under section 12 must retain the record for at least 5 years.","sortOrder":12},{"sectionNumber":"14","sectionType":"section","heading":"Condition of exemption — providing records to the ACMA or an inspector","content":"#### 14 Condition of exemption – providing records to the ACMA or an inspector\n\n  (1) It is a condition of an exemption under item 1, 2 or 3 of the table that a person who is required to create a record under section 12 must comply with subsection (2).\n  (2) If the ACMA or an inspector requests, in writing, the person to provide a copy of the record created, the person must provide the copy to the ACMA or the inspector within such period, being not less than 2 days, as is specified in the request.","sortOrder":13}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"This Determination appears consistent with its original purpose under subsection 302(2) of the Radiocommunications Act 1992, which empowers the ACMA to exempt acts from compliance provisions. The scope remains tightly focused on creating exemptions for banned equipment in controlled defence, intelligence, and national security contexts. The 5-year sunset clause (section 4) suggests this is a time-limited, specific instrument rather than scope creep."},"complexity_factors":["Multiple nested conditions: exemptions depend on compliance with sections 8-14, each containing sub-conditions","Cross-referencing structure: operates through a table in section 7 that maps acts to specific compliance provisions in the parent Act","21 defined terms in section 5, plus 21 additional expressions incorporated by reference from the Radiocommunications Act 1992","Technical definitions requiring specialised knowledge: 'dummy load', 'EIRP' (equivalent isotropically radiated power), 'shielded enclosure'","External document incorporation: ARPANSA Standard (2021) is incorporated by reference, creating dynamic compliance obligations","Multiple permission layers: requires coordination between this Determination, notifiable instruments made under Schedule 1, and ACMA permissions under section 193(1) of the Act","Detailed record-keeping schema in section 12 with 4 distinct sub-scenarios (possession, operation, supply, bulk supply)","11 specific recipient categories for supply exemptions in section 11, each referencing different subsections of the parent Act"],"plain_english_summary":"This instrument creates a narrow, time-limited exemption to Australia’s ban on certain radio equipment, letting defence, national security agencies, the ACMA, named individuals, and some overseas recipients possess, supply or operate otherwise “banned” devices under strict controls. It requires safety measures to prevent harmful emissions, constrained operational methods (e.g. shielded use or ACMA permission), detailed five‑year recordkeeping, and expires automatically after five years, preserving public‑safety and interference protections."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The instrument itself establishes a set of conditional exemptions; it does not state that it alters or narrows a previously expressed scope. Based solely on the text provided, there is no express indication that the instrument changes the prior statutory scope."},"complexity_factors":["Multiple conditional paths for lawful operation (dummy load, shielded enclosure with ambient-noise limit, or ACMA written permission) increasing decision branches for compliance (see s10).","Technical safety standard requirement tied to ARPANSA exposure limits, creating a technical compliance obligation (s8).","Extensive, prescriptive record-keeping and retention obligations (what to record, when, and 5-year retention) imposing administrative burden on possessors, operators and suppliers (ss12–13).","Requirement to produce records to ACMA or an inspector within a minimum 2-day period creates short compliance timelines and enforcement exposure (s14).","Narrow, detailed list of permitted supply recipients (Defence, intelligence agencies, authorised suppliers, ACMA, overseas persons, or named persons in a notifiable instrument) adds transactional complexity and verification duties (s11).","Cross-references to the Radiocommunications Act, notifiable instruments and permanent bans require reading multiple instruments and increase legal cross-checking (see ss3,5,6 and various cross-references throughout).","Temporal limits (commencement rules and automatic 5-year repeal) and staged commencement add procedural/timing complexity (ss2,4).","Context-dependent definition of “maximum EIRP” (different meanings in specified subparagraph) increases interpretive ambiguity for technical compliance (s5 definition)."],"plain_english_summary":"Creates time-limited exemptions that allow certain people to possess, operate, supply or offer to supply devices that would otherwise be banned under the Radiocommunications Act, provided strict conditions are met (safety limits, named authorisations, operational containment, and record-keeping). It affects owners, operators and suppliers of banned equipment by replacing absolute prohibition with conditional permission subject to safety, identity checks, record retention and inspection obligations."}},"importantCases":[],"_links":{"self":"/api/acts/radiocommunications-exemption-determination-2024","history":"/api/acts/radiocommunications-exemption-determination-2024/history","analysis":"/api/acts/radiocommunications-exemption-determination-2024/analysis","conflicts":"/api/acts/radiocommunications-exemption-determination-2024/conflicts","importantCases":"/api/acts/radiocommunications-exemption-determination-2024/important-cases","documents":"/api/acts/radiocommunications-exemption-determination-2024/documents"}}