{"id":"F2011L02761","name":"Radiocommunications (Public Mobile Telecommunications Services Surveillance Device) Exemption Determination 2011","slug":"radiocommunications-public-mobile-telecommunications-services-surveillance-device-exemption-determin","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":126102,"registerId":"commonwealth-F2011L02761-current","compilationNumber":null,"startDate":"2026-04-03","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Radiocommunications (Public Mobile Telecommunications Services Surveillance Device) Exemption Determination 2011","content":"![](image.001.png)\n\nRadiocommunications (Public Mobile Telecommunications Services Surveillance Device) Exemption Determination 2011\n\nRadiocommunications Act 1992\n\nThe AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY makes this Determination under subsection 27 (2) of the Radiocommunications Act 1992.\n\nDated 15 December 2011\n\nChris Chapman\n\n\\[signed\\]\n\nMember\n\nRichard Bean\n\n\\[signed\\]\n\nMember/General Manager\n\nAustralian Communications and Media Authority\n\n1 Name of Determination\n\nThis Determination is the Radiocommunications (Public Mobile Telecommunications Services Surveillance Device) Exemption Determination 2011.\n\n2 Commencement\n\nThis Determination commences on the day after it is registered.\n\nNote: All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See [http://www.frli.gov.au](http://www.frli.gov.au).\n\n3 Definitions\n\nIn this Determination:\n\nAct means the Radiocommunications Act 1992.\n\nAssistant Commissioner has the same meaning as in the NSWCC Act.\n\nAustralian Crime Commission means the Australian Crime Commission established by the Australian Crime Commission Act 2002.\n\nCommissioner has the same meaning as in the NSWCC Act.\n\ndata surveillance device has the same meaning as in the Surveillance Devices Act 2007 of New South Wales.\n\nNew South Wales Crime Commission or NSWCC means the New South Wales Crime Commission established by the NSWCC Act.\n\nNSWCC Act means the New South Wales Crime Commission Act 1985 of New South Wales.\n\nNSWCC investigation has the same meaning as “investigation” in the NSWCC Act.\n\nNSWCC staff means the staff of the NSWCC as provided for in subsection 32(1) of the NSWCC Act.\n\nNSW Controlled Operations Act means the Law Enforcement (Controlled Operations) Act 1997 of New South Wales.\n\nPMTS surveillance device means a data surveillance device designed to search for, identify, locate and track items used in the delivery of public mobile telecommunications services.\n\npublic mobile telecommunications service has the same meaning as in the Telecommunications Act 1997.\n\nsurveillance device warrant has the same meaning as in the Surveillance Devices Act 2007 of New South Wales.\n\n4 Exemption in relation to certain investigative activities by NSWCC staff\n\n(1) Any act or omission by a NSWCC investigator in relation to the use, operation, possession or supply of a PMTS surveillance device is exempt from Parts 3.1, 4.1 and 4.2 of the Act in the circumstances specified in subsection (3).\n\n(2) For the purposes of this section, NSWCC investigator means a person who satisfies all of the following:\n\n(a) they are a member of the NSWCC staff;\n\n(b) they are performing a function or duty in relation to the NSWCC; and\n\n(c) they have been trained in the use of the PMTS surveillance device.\n\n(3) For the purposes of subsection (1), all of the following circumstances must exist:\n\n(a) the act is done, or the omission occurs, in the course of a NSWCC investigation;\n\n(b) the act is done, or the omission occurs, for the purposes of that NSWCC investigation; and\n\n(c) in the case of the use or operation of a PMTS surveillance device – either:\n\n(i) the use or operation of the PMTS surveillance device is authorised by a surveillance device warrant; or\n\n(ii) the use or operation of the PMTS surveillance device is, by reason of section 16 of the NSW Controlled Operations Act, not unlawful nor an offence nor corrupt conduct.\n\n5 Exemption in relation to the provision of technological expertise by NSWCC staff\n\n(1) Any act or omission by a NSWCC technician in relation to the use, operation, possession or supply of a PMTS surveillance device is exempt from Parts 3.1, 4.1 and 4.2 of the Act in the circumstances specified in subsection (3).\n\n(2) For the purposes of this section, NSWCC technician means a person who satisfies all of the following:\n\n(a) they are a member of the NSWCC staff;\n\n(b) they are performing a function or duty in relation to the NSWCC; and\n\n(c) they have been trained in the use of the PMTS surveillance device.\n\n(3) For the purposes of subsection (1), all of the following circumstances must exist:\n\n(a) the act is done, or the omission occurs, in the course of the NSWCC technician providing the Australian Crime Commission, the Australian Federal Police or the police force of a State or Territory, with technological expertise in relation to the PMTS surveillance device;\n\n(b) the provision of that technological expertise has been approved by the Commissioner or an Assistant Commissioner; and\n\n(c) the provision of that technological expertise is in accordance with the function conferred upon the NSWCC by paragraph 6(1)(d) of the NSWCC Act to disseminate technological expertise.\n\nNote: The use or operation of a PMTS surveillance device will also be governed by, and must comply with, the laws of the jurisdiction in which the PMTS surveillance device is used or operated. For example, depending upon the circumstances the use or operation may also need to comply with laws dealing with the use of surveillance devices, of which the following are some examples: Surveillance Devices Act 1999 of Victoria, Surveillance Devices Act 1998 of Western Australia and the Police Powers and Responsibilities Act 2000 of Queensland.\n\n6 Exemption in relation to certain training activities involving NSWCC staff\n\n(1) Any act or omission by a NSWCC trainee or a NSWCC instructor in relation to the use, operation, possession or supply of a PMTS surveillance device is exempt from Parts 3.1, 4.1 and 4.2 of the Act in the circumstances specified in subsection (4).\n\n(2) For the purposes of this section, NSWCC trainee means a person who satisfies all of the following:\n\n(a) they are a member of the NSWCC staff; and\n\n(b) they are performing a function or duty in relation to the NSWCC.\n\n(3) For the purposes of this section, NSWCC instructor means a person who satisfies all of the following:\n\n(a) they provide training to a NSWCC trainee; and\n\n(b) they are performing a function or duty in relation to the NSWCC.\n\n(4) For the purposes of subsection (1), the circumstances specified are that the act is done, or the omission occurs, in the course of a NSWCC instructor providing training to a NSWCC trainee in the use or operation of the PMTS surveillance device.\n\n7 Exemption in relation to certain maintenance activities by NSWCC staff\n\n(1) Any act or omission by a NSWCC maintenance officer in relation to the use, operation, possession or supply of a PMTS surveillance device is exempt from Parts 3.1, 4.1 and 4.2 of the Act in the circumstances specified in subsection (3).\n\n(2) For the purposes of this section, NSWCC maintenance officer means a person who satisfies all of the following:\n\n(a) they are a member of the NSWCC staff;\n\n(b) they are performing a function or duty in relation to the NSWCC; and\n\n(c) they have been trained in the use of the PMTS surveillance device.\n\n(3) For the purposes of subsection (1), the circumstances are that the act is done, or the omission occurs, in the course of the NSWCC maintenance officer undertaking maintenance or testing of the PMTS surveillance device.\n\n8 Exemption in relation to certain ancillary activities by suppliers\n\n(1) Any act or omission by a supplier in relation to the:\n\n(a) supply of a PMTS surveillance device; or\n\n(b) possession of a PMTS surveillance device for the purpose of its supply\n\nto the NSWCC is exempt from Parts 3.1, 4.1 and 4.2 of the Act in the circumstances specified in subsection (3).\n\n(2) For the purposes of this section, supplier means a person who satisfies all of the following:\n\n(a) the person has a written agreement with the NSWCC for the supply of the PMTS surveillance device by that person to the NSWCC; and\n\n(b) the person is performing a function or duty in relation to the NSWCC.\n\n(3) For the purposes of subsection (1), both of the following circumstances must exist:\n\n(a) the act is done, or the omission occurs, in accordance with the agreement referred to in subsection (2); and\n\n(b) the act or omission does not involve the use or operation of the PMTS surveillance device by the supplier.","sortOrder":0}],"analysis":{"summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This determination exempts specific NSW Crime Commission activities involving PMTS surveillance devices from certain radiocommunications licensing and equipment provisions. It does not amend other legislation."},"complexity_factors":["Defines several specific user categories (investigator, technician, trainee, instructor, maintenance officer, supplier) each with distinct exemption conditions","Cross-references Commonwealth and New South Wales legislation (Radiocommunications Act, Surveillance Devices Act 2007 (NSW), NSW Crime Commission Act, NSW Controlled Operations Act)","Exemptions are conditional on warrants, authorisations or internal approvals","Narrow scope applying only to NSW Crime Commission staff and related suppliers"],"plain_english_summary":"This instrument exempts specified uses of PMTS surveillance devices from certain licensing and equipment rules in the Radiocommunications Act, allowing New South Wales Crime Commission staff (and, in limited cases, external suppliers under written agreement) to possess, operate, supply, train with or maintain these tools without individual radiocomms licences. The exemption is strictly conditional—activities must be authorised (e.g., by warrant) and meet operational safeguards—and does not override state or territory surveillance or other legal requirements."}},"importantCases":[],"_links":{"self":"/api/acts/radiocommunications-public-mobile-telecommunications-services-surveillance-device-exemption-determin","history":"/api/acts/radiocommunications-public-mobile-telecommunications-services-surveillance-device-exemption-determin/history","analysis":"/api/acts/radiocommunications-public-mobile-telecommunications-services-surveillance-device-exemption-determin/analysis","conflicts":"/api/acts/radiocommunications-public-mobile-telecommunications-services-surveillance-device-exemption-determin/conflicts","importantCases":"/api/acts/radiocommunications-public-mobile-telecommunications-services-surveillance-device-exemption-determin/important-cases","documents":"/api/acts/radiocommunications-public-mobile-telecommunications-services-surveillance-device-exemption-determin/documents"}}