{"id":"F2022L00844","name":"Telecommunications (Participating Person Exemption—Public Safety) Determination 2022","slug":"telecommunications-participating-person-exemption-public-safety-determination-2022","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":102496,"registerId":"commonwealth-F2022L00844-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 instrument is the Telecommunications (Participating Person Exemption—Public Safety) Determination 2022.","sortOrder":0},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This instrument is made under subsection 44(2) of the Telecommunications (Consumer Protection and Service Standards) Act 1999.","sortOrder":1},{"sectionNumber":"4","sectionType":"section","heading":"Repeal","content":"#### 4 Repeal\n\n    This instrument is repealed at the start of 1 July 2026.","sortOrder":2},{"sectionNumber":"5","sectionType":"section","heading":"Definitions","content":"#### 5 Definitions\n\n> Note: A number of expressions used in this instrument are defined in section 5 of the Act, including the following:\n\n    (a) eligible revenue;\n    (b) participating person.\n\n  In this instrument:\n\n> Act means the Telecommunications (Consumer Protection and Service Standards) Act 1999.\n\n> Government Radio Network means a radiocommunications system:\n\n    (a) owned and operated by a State or Territory or a corporation owned wholly by a State or Territory; and\n    (b) used to supply carriage services using trunked radiocommunications.\n\n> Permitted Purpose means any voice or data communication necessary or desirable to facilitate the exercise of functions in connection with:\n\n    (a) preventing, preparing for, responding to or recovering from, an emergency, public safety incident or other incident posing a risk of harm to any person or property (including training activities in relation to the exercise of those functions); or\n    (b) law enforcement and compliance; or\n    (c) national security.\n\n> Permitted User means:\n\n    (a) a department, agency, authority, institution or instrumentality of the Commonwealth of Australia; or\n    (b) a department, agency, authority, institution or instrumentality (including of local government) of a State or Territory; or\n    (c) a corporation owned wholly by the Commonwealth, a State or Territory; or\n    (d) a non‑government entity involved in the provision of public safety activities or public safety services.\n\n> Qualifying Entity means each of the following:\n\n    (a) a Department of State;\n    (b) an agency of a State or a Territory;\n    (c) an authority of a State or a Territory;\n    (d) an instrumentality of a State or a Territory.\n\n> Specified Period means an eligible revenue period comprising any of the following financial years:\n\n    (a) the 2021‑22 financial year;\n    (b) the 2022‑23 financial year;\n    (ba) the 2024‑25 financial year;\n    (bb) the 2025‑26 financial year;\n    (c) the 2023‑24 financial year.\n  (2) In this instrument, the following terms have the same meaning as in the Telecommunications Act 1997:\n    (a) carriage service;\n    (b) communications;\n    (c) radiocommunication;\n    (d) telecommunications network.","sortOrder":3},{"sectionNumber":"6","sectionType":"section","heading":"Determination of a kind of exempt person","content":"#### 6 Determination of a kind of exempt person\n\n  (1) For the purposes of subsection 44(2) of the Act, subsection (2) below prescribes the kind of person who is determined to be exempt from section 44 of the Act for the relevant Specified Period.\n  (2) The kind of person is a person who:\n    (a) at any time during the Specified Period was a Qualifying Entity; and\n    (b) satisfies each of the following paragraphs during all times that the person was a Qualifying Entity in the Specified Period:\n    (i) it owns, or is vested with and operates, a Government Radio Network; and\n    (ii) it supplies carriage services using any telecommunications networks which it either owns, or is vested with and operates (including without limitation the Government Radio Network) only to Permitted Users and only for Permitted Purposes: and\n    (iii) each carriage service it supplies (as referred to in paragraph (ii) above) is wholly on a non‑commercial basis or no‑profit basis.","sortOrder":4}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument maintains a narrow, targeted scope consistent with its purpose. It creates a specific, time-limited exemption for public safety radio networks without expanding into broader telecommunications policy areas."},"complexity_factors":["Short instrument (6 sections, approximately 1.5 pages)","Only 6 defined terms specific to this instrument (plus 4 imported from another Act)","Single operative provision (section 6) with straightforward cumulative conditions","No nested exceptions or complex conditional logic","Clear sunset clause (automatic repeal in 2026)","Heavy reliance on defined terms from parent Act (Telecommunications (Consumer Protection and Service Standards) Act 1999)"],"plain_english_summary":"This Determination temporarily exempts certain State and Territory government bodies from annual telecommunications charges for state-owned trunked radio networks used exclusively by approved public safety users (police, emergency services, national security, etc.) for permitted purposes and on a non‑commercial basis. It saves public funds for 2021–22 through 2025–26 but is narrowly drawn: networks used commercially or by non‑approved users lose the exemption."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"This instrument narrows the practical reach of section 44 for a defined class of public-sector operators by specifying that Qualifying Entities owning/operating Government Radio Networks are exempt during the listed Specified Periods, but only when services meet the listed Permitted User/Purpose and non‑commercial/no‑profit conditions. In effect, it creates a time-limited carve-out from s44 for those entities while leaving other persons and periods unaffected."},"complexity_factors":["Cross-references to definitions in other Acts (Telecommunications (Consumer Protection and Service Standards) Act 1999 s5 and Telecommunications Act 1997) — requires external lookups to apply terms like 'participating person', 'eligible revenue', 'carriage service', and 'telecommunications network'.","Temporal structure: exemption limited to a defined set of financial years (Specified Period) and the instrument itself is repealed from 1 July 2026, creating a bounded, time-limited relief.","Conjunctive eligibility tests: three simultaneous substantive requirements for exemption (ownership/vesting and operation of a Government Radio Network; supply only to Permitted Users for Permitted Purposes; each carriage service supplied wholly on a non‑commercial or no‑profit basis) increase factual verification complexity.","Multiple defined categories (Qualifying Entity, Permitted User, Permitted Purpose) require institutional/status checks to determine coverage.","Absence of procedural or evidentiary rules in the instrument for demonstrating compliance or for enforcement — leaves implementation and proof burdens to external administrative practice or litigation.","Minor drafting irregularities (non-sequential subclauses for Specified Period) that may complicate automated parsing or quick reading."],"plain_english_summary":"This instrument exempts certain government departments, agencies and similar entities that own or operate a Government Radio Network from section 44 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 for specified financial years (through 2025–26). The exemption applies only where services are provided solely to Permitted Users, only for Permitted Purposes, and on a wholly non‑commercial or no‑profit basis; the instrument is repealed at the start of 1 July 2026."}},"importantCases":[],"_links":{"self":"/api/acts/telecommunications-participating-person-exemption-public-safety-determination-2022","history":"/api/acts/telecommunications-participating-person-exemption-public-safety-determination-2022/history","analysis":"/api/acts/telecommunications-participating-person-exemption-public-safety-determination-2022/analysis","conflicts":"/api/acts/telecommunications-participating-person-exemption-public-safety-determination-2022/conflicts","importantCases":"/api/acts/telecommunications-participating-person-exemption-public-safety-determination-2022/important-cases","documents":"/api/acts/telecommunications-participating-person-exemption-public-safety-determination-2022/documents"}}