Schedule 2Items to which this instrument does not apply

Schedule 2—Items to which this instrument does not apply

(subsection 5(1))

(1) An item that is manufactured or imported solely for use by:

(a) a criminal law-enforcement agency; or
(b) the Department of Defence or the Defence Force as a temporary facility; or
(c) the Australian Secret Intelligence Service or the Australian Security Intelligence Organisation; or
(d) a body that is:

(i) not a criminal law-enforcement agency; 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.

Note: Criminal law-enforcement agency is defined in section 6.

(2) Test equipment for a telecommunications network.

(3) A headset, except a headset:

(a) used with customer equipment connected by an analogue interface to a telecommunications network; and

(b) that operates at ES2 or ES3.

Note: Example: A headset that uses an audio jack, which is an analogue audio connector that is 2.55mm, 3.5mm, 4.4mm or 6.5mm in diameter.

(4) An item that is manufactured or imported solely to be exported.

(5) An item that is imported for connection to a telecommunications network or to a facility of such a network in relation to a significant event, in circumstances where the manager of the network or facility has given written consent to the connection for the duration of the event.

Note: The manager, of a telecommunications network or a facility of a telecommunications network, is defined in section 375 of the Act.

(6) An item that is manufactured or imported solely for incorporation into another item and that, before such incorporation, cannot be used to connect to a telecommunications network or to a facility of such a network.