Radiocommunications (Australian Federal Police – Visiting Dignitary) Exemption Determination 2017

Dated: 6 April 2017

Richard Bean

[signed]

Member

James Cameron

[signed]

Member/General Manager

1  Name

  This is the Radiocommunications (Australian Federal Police – Visiting Dignitary) Exemption Determination 2017.

2  Commencement

  This instrument commences at the start of the day after it is registered on the Federal Register of Legislation.

Note: The Federal Register of Legislation may be accessed at www.legislation.gov.au.

3  Authority

  This instrument is made under subsection 27(2) of the Radiocommunications Act 1992.

4  Cessation

 This instrument expires on 24 April 2017 as if it had been repealed by another instrument.

5  Definitions

  In this instrument:

Act means the Radiocommunications Act 1992.

AFP means the Australian Federal Police established by subsection 6(1) of the Australian Federal Police Act 1979.

relevant person means:

 (a) an AFP employee, within the meaning given by subsection 4(1) of the Australian Federal Police Act 1979;

 (b) a special member, within the meaning given by subsection 4(1) of the Australian Federal Police Act 1979;

 (c) any other person performing a function or duty in relation to the AFP or the police force of a State or Territory;

 (d) any other person performing a function or duty in relation to the defence, security or international relations of Australia.

6  Exemption in relation to certain activities in relation to visiting dignitary

 (1) Any act or omission by a relevant person, in relation to the use, operation, possession or supply of a device, is exempt from Parts 3.1, 4.1 and 4.2 of the Act in the circumstances specified in subsection (2).

 (2) For the purpose of subsection (1), all the following circumstances must exist:

 (a) the act is done, or the omission occurs, in the performance of the relevant person’s functions and duties in relation to:

 (i) the AFP;

 (ii) the police force of a State or Territory;

 (iii) the defence, security of international relations of Australia;

  as the case may be;

 (b) the act is done, or the omission occurs, in relation to the implementation of electronic counter measures, including the use of an electronic counter measure vehicle, associated with the security or protection of the Vice President of the United States of America during his visit to Australia;

 (c) the act is done, or the omission occurs, during the period commencing on the commencement of this instrument and ending on 24 April 2017.