Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This section applies to a person performing a function or duty in relation to:
(a) the defence, security or international relations of:
(i) Australia; or
(ii) a foreign country whose naval, military or air force is acting in co - operation with the Defence Force of Australia; or
(b) the Australian Federal Police or the police force of a State or Territory; or
(baa) the performance of the functions of the National Anti - Corruption Commissioner (within the meaning of the National Anti - Corruption Commission Act 2022 ); or
(ba) one of the following bodies or offices:
(i) the Independent Commission Against Corruption of New South Wales;
(ii) the Corruption and Crime Commission of Western Australia;
(iii) the Independent Commission Against Corruption of South Australia; or
(bb) one of the following bodies:
(i) the New South Wales Crime Commission;
(ii) the Crime and Corruption Commission of Queensland; or
(bc) the Australian Crime Commission; or
(bd) the Law Enforcement Conduct Commission of New South Wales; or
(be) a body that:
(i) performs functions related to the investigation, prevention or prosecution of serious crime, or of corruption (whether or not the body also performs other functions); and
(ii) is covered by a written determination made by the ACMA for the purposes of this paragraph; or
(c) a fire - fighting, civil defence or rescue organisation; or
(d) an ambulance service; or
(e) the Royal Flying Doctor Service; or
(f) any other organisation whose sole or principal purpose involves securing the safety of persons during an emergency.
(2) The ACMA may determine in writing that acts or omissions by members of a class of persons to whom this section applies are exempt from either or both of the following:
(a) all or any of Parts 3.1, 4.1 and 4.2;
(b) specified provisions of those Parts.
The exemption may be expressed to apply generally or in specified circumstances.
(2A) A determination under subsection (2) may confer a power to make a decision of an administrative character on a person or the ACMA.
(3) A determination under paragraph (1)(be) or subsection (2) is a legislative instrument.
(4) For the purposes of subparagraph (1)(be)(i), serious crime is conduct that, if engaged in within, or in connection with, Australia, would constitute an offence against the law of the Commonwealth, a State or a Territory punishable by imprisonment for a period exceeding 12 months.