Document ID: chunk:federal_register_of_legislation:F2017C00964:reg:1:p4
Version: federal_register_of_legislation:F2017C00964
Segment Type: reg
Provision Reference: reg 1 (pt 4/9)
Character Range: 91008–94320

radiocommunications transmitter under this licence unless:
       (a) the radiocommunications transmitter has been exempted from the registration requirements under statutory condition 4 below, or
       (b) both:
          (i) the requirements of the ACMA under Part 3.5 of the Act relating
          to registration of the radiocommunications transmitter have been met; and
          (ii) the radiocommunications transmitter complies with the details about it that have been entered in the Register.

Exemption from registration requirements

    4. The following kinds of radiocommunications transmitters are exempt from the registration requirement in statutory condition 3:
       (c)     a mobile transmitter that operates in the 1800 MHz band with a radiated power of less than or equal to 39 dBm EIRP per occupied bandwidth; or
       (d)     a fixed transmitter that operates in the 1800 MHz band with a radiated power always less than or equal to 33 dBm EIRP per occupied bandwidth.

Residency etc

         5. (1) The licensee must not derive any income, profits or gains from operating radiocommunications devices under this licence, or from authorising an authorised person to do so, unless:

               (a) the licensee is an Australian resident; or

               (b) the income, profits or gains are attributable to a permanent establishment in Australia through which the licensee carries on business.

          (2) An authorised person must not derive income, profits or gains from operating radiocommunications devices under this licence, or from allowing third parties to operate radiocommunications devices under this licence, unless:

             (a) the authorised person is an Australian resident; or

             (b) the income, profits or gains are attributable to a permanent establishment in Australia through which the authorised person carries on business.

          (3) In this condition:

         Australian resident has the same meaning as in the Income Tax Assessment Act 1997.

         authorised person means a person authorised under section 68 of the Act by the licensee to operate radiocommunications devices under this licence.

         permanent establishment has the same meaning as in:

(a)               if the licensee or authorised person (as appropriate) is a resident of a country or other jurisdiction with which Australia has an agreement within the meaning of the International Tax Agreements Act 1953—that agreement; or
(b)               in any other case—the Income Tax Assessment Act 1997.
Licence Schedule 4 Other conditions

Interference management

1. In this Licence Schedule 4:

    communal site has the same meaning as in the Radiocommunications (Interpretation) Determination 2015 as in force from time to time.

managing interference includes but is not limited to:

         (a)               investigating the possible causes of the interference;

         (b)               taking all steps reasonably necessary to resolve disputes about interference;

         (c)               taking steps (or requiring persons authorised to operate radiocommunications devices under this licence to take steps) reasonably likely to reduce interference to acceptable levels; and

         (d)               negotiating with other persons to reduce