Document ID: chunk:federal_register_of_legislation:F2023C00550:reg:1a:p15
Version: federal_register_of_legislation:F2023C00550
Segment Type: reg
Provision Reference: reg 1A (pt 15/27)
Character Range: 50726–53730

≤ 29.5 GHz                    -13                         1 MHz

       16  Permission – RALI MS 46

       Permission to operate transmitter otherwise than in accordance with RALI MS 46

        (1) If:
           (a) a licensee is given permission under this clause in relation to the operation of a radiocommunications transmitter otherwise than in accordance with a requirement of RALI MS 46; and
           (b) the requirement of RALI MS 46 relates to a matter specified in clause 5; and
           (c) operation of the transmitter would, but for the effect of this clause, contravene the condition in clause 5; and
           (d) the ACMA has not revoked the permission;
         the licensee does not contravene the condition in clause 5 if they operate the transmitter in accordance with the permission.

       Application for permission

        (2) A licensee may apply, in writing, to the ACMA for permission to operate a radiocommunications transmitter otherwise than in accordance with a requirement of RALI MS 46 that relates to a matter specified in clause 5.

        (3) An application under subclause (2) must be:
           (a) in a form approved by the ACMA (if any); and
           (b) made in a manner approved by the ACMA (if any); and
           (c) accompanied by the charged determined by the ACMA (if any) under section 60 of the Australian Communications and Media Authority Act 2005.

        (4) The ACMA may approve one or more forms for the purposes of paragraph (3)(a).

        (5) The ACMA may approve one or more manners of applying, for the purposes of paragraph (3)(b).

       Decision whether to give permission

        (6) If a licensee makes an application under subclause (2), the ACMA must decide whether to give permission within 30 days after the application is made, or such longer period as agreed between the ACMA and the licensee.

        (7) Before deciding whether to give permission, the ACMA may have regard to the following matters:
           (a) the potential for the radiocommunications transmitter to cause interference to radiocommunications involving existing or future radiocommunications services;
           (b) the efficient management of the frequency range 24.7 GHz–27 GHz;
           (c) any other matter the ACMA considers relevant.

        (8) The ACMA may:
           (a) give permission to operate a radiocommunications transmitter otherwise than in accordance with a requirement of RALI MS 46 that relates to a matter specified in clause 5; or
           (b) give permission to operate a radiocommunications transmitter otherwise than in accordance with a requirement of RALI MS 46 that relates to a matter specified in clause 5, subject to a condition specified in the permission; or
           (c) refuse permission.

            Note: See subsection 110A(5) of the Act.

        (9) The ACMA may specify, in the permission, a requirement of RALI MS 46 that relates to a matter specified in clause 5, that is different to a