Document ID: chunk:federal_register_of_legislation:F2016L01969:clause:5_1:p5
Version: federal_register_of_legislation:F2016L01969
Segment Type: clause
Provision Reference: sch 5 cl 1 (pt 5/9)
Character Range: 52577–55705

operate a 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.

Licence Schedule 3 Statutory Conditions (cont)

    Exemption from registration requirements

    4. The following kinds of radiocommunications transmitters are exempt from the registration requirement in statutory condition 3:
        (a) a radiocommunications transmitter that operates within the band 703 MHz to 748 MHz band with a radiated maximum true mean power of less than or equal to 23 dBm EIRP per occupied bandwidth; or
        (b) a radiocommunications transmitter that operates within the band 758 MHz to 803 MHz band with a radiated maximum true mean power of less than or equal to 30 dBm EIRP per occupied bandwidth.

    Determination of Unacceptable Interference

    5. The ACMA has made the Radiocommunications (Unacceptable Levels of Interference – 700 MHz Band) Determination 2012 which sets out the unacceptable levels of interference for the purpose of registering radiocommunications transmitters to be operated under this licence, and which is to be used for the issuing of certificates by accredited persons under subsection 145(3) of the Act.
Note: Although not mandatory, the registration of receivers is advised because one of the matters ACMA will take into account in settling interference is the time of registration of the receiver involved in the interference.

    Residency etc

     6. (a) A licensee must not derive any income, profits or gains from operating radiocommunications devices under this licence or authorise any authorised person to do so unless:
        (i)     the licensee is an Australian resident; or
        (ii)     the income, profits or gains are attributable to a permanent establishment in Australia through which the licensee carries on business.

      (b) An authorised person must not derive income, profits or gains from allowing third parties to operate radiocommunications devices under the licence, unless:
        (i)     the authorised person is an Australian resident; or
        (ii)     the income, profits or gains are attributable to a permanent establishment in Australia through which the authorised person carries on business.

      (c) 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:
        (i)     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