Document ID: chunk:federal_register_of_legislation:F2024L00924:reg:12:p1
Version: federal_register_of_legislation:F2024L00924
Segment Type: reg
Provision Reference: reg 12 (pt 1/2)
Character Range: 9771–12312

12  Condition of exemption – record-keeping requirements
 (1) It is a condition of an exemption under item 1, 2 or 3 of the table, in relation to an act involving a banned device, that a person must only do the act if the person complies with the applicable record-keeping requirements set out in this section.
 (2) If the exemption relates to the possession of a banned device, the person must:
 (a) at the time the person first came into possession of the device, create a written record of the following:
 (i) the permanent ban that applies to the device;
 (ii) the date the person first came into possession of the device;
 (iii) the frequencies on which the device operates or is capable of operating;
 (iv) if the device is a transmitter – the maximum power at which the device is capable of transmitting;
 (v) the maximum EIRP of the device; and
 (b) if the person destroys or disposes of the device – at the time the person destroys or disposes of the device, create a written record of:
 (i) the date the device was destroyed or disposed of; and
 (ii) the method by which the device was destroyed or disposed of.
 (3) If the exemption relates to the operation of a banned device, the person must:
 (a) before the person operates the device, create a written record of the methods (if any) to be used by the person to prevent the operation of the device causing interference to radiocommunications; and
 (b) if the person receives a complaint or report of interference in relation to the operation of the device – at the time the person receives the complaint or report, create a written record of the following:
 (i) the identity (if known) of the person making the complaint or report;
 (ii) the date the complaint or report was made;
 (iii) the time and date (if known) of the interference;
 (iv) the radiocommunications (if known) that were subject to the interference; and
 (c) if the person takes any steps or other action to prevent or reduce the interference mentioned in paragraph (b) – at the time the person takes those steps or that action, create a written record of those steps or that action; and
 (d) as soon as practicable after each time the person operates the device, create a written record of the following:
 (i) the frequencies on which the device operated;
 (ii) if the device is a transmitter – the maximum power at which the device transmitted;
 (iii) the maximum EIRP of the device at the time it was operated.
 (4) If the exemption relates to the supply of a banned device, the person must, at the time of