Document ID: chunk:federal_register_of_legislation:F2021L00617:front:0:p10
Version: federal_register_of_legislation:F2021L00617
Segment Type: other
Provision Reference: 
Character Range: 25826–28642

an atmospheric and ionospheric sounder of a specified or unspecified service, but that use must not cause harmful interference to a specified service for the frequency band.
    (7) A frequency band may be used for an unspecified service if the use of the service is in the public interest for defence or national security.
    (8) A frequency band may be used for a radio astronomy service if provision is made for that use in a frequency band plan.
    (9) A frequency band may be used by an earth receive station in a frequency band allocated for the fixed-satellite service (space-to-Earth) where that station is in motion, or in a stationary position at an unspecified point on land, on water or in the air.
    (10) A frequency band may be used for an unspecified service if, prior to that use, the ACMA, being satisfied that the unspecified service is unlikely to cause harmful interference to another service, has approved the unspecified service in writing and given notice of that approval on its website.
    (11) Any written approval of an unspecified service given by the ACMA and published on its website under subsection 10(10) of the Australian Radiofrequency Spectrum Plan 2017 is taken to have been approved and published under subsection 10(10) of this Spectrum Plan.
Note   The ACMA's website is at: www.acma.gov.au.
11 Harmful interference — general
    (1) If this Spectrum Plan provides that the use of a frequency band by a service must not cause harmful interference to another service, the first‑mentioned service may not claim protection from harmful interference caused by the second‑mentioned service.
Note   This requirement appears in section 10 and some footnotes to the Table in Parts 3 and 4.
    (2) If this Spectrum Plan provides that a service that uses a frequency band may not claim protection from harmful interference caused by another service, the first‑mentioned service must not cause harmful interference to the second‑mentioned service.
    (3) If a frequency band is used by a service otherwise than in accordance with the Radio Regulations, the use of the frequency band by the service must not cause harmful interference to a station outside Australia operating in accordance with the Radio Regulations.
Note   As well as subsection 11(3), the Radio Regulations set out requirements for the coordination or notification of services mentioned in those regulations.
    (4) If a frequency band is used by a service otherwise than in accordance with the Radio Regulations, the use of the frequency band by the service must not cause harmful interference to a transmitter or radiocommunications receiver, mentioned in subsection 23(2) or (3) of the Act, operating in accordance with the Radio Regulations.
12 Harmful interference — secondary services
    (1) This section