Document ID: chunk:federal_register_of_legislation:F2025C00141:body:0:p2
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legislative instrument and is available, free of charge, from the Federal Register of Legislation at www.legislation.gov.au.
      exempt broadcasting service has the meaning given by subsection 18A (3) of the Broadcasting Services Act 1992.
      exempt person means a person who is exempt, under regulations made for the purpose of subsection 8(1) of the Radiocommunications Taxes Collection Act 1983, from the payment of apparatus licence tax.
      SBS means the Special Broadcasting Service Corporation established under subsection 5 (1) of the Special Broadcasting Service Act 1991.

      Note 1  In accordance with paragraph 13(1)(b) of the Legislative Instruments Act 2003, other expressions in this Determination have the same meaning as in the Act, including:
       ACMA
       apparatus licence
       apparatus licence tax
       Australia
       international broadcasting licence
       international broadcasting service

      Note 2  In accordance with section 64 of the Australian Communications and Media Authority Act 2005, other expressions in this Determination have the same meaning as in the Radiocommunications (Interpretation) Determination 2015, including:
       Act

       (2) In this Determination, unless the contrary intention appears, a reference to another legislative instrument is a reference to that other legislative instrument as in force from time to time.

      Note 1  For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislative Instruments Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.

      Note 2  All Commonwealth Acts and legislative instruments are available on the ComLaw website at http://www.comlaw.gov.au.

      5 Circumstances in persons must not be authorised to operate radiocommunications devices (paragraph 115(c) of the Act)

       (1) For paragraph 115 (c) of the Act, a licensee of an apparatus licence must not authorise another person to operate a radiocommunications device under the licence if:
               (a) the licensee is an exempt person; and
               (b) the other person is not an exempt person.

       (2) For paragraph 115 (c) of the Act, a licensee of an apparatus licence must not authorise another person to operate a radiocommunications device under the licence if:
               (a) the licensee is an eligible person; and
               (b) the other person is not:
                  (i) an eligible person; or
                  (ii) an exempt person.

       (3) For paragraph 115 (c) of the Act, a licensee of an apparatus licence must not authorise another person to operate a radiocommunications device under the licence if:
               (a) the apparatus licence authorises the operation of a radiocommunications device for the provision of an international broadcasting service; and
               (b) there is no international broadcasting licence in force that authorises the provision of that service.

       (4) For paragraph 115 (c) of the Act, the ABC or the SBS, as licensee of an apparatus licence providing a broadcasting service to