Document ID: chunk:federal_register_of_legislation:F2024C00514:clause:5_45
Version: federal_register_of_legislation:F2024C00514
Segment Type: clause
Provision Reference: sch 5 cl 45
Character Range: 58852–60434

45  Permissions in force before commencement of instrument
 (1) If:
 (a) before the commencement day, the ACMA had given written permission (pre-existing permission) to a person under section 174 of the Act as in force immediately before the commencement day; and
 (b) the pre-existing permission was in force immediately before the commencement day; and
 (c) the pre-existing permission authorised the person to supply a non-standard device specified in the pre-existing permission (specified device);
  the person is taken to have been issued a permit under section 39 of this instrument that:
 (d) authorises the person to supply a device;
 (e) specifies the date 1 year after the commencement day as the date on which the permit expires;
 (f) specifies each standard for which the specified device was a non-standard device;
 (g) includes each condition included in the pre-existing permission;
 (h) includes a condition that the person is only authorised to supply the specified device.
 (2) In this section:
commencement day means the day Part 1 of Schedule 4 to the Radiocommunications Legislation Amendment (Reform and Modernisation) Act 2020 commenced.
non-standard device has the meaning given by subsection 9(2) of the Act, as in force immediately before the commencement day.
Note: For permits issued under repealed subsection 167(2) of the Act that were in force immediately before the commencement of Part 1 of Schedule 4 to the Radiocommunications Legislation Amendment (Reform and Modernisation) Act 2020, see item 47 of Schedule 4 to that Act.

Part 8—Exemptions