Document ID: chunk:federal_register_of_legislation:F2023C00550:clause:4_9:p3
Version: federal_register_of_legislation:F2023C00550
Segment Type: clause
Provision Reference: sch 4 cl 9 (pt 3/6)
Character Range: 101900–104892

outside certain bands

Column 1              Column 2                    Column 3
Frequency range (f)   Total radiated power (dBm)  Specified bandwidth
9 kHz ≤ f < 150 kHz   -27                         1 kHz
150 kHz ≤ f < 30 MHz  -27                         10 kHz
30 MHz ≤ f < 1 GHz    -27                         100 kHz
1 GHz ≤ f < 19 GHz    -21                         1 MHz

       10  Permission – RALI MS 47

       Permission to operate transmitter otherwise than in accordance with RALI MS 47

        (1) If:
           (a) a licensee is given permission under this clause in relation to the operation of a radiocommunications transmitter otherwise than in accordance with a requirement of RALI MS 47; and
           (b) the requirement of RALI MS 47 relates to a matter specified in clause 4; and
           (c) operation of the transmitter would, but for the effect of this clause, contravene the condition in clause 4; and
           (d) the ACMA has not revoked the permission;
         the licensee does not contravene the condition in clause 4 if they operate the transmitter in accordance with the permission.

       Application for permission

        (2) A licensee may apply, in writing, to the ACMA for permission to operate a radiocommunications transmitter otherwise than in accordance with a requirement of RALI MS 47 that relates to a matter specified in clause 4.

        (3) An application under subclause (2) must be:
           (a) in a form approved by the ACMA (if any); and
           (b) made in a manner approved by the ACMA (if any); and
           (c) accompanied by the charged determined by the ACMA (if any) under section 60 of the Australian Communications and Media Authority Act 2005.

        (4) The ACMA may approve one or more forms for the purposes of paragraph (3)(a).

        (5) The ACMA may approve one or more manners of applying, for the purposes of paragraph (3)(b).

       Decision whether to give permission

        (6) If a licensee makes an application under subclause (2), the ACMA must decide whether to give permission within 30 days after the application is made, or such longer period as agreed between the ACMA and the licensee.

        (7) Before deciding whether to give permission, the ACMA may have regard to the following matters:
           (a) the potential for the radiocommunications transmitter to cause interference to radiocommunications involving existing or future radiocommunications services;
           (b) the efficient management of the 3400 MHz to 4000 MHz frequency band;
           (c) any other matter the ACMA considers relevant.

        (8) The ACMA may:
           (a) give permission to operate a radiocommunications transmitter otherwise than in accordance with a requirement of RALI MS 47 that relates to a matter specified in clause 4; or
           (b) give permission to operate a radiocommunications transmitter otherwise than in accordance with a requirement of RALI MS 47 that relates