Document ID: chunk:federal_register_of_legislation:F2023C00611:body:0:p7
Version: federal_register_of_legislation:F2023C00611
Segment Type: other
Provision Reference: 
Character Range: 16846–19807

transmitter if the ACMA is satisfied that operation of the transmitter could cause an unacceptable level of interference to the operation of other radiocommunications devices. However, some radiocommunications transmitters are exempt from the requirement to be registered in the Register under a 3.4 GHz band spectrum licence – see subsection 69(2) of the Act. Accordingly, these transmitters are not required to meet the device boundary criterion specified in this Determination.

   10 Accuracy

   Unless otherwise specified, the value of a parameter in Schedules 2 and 3 must be estimated with a level of confidence not less than 95 percent that the true value of the parameter will always remain below the requirement specified in this Determination.
   11 Transition – radiocommunications transmitter registered before commencement of this section

   (1) If a radiocommunications transmitter was included in the Register in relation to a spectrum licence in the 3.4 GHz band before the commencement of this section (relevant transmitter), this section applies in relation to that transmitter.

   (2) Subject to subsection (3), for the purposes of subsection 145(4) of the Act, a level of interference caused by a relevant transmitter is unacceptable if it would have been unacceptable under this Determination as in force at the time the relevant transmitter was included in the Register.

    Note This Determination, and previous versions of this Determination, can be obtained, free of charge, from the Federal Register of Legislation: www.legislation.gov.au.

   (3) For the purposes of subsection 145(4) of the Act, if:

   (a) after the commencement of this section, both:

     (i) a detail of a relevant transmitter changes (relevant change); and

     (ii) the change to the detail is recorded in the Register; and

     (b) the distance of the new device boundary of the relevant transmitter is, on each radial mentioned in Part 1 of Schedule 2, equal to or less than the distance of the old device boundary of the relevant transmitter on that radial; and

     (c) but for the effect of this subsection, a level of interference caused by the relevant transmitter, immediately after the change time, would be unacceptable;

   the level of interference caused by the relevant transmitter, immediately after the change time, is not unacceptable because of the relevant change.

(4) In subsection (3):

   change time, for a relevant transmitter, means the time the relevant change is recorded in the Register.

   new device boundary, of a relevant transmitter, means the device boundary of the transmitter established immediately after the change time, in accordance with this Determination as in force at the change time.

   old device boundary, of a relevant transmitter, means the device boundary of the transmitter established immediately before the change time, in accordance with this Determination as in force at the registration time.