Document ID: chunk:federal_register_of_legislation:F2021L01150:clause:5_9:p8
Version: federal_register_of_legislation:F2021L01150
Segment Type: clause
Provision Reference: sch 5 cl 9 (pt 8/12)
Character Range: 96575–99871

the licensee carries on business.

          (2) A person (the authorised person) authorised under section 68 of the Act in relation to this licence must not derive income, profits or gains from operating radiocommunications devices under this licence unless:

             (a) the authorised person is an Australian resident; or

             (b) the income, profits or gains are attributable to a permanent establishment in Australia through which the authorised person carries on business.

          (3) In this condition:

         Australian resident has the same meaning as in the Income Tax Assessment Act 1997.

         permanent establishment has the same meaning as in:

(a)                if the licensee or authorised person (as appropriate) is a resident of a country or other jurisdiction with which Australia has an agreement within the meaning of the International Tax Agreements Act 1953 — that agreement; or
(b)                in any other case — the Income Tax Assessment Act 1997.

Licence Schedule 4 Other Conditions
Definitions
1. In this Licence Schedule 4:

managing interference includes, but is not limited to, the following:

         (a)                investigating the possible causes of interference;

         (b)                taking all steps reasonably necessary to resolve disputes about interference;

         (c)                taking steps (or requiring persons authorised to operate radiocommunications devices under this licence to take steps) reasonably likely to reduce interference to acceptable levels;

         (d)                negotiating with other persons to reduce interference to acceptable levels.

Responsibility to manage interference
2. The licensee must manage interference between:

         (a)                radiocommunications devices operated under this licence; and

         (b)                radiocommunications devices operated under this licence and under each other spectrum licence held by the licensee.

Co-sited radiocommunications devices
3. If:

(a) interference occurs between:

      (i) a radiocommunications device operated under this licence; and

             (ii) another radiocommunications device operated under another licence (the other licence);

         when the measured separation between the phase centre of the antenna used with each device is less than 200 metres; and

         (b) that interference is not the result of operation of a radiocommunications device in a manner that does not comply with the conditions of the relevant licence; and

         (c) either the licensee or the holder (or authorised third party) of the other licence wishes to resolve the interference;

    the licensee must manage interference with:

    (d) the holder of the other licence; or

         (e) if a site manager is responsible for managing interference at that location, that site manager.

Information for Register
    4. The licensee must give the ACMA all information as required by the ACMA from time to time for inclusion in the Register.

         Note: Licensees should assist the ACMA in keeping the Register accurate and up to date by informing the ACMA of changes to device registration details as soon as possible.

International coordination
    5. The licensee must ensure that operation of