Document ID: chunk:federal_register_of_legislation:F2017L01256:clause:5_8:p5
Version: federal_register_of_legislation:F2017L01256
Segment Type: clause
Provision Reference: sch 5 cl 8 (pt 5/10)
Character Range: 52348–55503

from the registration requirements under Statutory Condition 4 below; or

(b) both:

             (i)  the requirements under Part 3.5 of the Act relating to registration of the transmitter have been met; and

             (ii) the transmitter complies with the details about it that have been entered in the Register.

Exemption from registration requirements

    4. The following kinds of radiocommunications transmitters are exempt from the registration requirement in Statutory Condition 3:

(a) a transmitter that operates in the 2.3 GHz band with a maximum radiated true mean power of less than or equal to 23 dBm per occupied bandwidth;

(b) a transmitter that operates in the 2.3 GHz band where:

             (i) the maximum radiated true mean power is always less than or equal to 43 dBm per occupied bandwidth; and

             (ii) the phase centre of the antenna is less than or equal to 10 metres above the ground level; and

             (iii) the antenna has a front-to-back ration greater than or equal to 20 dB.

Residency

         5. (1) The licensee must not derive any income, profits or gains from operating radiocommunications devices under this licence, or from authorising an authorised person to do so, unless:

               (a) the licensee is an Australian resident; or

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

          (2) An authorised person must not derive income, profits or gains from operating radiocommunications devices under this licence, or from allowing third parties to operate 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.

         authorised person means a person authorised under section 68 of the Act by the licensee to operate radiocommunications devices under this licence.

         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:

    communal site has the same meaning as in the Radiocommunications (Interpretation) Determination 2015 as in force from time to time.

    earth station has the same meaning as in the Radiocommunications (Interpretation) Determination 2015 as in force from time to time.

managing interference includes, but is not limited to:

         (a)                investigating the possible causes of the interference;

         (b)                taking all steps reasonably necessary