Document ID: chunk:federal_register_of_legislation:F2021L00617:front:0:p11
Version: federal_register_of_legislation:F2021L00617
Segment Type: other
Provision Reference: 
Character Range: 28370–31137

band by the service must not cause harmful interference to a transmitter or radiocommunications receiver, mentioned in subsection 23(2) or (3) of the Act, operating in accordance with the Radio Regulations.
12 Harmful interference — secondary services
    (1) This section applies to a secondary service that uses a frequency band.
    (2) The secondary service must not cause harmful interference to a primary service using the frequency band, including a primary service that starts to use the frequency band after the secondary service starts.
    (3) The secondary service must not cause harmful interference to a situation, or an activity, that is exempt, under Division 4 of Part 1.4 of the Act, from the operation of the Act.
    (4) The secondary service cannot claim protection from harmful interference caused by a primary service using the frequency band, including a primary service that starts to use the frequency band after the secondary service starts.
    (5) The secondary service may claim protection from harmful interference caused by another secondary service that:
          (a) is using the frequency band; and
          (b) was licensed after the first‑mentioned secondary service.
Note 1 A service to which this Spectrum Plan applies may not claim protection from harmful interference caused by a situation, or an activity, that is exempt, under Division 4 of Part 1.4 of the Act, from the operation of the Act.
Note 2   Other levels of interference protection are, or may be, provided for under the Act.
13 Interpretation of the Table
    (1) For this Spectrum Plan, a frequency band is identified by the range of numbers that:
          (a) is specified in a cell in column 2 of the Table; and
          (b) immediately precedes the first reference in the cell to a service.
    (2) The range of numbers that identifies a frequency band:
          (a) is expressed in kilohertz, megahertz or gigahertz, as the case requires; and
          (b) includes the higher, but not the lower, number.
Note   The units to be used with a frequency band specified in a cell are the SI units used with the frequency band shown at the head of the page of the Table on which the cell appears, that is, 'kHz', 'MHz' or 'GHz'. For example, '9‑14' in column 2 of the Table:
    (a) is read as 'the 9‑14 kilohertz frequency band'; and
    (b) refers to radio frequencies that exceed 9 kilohertz but do not exceed 14 kilohertz.
    (3) If an Australian footnote reference appears in a cell immediately after the description of a service, the operation of the service is subject to the condition or restriction specified in that footnote reference as set out in Part 3.
    (4) However, if an Australian footnote reference appears in a cell in another position,