Document ID: chunk:federal_register_of_legislation:F2023L00854:clause:7_8:p7
Version: federal_register_of_legislation:F2023L00854
Segment Type: clause
Provision Reference: sch 7 cl 8 (pt 7/14)
Character Range: 130560–133815

the ACMA under subsection 68(3) of the Act.

          (2) Any person other than the licensee who operates a radiocommunications device under this licence must comply with rules made by the ACMA under subsection 68(3) of the Act.

Radiocommunications transmitter registration requirements

    3. A person must not operate a radiocommunications transmitter under this licence unless:

(a) the transmitter has been exempted 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. Radiocommunications transmitters that operate in the 3.4 GHz band with a maximum total radiated power of less than or equal to 28 dBm per occupied bandwidth are exempt from the registration requirement in Statutory Condition 3(b).

Residency

         5. (1) The licensee must not derive any income, profits or gains from operating radiocommunications devices under this licence, or from authorising others 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) 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.

    special subframe configuration 6 means a special subframe configuration, as referred to in clause 4.2 of 3GPP TS 36.211, that is consistent with special subframe configuration 6, as referred