Document ID: chunk:federal_register_of_legislation:F2021C01209:reg:4a:p1
Version: federal_register_of_legislation:F2021C01209
Segment Type: reg
Provision Reference: reg 4A (pt 1/9)
Character Range: 9345–12334

4A  References to other instruments

         In this Determination, unless the contrary intention appears:
           (a) a reference to any other legislative instrument is a reference to that other legislative instrument as in force from time to time; and
           (b) a reference to any other kind of instrument or writing is a reference to that other instrument or writing as in force or in existence from time to time.

            Note 1 For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.

            Note 2 All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.

            Note 3 See section 314A of the Act.

Part 2 Operation of transmitters – general conditions

6 Conditions
       (1)   Every licence is subject to the conditions in this Part and Part 3 of this Determination relating to the operation of any transmitter under the licence by the licensee.

       Note A licensee is required, when operating under an apparatus licence (see subsection 97(4) of the Act), to comply with any licence conditions and any conditions on the licence made by the ACMA. This Determination sets out licence conditions that ensure that electromagnetic radiation (RF levels) emitted by a transmitter operated by the licensee do not exceed safe levels for general public exposure. The licensee is responsible for ensuring compliance with the requirements in this Determination.

       (2)   However, Part 3 of this Determination does not apply in relation to:

         (a)   the operation of a transmitter under a licence of a type mentioned in item 15 of Schedule 1 to the Radiocommunications (Specified Radiocommunications Receivers and Types of Transmitter Licences and Receiver Licences) Determination 2014, by a licensee; or

          Note Item 15 refers to a space licence.

         (b)   the operation of a compliant mobile station.

       (3)   For the purposes of paragraph (2)(b), a mobile station is a compliant mobile station if:
          (a) clause 3 of Schedule 4 to the Radiocommunications Equipment (General) Rules 2021 prescribes a standard for the mobile station; and
          (b) the mobile station complies with that standard; and
          (c) the mobile station is not a device mentioned in section 53 of the Radiocommunications Equipment (General) Rules 2021.
7 Permitted communications
       The licensee must operate a transmitter only to communicate with a station or receiver with which the licensee is permitted by the terms of the licence to communicate, unless:
         (a)   the transmission of a message is in relation to a distress or emergency situation; or
         (b)   the licensee is authorised, in writing, by the ACMA or an inspector, to communicate with another station or receiver in relation to the