Document ID: chunk:federal_register_of_legislation:F2017L01266:clause:5_8:p4
Version: federal_register_of_legislation:F2017L01266
Segment Type: clause
Provision Reference: sch 5 cl 8 (pt 4/9)
Character Range: 48242–51455

the Australian Communications and Media Authority Act 2005;

         (b) spectrum access charges fixed by determinations made under section 294 of the Act; and

         (c) amounts of spectrum licence tax.

Third party use

         2. (1) The licensee must notify any person whom the licensee authorises, under section 68 of the Act, to operate radiocommunications devices under this licence of that person's obligations under the Act, in particular:

                (a) the registration requirements under Part 3.5 of the Act for operation of radiocommunications devices under this licence (if applicable); and

                (b) any rules made by 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. The licensee must not operate a radiocommunications transmitter under this licence unless:

(a) the radiocommunications transmitter has been exempted from the registration requirements under statutory condition 4 below; or

(b) both:

             (i)  the registration requirements under Part 3.5 of the Act for operation of the radiocommunications transmitter have been met; and

             (ii) the radiocommunications transmitter complies with the details about it as specified in the Register.

Exemption from registration requirements

    4. The following kinds of radiocommunications transmitters are exempt from the registration requirements in statutory condition 3:

(a) a radiocommunications transmitter that operates in the 2 GHz band with a maximum EIRP of less than or equal to 25 dBm per occupied bandwidth;

(b) a HAPS that does not exceed a power flux density of ‑121.5 dB(W/(m2.MHz)) at the Earth's surface outside the spectrum space as defined for this licence in Table 1 of Licence Schedule 1.

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: