Document ID: chunk:federal_register_of_legislation:C2021C00345:clause:4_47:p1
Version: federal_register_of_legislation:C2021C00345
Segment Type: clause
Provision Reference: sch 4 cl 47 (pt 1/2)
Character Range: 146075–148681

47  Transitional—permits

Scope
(1) This item applies to a permit if:
 (a) the permit was in force immediately before the commencement of this item; and
 (b) the permit was issued under subsection 167(2) of the Radiocommunications Act 1992.

Effect of permit
(2) The permit has effect, after the commencement of this item, as if:
 (a) it had been issued by the ACMA under equipment rules made for the purposes of subsection 159(15) of the Radiocommunications Act 1992; and
 (b) any requirement imposed by the equipment rules in relation to the issue of the permit (including a requirement about the form of words) had been satisfied; and
 (c) any reference in the permit to a non‑standard device were a reference to a device that:
 (i) if the device has not been altered or modified in a material respect after its manufacture or, if it has been imported, after its importation—does not comply with a standard that was applicable to it when it was manufactured or imported, as the case may be; or
 (ii) if the device was so altered or modified—does not comply with a standard that was applicable to it when it was so altered or modified; and
 (d) any reference in the permit to non‑standard devices were a reference to devices that:
 (i) if the devices have not been altered or modified in a material respect after their manufacture or, if they have been imported, after their importation—do not comply with a standard that was applicable to them when they were manufactured or imported, as the case may be; or
 (ii) if the devices were so altered or modified—do not comply with a standard that was applicable to them when they were so altered or modified.
(3) For the purposes of paragraphs (2)(c) and (d), the standard that was applicable to a device at a particular time is:
 (a) if that time occurred before the commencement of this item—the standard that:
 (i) was made under section 162 of the Radiocommunications Act 1992 before the commencement of this item; and
 (ii) was applicable to the device at that time; or
 (b) if that time occurred at or after the commencement of this item—the standard that:
 (i) was prescribed by the equipment rules; and
 (ii) was applicable to the device at that time.
(4) If the permit authorises radio emission, the permit remains in force until the end of the day of expiration specified in the permit.
(5) If the permit does not authorise radio emission, the permit remains in force:
 (a) if the permit specifies a day of expiration—until the end of that day; or
 (b) otherwise—indefinitely.
(6) Subitems (4) and (5) have effect subject to:
 (a) the provisions of