Document ID: chunk:federal_register_of_legislation:F2024C00514:clause:5_33:p1
Version: federal_register_of_legislation:F2024C00514
Segment Type: clause
Provision Reference: sch 5 cl 33 (pt 1/2)
Character Range: 43275–46040

33  Prohibition – supply of cellular mobile repeater to unlicensed person
 (1) A supplier must not supply another person (other person) with a cellular mobile repeater in the course of carrying on a supply business.
 (2) Subsection (1) does not apply if:
 (a) the other person presents to the supplier a licence, or a duplicate of the licence, that authorises the other person to operate the cellular mobile repeater; and
 (b) the supplier records the matters specified in subsection (3) in relation to the supply of the cellular mobile repeater.
 (3) For the purposes of paragraph (2)(b), the matters are:
 (a) the following details about the licence, or duplicate of the licence, that was presented to the supplier:
 (i) the licence number;
 (ii) the date of issue;
 (iii) the date of expiry;
 (iv) the licence type;
 (v) the full name of the licensee;
 (b) if the supplier provided the cellular mobile repeater to a person other than the licensee – the full name of the person to whom the supplier provided the cellular mobile repeater (recipient);
 (c) other matters that the supplier considers, on reasonable grounds, confirm the identity of the recipient, such as a passport number or driver's licence number;
 (d) the date on which the supplier provided the cellular mobile repeater to the recipient;
 (e) matters that the supplier considers, on reasonable grounds, allow the cellular mobile repeater to be uniquely identified, such as the repeater's brand name, model number or serial number;
 (f) if the recipient claimed to the supplier to be an authorised representative or agent of the licensee – matters that the supplier considers, on reasonable grounds, confirm that the recipient is an authorised representative or agent of the licensee;
 (g) if the recipient claimed to the supplier to be an authorised person in relation to the licensee – matters that the supplier considers, on reasonable grounds, confirm that the recipient is an authorised person in relation to the licensee;
 (h) if the recipient claimed to the supplier to be an authorised representative or agent of a person (the intermediary) that is claimed to be an authorised person in relation to the licensee – matters that the supplier considers, on reasonable grounds, confirm that:
 (i) the intermediary is an authorised person in relation to the licensee; and
 (ii) the recipient is an authorised representative or agent of the intermediary.
Example: An example of matters mentioned in paragraph (f), (g) or (h) is relevant content of a written communication from the licensee, or from a person authorised by the licensee.
 (4) Without limiting this section, paragraph (2)(a) is satisfied if:
 (a) the other person presents to the supplier a document purporting to be a licence, or