Document ID: chunk:federal_register_of_legislation:F2020L01450:clause:6_1:p3
Version: federal_register_of_legislation:F2020L01450
Segment Type: clause
Provision Reference: sch 6 cl 1 (pt 3/9)
Character Range: 79083–82386

transmitter complies with the details about it that have been entered in the Register.

Exemption from registration requirements

    4. The following kinds of radiocommunications transmitters are exempt from the registration requirement in Statutory Condition 3:

(a) a radiocommunications transmitter that operates with a maximum total radiated power that is less than or equal to 23 dBm per occupied bandwidth;

(b) an indoor transmitter; or

(c) a fixed transmitter which:

             (i)  is not a base station; and

             (ii)  operates with a maximum total radiated power that is:

               (A) greater than 23 dBm per occupied bandwidth; and

               (B) less than or equal to 35 dBm per occupied bandwidth.

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) 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 if:

(a)                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:

    26 GHz band spectrum licence means a spectrum licence that authorises the operation of radiocommunications devices anywhere in the frequency range 25.1 GHz–27.5 GHz.

    communal site has the same meaning as in the Radiocommunications (Interpretation) Determination 2015 as in force from time to time.

managing interference includes, but is not limited to:

         (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; and

         (d)                negotiating with other persons to reduce interference to acceptable levels.

Responsibility to manage interference
2. The licensee must manage