Document ID: chunk:federal_register_of_legislation:F2017L01266:clause:5_8:p5
Version: federal_register_of_legislation:F2017L01266
Segment Type: clause
Provision Reference: sch 5 cl 8 (pt 5/9)
Character Range: 51182–54490

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:

(a)                if 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:

    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 the 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 interference between:

         (a)                radiocommunications devices operated under this licence; and

         (b)                radiocommunications devices operated under this licence and under each other spectrum licence held by the licensee.

Co-sited radiocommunications devices
3. If:

(a)  interference occurs between a radiocommunications device:

      (i) operated under this licence; and

      (ii) operated under another licence (the other licence);

         when the measured separation between the phase centre of the antenna used with each radiocommunications device is less than 200 metres; and

         (b) that interference is not the result of operation of a radiocommunications device in a manner that does not comply with the conditions of the relevant licence; and

         (c) either the licensee or the holder (or authorised third party) of the other licence wishes to resolve the interference;

    the licensee must manage interference with:

    (d) the holder of the other licence; or

         (e) if a site manager is responsible for managing interference at that location, that site manager.

Information for Register
    4. The licensee must give the ACMA all information as required by the ACMA from time to time for inclusion in the Register.

         Note: Licensees should assist the ACMA in keeping the Register accurate and up to date by informing the ACMA of changes to radiocommunications device registration details as soon as possible.

International coordination
    5. The licensee must ensure that operation of a radiocommunications transmitter under this licence does not cause harmful interference to a radiocommunications receiver that operates in accordance with the ITU Radio Regulations and is located in a country other than Australia.

Electromagnetic Energy (EME) requirements
    6. The licensee