Document ID: chunk:federal_register_of_legislation:F2023L00854:clause:5_1
Version: federal_register_of_legislation:F2023L00854
Segment Type: clause
Provision Reference: sch 5 cl 1
Character Range: 92093–93939

1  Emission limits outside the area specified by written agreement
 (1) For a spectrum licence (the relevant licence) that authorises the operation of radiocommunications devices within a part of the spectrum (the relevant part), in relation to an area (the relevant area), the maximum permitted level of radio emission outside the relevant area is:
 (a) in relation to an area covered by a written agreement that satisfies the requirements of subclause (2) – the level specified in that agreement; or
 (b) otherwise – determined in accordance with clause 2.
 (2) A written agreement satisfies the requirements of this subclause if:
 (a) the licensee of the relevant licence is a party; and
 (b) the licensee of each spectrum licence that is geographically affected by the relevant area is a party; and
 (c) the agreement is about the permitted level of radio emission, in one or more areas outside the relevant area, caused by the operation of one or more radiocommunications devices authorised by the relevant licence.
Note: A licensee of a spectrum licence that is not geographically affected by the relevant area may be a party to the agreement, but is not required to be a party for the purposes of this subclause.
 (3) In subclause (2), a spectrum licence (the affected licence) is geographically affected by the relevant area if:
 (a) the affected licence authorises the operation of radiocommunications devices in a part of the spectrum that overlaps, wholly or partly, with the relevant part, in an area (the affected area); and
 (b) the affected area adjoins or partly overlaps the relevant area.
Note: A spectrum licence may specify more than one part of the spectrum, and each such part of the spectrum may be specified in relation to a different area. This clause applies separately and independently in relation to each such area.