Document ID: chunk:federal_register_of_legislation:F2021L00755:reg:8
Version: federal_register_of_legislation:F2021L00755
Segment Type: reg
Provision Reference: reg 8
Character Range: 3615–5104

8  Consistency with Act, instruments and procedural documentation
 (1) The operation of a device under the apparatus licence must be consistent with:
 (a) the Act;
 (b) subject to subsection (2), the spectrum plan;
 (c) subject to subsection (2), any applicable frequency band plan;
 (d) subject to subsection (2), any applicable condition specified in a determination made under subsection 110A(1) or (2) of the Act;
 (e) except to the extent any of the following is inconsistent with the Act or any legislative instrument made under the Act:
 (i) any procedural document, specified in the frequency assignment certificate, that applies to the frequency or frequencies, or the frequency channel, on which the device would operate;
 (ii) if subparagraph (i) does not apply – the interference management criteria:
                    (A) devised and used by the accredited person; and
                    (B) recorded by the accredited person in accordance with the Radiocommunications Accreditation (General) Rules 2021.
 (2) The operation of a device under the apparatus licence may be inconsistent with the spectrum plan, an applicable frequency band plan, or an applicable condition specified in a determination made under subsection 110A(1) or (2) of the Act, if:
 (a) the apparatus licence is of a kind mentioned in subsection 104(1) of the Act; and
 (b) the accredited person has consulted with the ACMA before issuing a frequency assignment certificate in relation to the licence.