Document ID: chunk:federal_register_of_legislation:F2023L01648:reg:3
Version: federal_register_of_legislation:F2023L01648
Segment Type: reg
Provision Reference: reg 3
Character Range: 24480–26492

3  Presumptions about compliance with the condition in subclause 2(1) – low risk stations
Application
 (1) This clause applies in relation to an amateur station (other than a mobile station):
 (a) for which:
 (i) the average total power supplied by the station to all antennas fed by the station is not more than 100 watts; and
 (ii) each antenna fed by the station is installed so that it is inaccessible to a member of the general public; or
 (b) for which:
 (i) the base of the lowest antenna fed by the station is at least 10 metres above ground level; and
 (ii) the average total EIRP of all antennas fed by the station is not more than 3200 watts in any direction.
 (2) This clause also applies to an amateur station that is a mobile station for which the average total power supplied by the station to all antennas fed by the station is not more than 100 watts.
Presumptions
 (3) A person is presumed, unless the contrary is proved, not to have operated an amateur station in contravention of the condition in subclause 2(1) if the person has a document that:
 (a) sets out the measurements or calculations for the station specified in subclause 2(2); and
 (b) those measurements or calculations are to the effect that the operation of the station would, if operated, comply with subclause 2(1).
 (4) A person is presumed, unless the contrary is proved, not to have operated an amateur station in contravention of the condition in subclause 2(1) if:
 (a) the station is, at the time of operation, located at a site that has more than one station; and
 (b) the person has made the measurements or calculations specified in subclause 4(2), for all the stations at the site, as a whole; and
 (c) those measurements or calculations are to the effect that the operation of all those stations, as a whole, would comply with subclause 2(1); and
 (d) the person has retained possession of a document setting out those measurements or calculations at all times since those measurements or calculations were made.