Document ID: chunk:federal_register_of_legislation:F2021L01150:clause:5_9:p7
Version: federal_register_of_legislation:F2021L01150
Segment Type: clause
Provision Reference: sch 5 cl 9 (pt 7/12)
Character Range: 93784–96856

the licence, does not exceed a total conducted power of 33 dBm per 30 kHz.
Licence Schedule 3 Statutory Conditions
Liability to pay charges

    1. The licensee must comply with all its obligations (if any) to pay:
         (a) charges fixed by determinations made under section 60 of the Australian Communications and Media Authority Act 2005; and

         (b) spectrum access charges fixed by determinations made under section 294 of the Act; and

         (c) amounts of spectrum licence tax.

Third party use

         2. (1) The licensee must notify any person whom the licensee authorises, under section 68 of the Act, to operate radiocommunications devices under this licence of that person's obligations under the Act, in particular:

                (a) the registration requirements under Part 3.5 of the Act for operation of radiocommunications devices under this licence; and

                (b) any rules made by the ACMA under subsection 68(3) of the Act.

          (2) Any person other than the licensee who operates a radiocommunications device under this licence must comply with rules made by the ACMA under subsection 68(3) of the Act.

Radiocommunications transmitter registration requirements

    3. A person must not operate a radiocommunications transmitter under this licence unless:

(a) the transmitter has been exempted from the registration requirements, under Statutory Condition 4 below; or

(b) both:

             (i)  the requirements under Part 3.5 of the Act relating to registration of the transmitter have been met; and

             (ii) the 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 radiated maximum true mean power that is less than or equal to 25 dBm EIRP per occupied bandwidth in:

             (i) the frequency range 814 MHz to 825 MHz; or

             (ii) the frequency range 890 MHz to 915 MHz;

(b) a radiocommunications transmitter that operates with a radiated maximum true mean power that is less than or equal to 30 dBm EIRP per occupied bandwidth in:

             (i) the frequency range 859 MHz to 870 MHz; or

             (ii) the frequency range 935 MHz to 960 MHz.

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) A person (the authorised person) authorised under section 68 of the Act in relation to this licence must not derive income, profits or gains from operating radiocommunications devices under this licence unless:

             (a) the