Document ID: chunk:federal_register_of_legislation:F2023L00277:reg:12:p1
Version: federal_register_of_legislation:F2023L00277
Segment Type: reg
Provision Reference: reg 12 (pt 1/2)
Character Range: 14444–17489

12  Transitional – radiocommunications transmitter registered before commencement of this instrument
 (1) If a radiocommunications transmitter was included in the Register in relation to a 700 MHz band spectrum licence before the commencement of this instrument (relevant transmitter), this section applies in relation to that transmitter.
 (2) Subject to subsection (3), for the purposes of subsection 145(4) of the Act, a level of interference caused by a relevant transmitter is unacceptable if it would have been unacceptable under the Radiocommunications (Unacceptable Levels of Interference – 700 MHz Band) Determination 2012 as in force at the time the relevant transmitter was included in the Register.

            Note: The Radiocommunications (Unacceptable Levels of Interference – 700 MHz Band) Determination 2012  is available, free of charge, from the Federal Register of Legislation at www.legislation.gov.au.
 (3) For the purposes of subsection 145(4) of the Act, if:
 (a) after the commencement of this section, both:
 (i) a detail of a relevant transmitter changes (relevant change); and
 (ii) the change to the detail is recorded in the Register; and
 (b) the distance of the new device boundary of the relevant transmitter is, on each radial mentioned in item 1 of Schedule 2, equal to or less than the distance of the old device boundary of the relevant transmitter on that radial; and
 (c) but for the effect of this subsection, a level of interference caused by the relevant transmitter, immediately after the change time, would be unacceptable;
       the level of interference caused by the relevant transmitter, immediately after the change time, is not unacceptable because of the relevant change.
 (4) In subsection (3):

       change time, for a relevant transmitter, means the time the relevant change is recorded in the Register.

       new device boundary, of a relevant transmitter, means the device boundary of the transmitter established immediately after the change time, in accordance with this instrument as in force at the change time.

       old device boundary, of a relevant transmitter, means the device boundary of the transmitter established immediately before the change time, in accordance with the Radiocommunications (Unacceptable Levels of Interference – 700 MHz Band) Determination 2012, as in force at the registration time.

       registration time, for a relevant transmitter, means the time the transmitter was included in the Register.

Schedule 1 Location
  (subsection 5(1))
   1  Location

         (1) The location of a radiocommunications transmitter (lt, Lt) is the location (by latitude and longitude with reference to GDA94) of the phase centre of the radiocommunications transmitter's antenna.

         (2) The location of a group of radiocommunications transmitters (lt, Lt) is the location (by latitude and longitude with reference to the GDA94) of the centre point between the phase centre of each radiocommunications transmitter antenna within the group.

         (3) In