Commonwealth Consolidated Acts

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RADIOCOMMUNICATIONS ACT 1992 - SECT 107

General conditions

  (1)   An apparatus licence is subject to the following conditions:

  (a)   a condition that the licensee, and any person authorised by the licensee to operate a radiocommunications device under the licence, must comply with this Act;

  (b)   a condition that the licensee inform each person so authorised of the person's obligations to comply with this Act and the conditions of the licence;

  (c)   a condition that the licensee meet all obligations (if any) of the licensee to pay:

  (i)   charges fixed by determinations under section   60 of the Australian Communications and Media Authority Act 2005 ; and

  (ii)   amounts of apparatus licence tax; and

  (iii)   amounts of interim tax;

  (d)   a condition that any radiocommunications device operated under the licence must comply with all the standards applicable to it under the equipment rules;

  (g)   such other conditions as are specified in the licence.

  (2)   Paragraphs   (1)(a), (b), (c) and (d) do not limit the kinds of conditions that may be specified under paragraph   (1)(g) or imposed under paragraph   111(1)(a).

Note:   Inclusion of conditions under paragraph   (1)(g) is a reviewable decision under Part   5.6.

  (3)   This section does not apply to:

  (a)   transmitter licences issued under section   101A or 102; or

  (c)   digital radio multiplex transmitter licences.

  (5)   If the issue of an apparatus licence is covered by section   153M (which deals with re - allocation of spectrum), a condition of the licence may provide for the progressive authorisation of the operation of the radiocommunications device under the licence. The progressivity is to be based on the times when a particular part or parts of the spectrum become available as a result of the expiry, surrender or cancellation of one or more other apparatus licences that, under section   153D, are affected by the spectrum re - allocation declaration concerned.

  (6)   Subsection   (5) does not, by implication, limit anything in subsection   (1).



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