RADIOCOMMUNICATIONS ACT 1992 - SECT 108 Additional conditions for transmitter licences

RADIOCOMMUNICATIONS ACT 1992 - SECT 108

  (1)   A transmitter licence is subject to the additional conditions set out in subsection   (2) relating to the operation of any radiocommunications transmitter under the licence by the licensee, or by any person authorised by the licensee to operate a radiocommunications transmitter under the licence.

  (2)   The licensee, and any person so authorised:

  (a)   must not operate, or permit operation of, the transmitter for a purpose that is inconsistent with a purpose of a kind specified in the appropriate frequency band plan (if any) under subsection   32(4); and

  (b)   must not operate, or permit operation of, the transmitter except in accordance with any conditions specified in the licence that relate to:

  (i)   containment of interference, or of the likelihood of interference, to radiocommunications; or

  (ii)   transmission of an identification signal; and

  (c)   must not operate, or permit operation of, the transmitter except on a frequency or frequencies, or on a frequency channel, and at a constancy, specified in the licence; and

  (d)   must not operate, or permit operation of, the transmitter:

  (i)   in a way that would be likely to cause reasonable persons, justifiably in all the circumstances, to be seriously alarmed or seriously affronted; or

  (ii)   for the purpose of harassing a person; and

  (da)   must not operate, or permit operation of, the transmitter for transmitting an international broadcasting service unless there is in force an international broadcasting licence authorising the provision of that service; and

  (e)   if the licence is a licence in respect of which persons operating the transmitter are required under section   119 to be qualified operators in relation to the licence--must not operate the transmitter unless he or she is such a qualified operator; and

  (f)   must comply with section   187 of the Navigation Act 2012 ; and

  (g)   must comply with any direction:

  (i)   that relates to operation of the transmitter; and

  (ii)   to which subsection   (3) applies.

  (3)   This subsection applies to a direction that:

  (a)   is given, in a way not inconsistent with any relevant guidelines under section   112, either orally or in writing; and

  (b)   is given by:

  (i)   a member of the Australian Federal Police; or

  (ii)   a member of the police force of a State or Territory; or

  (iii)   an officer of the Defence Force; or

  (iv)   an officer of the Australian Coastal Surveillance Centre; or

  (v)   an officer who is included in a class of officers specified in the regulations, and who is an officer of an organisation specified in the regulations the sole or principal purpose of which is to deal with natural disasters; and

  (c)   is reasonably necessary for the purposes of:

  (i)   securing the safety of a vessel, aircraft or space object that is in danger; or

  (ii)   dealing with an emergency involving a serious threat to the environment; or

  (iii)   dealing with an emergency involving risk of death of, or injury to, persons; or

  (iv)   dealing with an emergency involving risk of substantial loss of, or substantial damage to, property.

  (4)   This section does not limit the kinds of conditions that may be specified under paragraph   107(1)(f) or (g) or imposed under paragraph   111(1)(a).

  (5)   This section does not apply to:

  (a)   transmitter licences issued under section   102; or

  (c)   digital radio multiplex transmitter licences.