Commonwealth Numbered Acts

RADIOCOMMUNICATIONS ACT 1992 No. 174, 1992 - SECT 145

145.(1) The SMA may:

   (a)  refuse to include in the Register under paragraph 144(1)(e) details of
        a radiocommunications transmitter that is proposed to be operated
        under a spectrum licence; if the SMA is satisfied that:

   (b)  operation of the transmitter could cause an unacceptable level of
        interference to the operation of other radiocommunications devices
        under that or any other spectrum licence, or any other licence. Note:
        Operation of a radiocommunications transmitter without registration of
        its details may breach a licence condition under section 69.

(2) If the SMA refuses an application to include in the Register details of
such a transmitter, it must give the applicant written notice of the refusal,
together with a statement of its reasons. Note: Refusals to include in the
Register such details are reviewable decisions under Part 5.6.

(3) The SMA may require that, before such details are included in the
Register, there be presented to the SMA a certificate, issued by a person
accredited under section 263 to issue certificates for the purposes of this
section, stating that operation of the device under the licence will not cause
an unacceptable level of interference to the operation of other
radiocommunications devices under that or any other spectrum licence, or any
other licence.

(4) The SMA may determine, by written instrument, what are unacceptable levels
of interference for the purposes of this section.