Radiocommunications (section 145(3) Certificates) Determination 2000 (Cth)

Radiocommunications (section 145 (3) Certificates) Determination 2000

as amended

made under section 266A of the

Radiocommunications Act 1992

This compilation was prepared on 1 January 2006
taking into account amendments up to Radiocommunications (section 145 (3) Certificates) Amendment Determination 2005 (No. 1)

Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department, Canberra

Contents

1Title [see Note 1]   3

2Commencement   3

3Purpose   3

4Interpretation   3

5Conditions   3

Notes 4

1. Title [see Note 1]

This determination is the Radiocommunications (section 145 (3) Certificates) Determination 2000.

1. Commencement

This determination commences on 4 December 2000.

1. Purpose

This determination sets out the conditions that apply in relation to the issuing of a certificate under subsection 145 (3) of the Act for any band.

1. Interpretation

In this determination, unless the contrary intention appears:

accredited person means a person accredited under section 263 of the Act to issue certificates for the purposes of section 145 of the Act.

the Act means the Radiocommunications Act 1992.

Section 145 determination means a determination of unacceptable levels of interference made by the ACA under section 145 of the Act for a particular band.

1. Conditions

The conditions for the issue of a certificate under subsection 145 (3) of the Act, for a transmitter operating under a spectrum licence issued for a band, are that:

(a)    the accredited person is satisfied that the operation of the device will not cause an unacceptable level of interference as set out in the section 145 determination for the band; or

(b)    the accredited person is satisfied that sufficient internal guard space has been allocated to mitigate potential interference from the transmitter, in accordance with the Radiocommunications Advisory Guidelines (Registration of Devices under Spectrum Licences without an Interference Impact Certificate) 1998; or

(c)    the accredited person is satisfied that consent in writing to interference from the transmitter has been given by all licensees who, in the opinion of the accredited person, may be affected by the interference.

Notes to the Radiocommunications (section 145 (3) Certificates) Determination 2000

Note 1

The Radiocommunications (section 145 (3) Certificates) Determination 2000 (in force under section 266A of the Radiocommunications Act 1992) as shown in this compilation is amended as indicated in the Tables below.

Under the Legislative Instruments Act 2003, which came into force on 1 January 2005, it is a requirement for all non-exempt legislative instruments to be registered on the Federal Register of Legislative Instruments.

Table of Instruments

Title	Date of notification in Gazette or FRLI registration	Date of commencement	Application, saving or transitional provisions
Radiocommunications (section 145 (3) Certificates) Determination 2000	6 Dec 2000 (see Gazette 2000, No. S617	4 Dec 2000
Radiocommunications (section 145 (3) Certificates) Amendment Determination 2005 (No. 1)	18 Oct 2005 (see F2005L03101)	1 Jan 2006	—

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted
Provision affected	How affected
S. 3.........................................	am. 2005 No. 1
S. 5.........................................	rs. 2005 No. 1