Radiocommunications (Low Interference Potential Devices) Class Licence Variation 2023 (No. 1)

Dated: 23 February 2023

Chris Jose

[signed]

Member

Linda Caruso

[signed]

Member/General Manager

1  Name

  This is the Radiocommunications (Low Interference Potential Devices) Class Licence Variation 2023 (No. 1).

2  Commencement

  This instrument commences on 2 March 2023.

3  Authority

  This instrument is made under subsection 132(1) of the Radiocommunications Act 1992.

4  Schedule

  The instrument that is specified in Schedule 1 to this instrument is varied as set out in the applicable items in that Schedule.

Schedule 1—Variations

(section 4)

Radiocommunications (Low Interference Potential Devices) Class Licence 2015 (F2015L01438)

1  Subsection 3A(1) (definition of significant event)

Repeal the definition, substitute:

significant event means:

(a) an event declared by the ACMA under subsection 54A(2) of the Radiocommunications Equipment (General) Rules 2021; or

(b)      if an event (the relevant event) was a significant event (within the meaning of this Class Licence as in force immediately before the commencement of the Radiocommunications (Low Interference Potential Devices) Class Licence Variation 2023 (No. 1)) and the whole or a part of the relevant event occurs after that commencement – the relevant event.

Note The Radiocommunications Equipment (General) Rules 2021 and the Radiocommunications (Low Interference Potential Devices) Class Licence Variation 2023 (No. 1) are available, free of charge, from the Federal Register of Legislation at www.legislation.gov.au.

2  Subsections 5(1), (2) and (3)

Repeal the subsections (not including the notes to subsection (3)), substitute:

 (1) A person must not operate a transmitter under this Class Licence if:

 (a) operation of the transmitter would contravene a prohibition or an obligation imposed by the equipment rules; or

 (b) the transmitter does not comply with an applicable instrument for the transmitter (if any).

Note For paragraph (a), the equipment rules may provide for an exemption to a prohibition or an obligation, or may allow for a permit to perform an act that would otherwise contravene a prohibition or an obligation.

 (2) Paragraph (1)(b) does not apply in relation to the operation of a transmitter under this Class Licence if:

 (a) the transmitter is imported solely for use or operation in Australia in connection with a significant event;

 (b) in a case where there is a requirement, imposed otherwise than by an applicable instrument for the transmitter, to the effect that the transmitter is tested or inspected before it may be used or operated in Australia – the requirement has been satisfied;

 (c) in a case where there is a condition or requirement, imposed otherwise than by an applicable instrument for the transmitter, on the use or operation of the transmitter in Australia – the transmitter is only used or operated in compliance with that condition or requirement; and

 (d) the transmitter is used or operated in Australia only at the location, and only during the period, of the significant event.

 (3) In this section, applicable instrument, for a transmitter mentioned in column 1 of an item in Schedule 2, means an international instrument that applies to the transmitter that is mentioned in column 2 of the item.

3  Subsection 5(3) (note 3)

Omit “or C-Tick compliance mark”, substitute “(or the C-Tick mark before 1 March 2016)”.

4  Schedule 2 (note to Schedule heading)

Omit “paragraph 5(3)(b)”, substitute “subsection 5(3)”.