facilitates the efficient planning, allocation and use of the spectrum; and

facilitates the use of the spectrum for:

commercial purposes; and

defence purposes, national security purposes and other non-commercial purposes (including public safety and community purposes); and

supports the communications policy objectives of the Commonwealth Government.

this Act; or

(b) the Radiocommunications (Receiver Licence Tax) Act 1983; or

(c) the Radiocommunications (Spectrum Licence Tax) Act 1997; or

(d) the Radiocommunications Taxes Collection Act 1983; or

(e) the Radiocommunications (Transmitter Licence Tax) Act 1983; or

(f) Broadcasting Services Act 1992; orPart 14AA of the

(g) Australian Communications and Media Authority Act 2005, to the extent that the powers relate to the performance of the ACMA’s spectrum management functions.section 12 of the

the performance of any of the ACMA’s spectrum management functions; or

the exercise of any of the ACMA’s spectrum management powers.

an instrument made by the ACMA; or

anything else done by the ACMA;

consult the Minister; and

undertake any other consultation that is appropriate and reasonably practicable.

consult the Minister; and

undertake any other consultation that is:

considered by the ACMA to be appropriate to undertake; and

reasonably practicable to undertake.

(h) if a work program was applicable to the period under Radiocommunications Act 1992—a report on the extent to which the ACMA’s activities during the period gave effect to the work program.section 28E of the

for a spectrum licence—has the meaning given by section 65A; or

for an apparatus licence—has the meaning given by section 103A.

for a spectrum licence—has the meaning given by section 65A; or

for an apparatus licence—has the meaning given by section 103A.

for a spectrum licence—has the meaning given by section 65A; or

for an apparatus licence—has the meaning given by section 103A.

for a spectrum licence—has the meaning given by section 65A; or

for an apparatus licence—has the meaning given by section 103A.

at the frequencies specified in the plan; and

within the area or areas specified in the plan.

at one or more frequencies; and

within one or more areas;

at those frequencies; and

within those areas;

by auction; or

by tender; or

by allocation for a pre-determined price or a negotiated price; or

by direct allocation; or

by a combination of any or all of the following:

auction;

tender;

allocation for a pre-determined price or a negotiated price;

direct allocation.

by issuing spectrum licences; or

by a combination of:

issuing spectrum licences; and

issuing apparatus licences.

by auction; or

by tender; or

by allocation for a pre-determined price or a negotiated price; or

by direct allocation; or

by a combination of any or all of the following:

auction;

tender;

allocation for a pre-determined price or a negotiated price;

direct allocation.

at a particular time, a person has a radiocommunications device in the person’s possession, otherwise than for the purpose of supplying the radiocommunications device to another person; and

the radiocommunications device can be operated;

immediately; or

after taking one or more steps (for example, the connection of the radiocommunications device to a power supply).

by a combination of any or all of the following:

auction;

tender;

allocation for a pre-determined price or a negotiated price;

direct allocation.

eligibility requirements (if any) for participation in auctions;

credits (if any) for prospective bidders;

eligibility requirements (if any) for submission of a tender;

credits (if any) for prospective tenderers;

eligibility requirements (if any) for prospective licensees;

credits (if any) for prospective licensees;

impose limits on the aggregate of the parts of the spectrum that:

under transmitter licences; and

under existing spectrum licences; and

as a result of the allocation of spectrum licences under this Subdivision;

any one person; or

a specified person; or

impose limits on the aggregate of the parts of the spectrum that:

under transmitter licences; and

under existing spectrum licences; and

as a result of the allocation of spectrum licences under this Subdivision;

on a specified frequency or frequencies, or on a specified frequency channel; and

at a specified constancy; and

at a specified location; and

subject to specified technical conditions;

a person specified in procedures determined under section 60; or

a person ascertained in accordance with procedures determined under section 60.

at one or more frequencies; and

within one or more areas;

at those frequencies; and

within those areas.

a statement to the effect that the licence cannot be renewed; or

a statement to the effect that the licence may be renewed at the discretion of the ACMA; or

a statement to the effect that the licence may be renewed at the discretion of the ACMA so long as specified circumstances exist.

a statement to the effect that the licence cannot be renewed;

a statement to the effect that the licence may be renewed at the discretion of the ACMA;

a statement to the effect that the licence may be renewed at the discretion of the ACMA so long as specified circumstances exist.

a statement to the effect that the licence may be renewed at the discretion of the ACMA; or

a statement to the effect that the licence may be renewed at the discretion of the ACMA so long as specified circumstances exist;

begin at a time when the licence is in force; and

end before the licence is due to expire.

a statement to the effect that the licence may be renewed at the discretion of the ACMA; or

a statement to the effect that the licence may be renewed at the discretion of the ACMA so long as specified circumstances exist;

both:

a marketing plan was applicable to the issue of the licence; and

the marketing plan was prepared before the commencement of this section; or

the licence was issued as the result of an offer under repealed section 56.

varying the renewal statement included in the licence; or

omitting the renewal statement included in the licence and substituting another renewal statement; or

varying the renewal application period statement included in the licence; or

omitting the public interest statement included in the licence; or

omitting the renewal decision-making period statement included in the licence; or

varying the renewal decision-making period statement included in the licence.

varying the circumstances specified in the renewal statement included in the licence; or

omitting the renewal statement included in the licence and substituting another renewal statement to the effect that the licence may be renewed at the discretion of the ACMA so long as specified circumstances exist.

be made in a manner approved, in writing, by the ACMA; and

be in a form approved, in writing, by the ACMA; and

be accompanied by such information (if any) as is specified in an instrument under subsection (6); and

be accompanied by such documents (if any) as are specified in an instrument under subsection (7).

the ACMA gives a person a notice that is expressed to be a licence renewal notice; and

the notice relates to one or more spectrum licences held by the person; and

in response to the notice, the person:

pays to the ACMA (on behalf of the Commonwealth) the amount specified in the notice as the amount due; and

does so on or before the day specified in the notice as the payment due date;

if the notice relates to a single spectrum licence—the person is taken to have made an application under subsection (1) for the licence to be renewed; and

if the notice relates to 2 or more spectrum licences—the person is taken to have made separate applications under subsection (1) for each of those licences to be renewed; and

subsection (4) does not apply to that application or those applications, as the case requires.

refuse to consider the application; or

refuse to take any action, or any further action, in relation to the application.

paying to the ACMA the spectrum access charge for issuing the new spectrum licence; or

reaching an agreement with the ACMA for payment of that spectrum access charge.

all matters that it considers relevant; and

without limiting paragraph (a), the effect on radiocommunications of the proposed operation of the radiocommunications devices that would be authorised under the new spectrum licence.

whether the applicant has an outstanding liability to pay an amount of:

apparatus licence tax; or

spectrum licence tax; or

spectrum access charge; or

interim tax;

whether the applicant has contravened a condition of the licence;

whether the following conditions are satisfied:

a person authorised by the applicant under section 68 in relation to the licence has contravened a condition of the licence;

the applicant was aware, or ought reasonably to have been aware, of the contravention;

the applicant failed to take reasonable steps to prevent the contravention;

whether the applicant held another licence that was cancelled during the previous 2 years (otherwise than under section 87, 128B, 153H or 307).

refuses to renew a spectrum licence; or

renews a spectrum licence but not on the same conditions;

the licensee may request a statement of reasons for the decision; and

a request must be made within 28 days of receipt of the notice.

the person specified in the licence as the licensee; and

subject to Division 4, any person authorised by that person under section 114;

specified radiocommunications transmitters; or

radiocommunications transmitters of a specified kind; or

if neither paragraph (c) nor (d) applies—radiocommunications transmitters of any kind.

the person specified in the licence as the licensee; and

subject to Division 4, any person authorised by that person under section 114;

specified radiocommunications receivers; or

radiocommunications receivers of a specified kind; or

if neither paragraph (c) nor (d) applies—radiocommunications receivers of any kind.

impose limits on the aggregate of the parts of the spectrum that:

under spectrum licences; and

under existing transmitter licences; and

as a result of the allocation or issue of transmitter licences;

any one person; or

a specified person; or

impose limits on the aggregate of the parts of the spectrum that:

under spectrum licences; and

under existing transmitter licences; and

as a result of the allocation or issue of transmitter licences;

a specified part of the spectrum;

a specified area;

a specified population reach.

an apparatus licence issued under section 101A or 102; or

a digital radio multiplex transmitter licence.

a statement to the effect that the licence cannot be renewed; or

a statement to the effect that the licence may be renewed at the discretion of the ACMA so long as specified circumstances exist.

a statement to the effect that the licence cannot be renewed;

a statement to the effect that the licence may be renewed at the discretion of the ACMA so long as specified circumstances exist.

begin at a time when the licence is in force; and

end not later than 60 days after the licence is due to expire.

a transmitter licence issued under section 101A or 102; or

a digital radio multiplex transmitter licence.

varying the renewal statement included in the licence; or

omitting the renewal statement included in the licence and substituting another renewal statement; or

omitting the renewal statement included in the licence; or

including a renewal statement in the licence; or

varying the renewal application period statement included in the licence; or

including a renewal application period statement in the licence; or

omitting the public interest statement included in the licence.

varying the renewal statement included in the licence; or

omitting the renewal statement included in the licence and substituting another renewal statement; or

omitting the renewal statement included in the licence; or

including a renewal statement in the licence; or

varying the renewal application period statement included in the licence; or

including a renewal application period statement in the licence; or

omitting the public interest statement included in the licence.

at one or more frequencies; and

within one or more areas;

at those frequencies; and

within those areas.

at one or more frequencies; and

within one or more areas;

at those frequencies; and

within those areas.

to a body or person covered by any of paragraphs 27(1)(b) to (be) for the purpose of investigations or operations conducted by the body or person; or

if it is satisfied that the special circumstances of the particular case justify the issuing of the licence.

states where information may be obtained about:

the apparatus licences that are included in a specified class and that will expire during a specified period; and

the parts of the spectrum to which the licences relate; and

invites applications from persons who wish to have issued to them apparatus licences relating to those parts of the spectrum.

may provide for eligibility requirements (if any) for prospective licensees; and

may provide for credits (if any) for prospective licensees; and

impose limits on the aggregate of the parts of the spectrum that:

under spectrum licences; and

under existing transmitter licences; and

as a result of the allocation or issue of transmitter licences;

any one person; or

a specified person; or

impose limits on the aggregate of the parts of the spectrum that:

under spectrum licences; and

under existing transmitter licences; and

as a result of the allocation or issue of transmitter licences;

a specified part of the spectrum;

a specified area;

a specified population reach.

beginning 6 months before the licence is due to expire; and

ending 60 days after the licence expires.

be made in a manner approved, in writing, by the ACMA; and

be in a form approved, in writing, by the ACMA; and

be accompanied by such information (if any) as is specified in an instrument under subsection (6); and

be accompanied by such documents (if any) as are specified in an instrument under subsection (7).

the ACMA gives a person a notice that is expressed to be a licence renewal notice; and

the notice relates to one or more apparatus licences held by the person; and

in response to the notice, the person:

pays to the ACMA (on behalf of the Commonwealth) the amount specified in the notice as the amount due; and

does so on or before the day specified in the notice as the payment due date;

if the notice relates to a single apparatus licence—the person is taken to have made an application under subsection (1) for the licence to be renewed; and

if the notice relates to 2 or more apparatus licences—the person is taken to have made separate applications under subsection (1) for each of those licences to be renewed; and

subsection (4) does not apply to that application or those applications, as the case requires.

refuse to consider the application; or

refuse to take any action, or any further action, in relation to the application.

whether the applicant has an outstanding liability to pay an amount of:

apparatus licence tax; or

spectrum licence tax; or

spectrum access charge; or

interim tax;

whether the applicant has contravened a condition of the licence;

whether the following conditions are satisfied:

a person authorised by the applicant under section 114 in relation to the licence has contravened a condition of the licence;

the applicant was aware, or ought reasonably to have been aware, of the contravention;

the applicant failed to take reasonable steps to prevent the contravention;

whether the applicant held another licence that was cancelled during the previous 2 years (otherwise than under section 87, 128B, 153H or 307).

at one or more frequencies; and

within one or more areas;

at those frequencies; and

within those areas;

at one or more frequencies; and

within one or more areas;

at those frequencies; and

within those areas;

issuing spectrum licences under Subdivision B of Division 1 of Part 3.2 (see section 153L); and

issuing apparatus licences under Division 2 of Part 3.3 (see section 153M).

begin at a time specified in the declaration; and

run for at least 12 months.

issuing spectrum licences under Subdivision B of Division 1 of Part 3.2 (see section 153L); and

issuing apparatus licences under Division 2 of Part 3.3 (see section 153M).

by issuing spectrum licences; or

by a combination of:

issuing spectrum licences; and

issuing apparatus licences.

by issuing apparatus licences; or

by a combination of:

issuing spectrum licences; and

issuing apparatus licences.

refusal to renew a spectrum licence, or renewal of a spectrum licence with different conditions, under section 77C;

variation of an apparatus licence under section 103C;

in the case of an application under within 90 days after receiving that further information; orsection 129 where the ACMA has, within those 90 days, given the applicant a notice under section 129A requiring the applicant to give the ACMA further information in connection with the application—

before the end of the renewal decision-making period specified in the statement; or

if the ACMA has, within that period, given the applicant a notice under section 77B requiring the applicant to give the ACMA further information in connection with the application—within that period, as extended by one day for each day in the period:

beginning when the notice was given; and

ending when that further information was received.

prepare a written statement explaining why it was unable to make its decision before the end of the period within which the ACMA was required, under subsection (3), to make the decision; and

give the statement to the applicant as soon as practicable after the end of that period.

within 6 months after receiving the application; or

if the ACMA has, within that 6 months, given the applicant a notice under within 6 months after receiving that further information.section 77B requiring the applicant to give the ACMA further information in connection with the application—

prepare a written statement explaining why it was unable to make its decision before the end of the relevant period of 6 months; and

give the statement to the applicant as soon as practicable after the end of the relevant period of 6 months.

this Act; or

a legislative instrument made under this Act; or

the Regulatory Powers Act, so far as that Act relates to this Act.

the plan was in force immediately before the commencement of this item; and

the plan was prepared under:

(i) subsection 39(1) of the Radiocommunications Act 1992; or

(ii) subsections 39(1) and 39A(2) of the Radiocommunications Act 1992.

(a) it had been prepared under subsection 39(1) of the Radiocommunications Act 1992 (as amended by this Schedule); and

(b) any requirement imposed by the Radiocommunications Act 1992 or the Legislation Act 2003 in relation to the preparation of the plan (including a requirement about the form of words) had been satisfied; and

(c) a reference in the plan to a particular notice under subsection 36(1) of the Radiocommunications Act 1992 were a reference to the notice as in force immediately before the commencement of this item.

the ACMA gave the licensee of an apparatus licence an offer to issue a spectrum licence to replace the apparatus licence; and

(b) the offer was given under Radiocommunications Act 1992; andsection 56 of the

(c) the spectrum licence was not issued under Subdivision A of Radiocommunications Act 1992 before the commencement of this item.Division 1 of Part 3.2 of the

any acceptance, or non-acceptance, of the offer by the licensee; and

the issue of the spectrum licence in response to any acceptance of the offer by the licensee; and

the allocation and issue of the spectrum licence as a consequence of any non-acceptance of the offer by the licensee;

in force immediately before the commencement of this item; and

given under that subsection.

the declaration was in force immediately before the commencement of this item; and

(b) the declaration was made under subsection 153B(1) of the Radiocommunications Act 1992.

(a) it had been made by the ACMA under subsection 153B(1) of the Radiocommunications Act 1992 (as amended by this Schedule); and

(b) any requirement imposed by the Radiocommunications Act 1992 or the Legislation Act 2003 in relation to the making of the declaration (including a requirement about the form of words) had been satisfied.

a radiocommunications transmitter; or

a radiocommunications receiver; or

anything designed or intended for radio emission; or

anything, irrespective of its use or function or the purpose of its design, that is capable of radio emission; or

anything that has a use or function that is capable of being interfered with by radio emission.

in relation to radiocommunications—interference to, or with, radiocommunications that is attributable, whether wholly or partly and whether directly or indirectly, to an emission of electromagnetic energy by equipment; or

in relation to the uses or functions of equipment—interference to, or with, those uses or functions that is attributable, whether wholly or partly and whether directly or indirectly, to an emission of electromagnetic energy by equipment.

a statement; and

a QR code, or a similar thing, if the relevant link is to information on a website.

(a) definition of non-standard device;

(b) definition of non-standard transmitter.

make available for supply; and

expose for supply; and

display for supply; and

advertise for supply.

when used in relation to:

a radiocommunications transmitter; or

a radiocommunications receiver; or

a radiocommunications device; or

a transmitter that is a radiocommunications transmitter; or

equipment that is a radiocommunications transmitter; or

equipment that is a radiocommunications receiver;

when used in relation to a transmitter that is not a radiocommunications transmitter—means operate (within the ordinary meaning of that expression); or

when used in relation to equipment that is neither a radiocommunications transmitter nor a radiocommunications receiver—means operate (within the ordinary meaning of that expression).

the label is affixed to the thing; or

the label is woven in, impressed on, worked into or annexed to the thing; or

the label is affixed to a container, covering, package, case, box or other thing in or with which the first-mentioned thing is, or is to be, supplied; or

the label is woven in, impressed on, worked into or annexed to a container, covering, package, case, box or other thing in or with which the first-mentioned thing is, or is to be, supplied; or

the label is affixed to, or incorporated in, an instruction or other document that accompanies the first-mentioned thing.

the operation of equipment; or

the supply of equipment; or

offers to supply equipment; or

the possession of equipment; or

the import of equipment.

this Act; or

the equipment rules.

the design of which is determined by the ACMA; and

the purpose of which is to indicate compliance by equipment with any standards that are prescribed by the equipment rules and that are applicable to the equipment.

ensuring the electromagnetic compatibility of equipment;

containing interference to radiocommunications;

containing interference to any uses or functions of equipment;

establishing for the uses or functions of equipment an adequate level of immunity from electromagnetic disturbances caused by the use of other equipment;

protecting the health or safety of individuals from any adverse effect likely to be attributable to radio emissions resulting from a reasonably foreseeable use (including a misuse) of radiocommunications transmitters;

ensuring that persons who operate equipment have access to information about the equipment;

ensuring that radiocommunications transmitters are not supplied to persons intending to operate those transmitters unless those persons are authorised by or under this Act to operate those transmitters;

ensuring that designated radiocommunications receivers are not supplied to persons intending to operate those receivers unless those persons are authorised by or under this Act to operate those receivers;

an objective specified in the legislative rules;

an objective that is incidental or ancillary to any of the above objectives.

paragraph 51(i);

paragraph 51(v);

paragraph 51(vi);

paragraph 51(vii);

paragraph 51(viii);

paragraph 51(xiii);

paragraph 51(xiv);

paragraph 51(xv);

paragraph 51(xx);

paragraph 51(xxix);

paragraph 51(xxxix);

section 52;

section 122.

to have particular design features; or

to meet particular performance requirements.

to ensure that quality assurance programs in relation to equipment are conducted; or

to ensure that tests in relation to equipment are conducted; or

to ensure that labels are applied to equipment; or

to ensure that records are kept or retained; or

to ensure that a thing specified in the legislative rules is done.

the operation of equipment; or

the supply of equipment; or

offers to supply equipment; or

the possession of equipment; or

the import of equipment.

satisfies the conditions specified in the equipment rules; and

is approved, in writing, by a person holding an accreditation of a specified kind.

supplying; or

offering to supply;

the supply of equipment to a person; or

an offer to supply equipment to a person;

is on the website; and

complies with specified requirements.

the person holds a permit issued by the ACMA under the equipment rules; and

the permit authorises the person to do that act or thing.

the issue of permits by the ACMA; and

the inclusion by the ACMA of conditions in a permit; and

the cancellation of permits by the ACMA.

including one or more further conditions; or

varying any conditions of the permit; or

revoking any conditions of the permit.

the person is subject to a prohibition imposed by the equipment rules; and

the prohibition does not consist of contravening a condition of a permit; and

the person engages in conduct; and

the person’s conduct contravenes the prohibition.

the person is subject to an obligation imposed by the equipment rules; and

the obligation is not an obligation to do an act or thing:

within a particular period; or

before a particular time; and

the obligation is not an obligation to keep or retain records; and

the obligation is not an obligation to comply with a condition of a permit; and

the person engages in conduct; and

the person’s conduct contravenes the obligation.

the person is subject to an obligation imposed by the equipment rules; and

the obligation is an obligation to do an act or thing:

within a particular period; or

before a particular time; and

the obligation is not an obligation to keep or retain records; and

the obligation is not an obligation to comply with a condition of a permit; and

the person engages in conduct; and

the person’s conduct contravenes the obligation.

a person is subject to a prohibition imposed by the equipment rules; and

the prohibition does not consist of contravening a condition of a permit;

a person is subject to an obligation imposed by the equipment rules; and

the obligation is not an obligation to do an act or thing:

within a particular period; or

before a particular time; and

the obligation is not an obligation to keep or retain records; and

the obligation is not an obligation to comply with a condition of a permit;

a person is subject to an obligation imposed by the equipment rules; and

the obligation is an obligation to do an act or thing:

within a particular period; or

before a particular time; and

the obligation is not an obligation to keep or retain records; and

the obligation is not an obligation to comply with a condition of a permit;

a person is subject to an obligation imposed by the equipment rules; and

the obligation is an obligation to keep or retain records;

use in relation to a business, trade, profession or occupation; or

apply (as a trade mark or otherwise) to goods imported, manufactured, produced, sold, offered for sale or let on hire; or

use in relation to:

goods or services; or

the promotion (by any means) of the supply or use of goods or services;

use in relation to a business, trade, profession or occupation; or

apply (as a trade mark or otherwise) to goods imported, manufactured, produced, sold, offered for sale or let on hire; or

use in relation to:

goods or services; or

the promotion (by any means) of the supply or use of goods or services;

use in relation to a business, trade, profession or occupation; or

apply (as a trade mark or otherwise) to goods imported, manufactured, produced, sold, offered for sale or let on hire; or

use in relation to:

goods or services; or

the promotion (by any means) of the supply or use of goods or services;

trade or commerce between Australia and places outside Australia; or

trade or commerce among the States; or

trade or commerce within a Territory, between a State and a Territory or between 2 Territories; or

the supply of goods or services to:

the Commonwealth; or

a Territory; or

an authority or instrumentality of the Commonwealth; or

an authority or instrumentality of a Territory; or

the defence of Australia; or

the operation of lighthouses, lightships, beacons or buoys; or

astronomical or meteorological observations; or

an activity of a constitutional corporation; or

banking, other than State banking; or

insurance, other than State insurance; or

weighing or measuring.

labelling equipment in accordance with the equipment rules; or

(b) labelling customer equipment (within the meaning of the Telecommunications Act 1997) or customer cabling (within the meaning of that Act), in accordance with section 407 of that Act.

the design of which is set out in a determination under subsection (2); and

a purpose of which, after the commencement of this section, is to indicate compliance by equipment with any standards that:

are prescribed by the equipment rules; and

are applicable to the equipment.

a label is applied to equipment; and

the label embodies a symbol referred to in subsection (1);

are prescribed by the equipment rules; and

are applicable to the equipment.

(a) the ACMA has reasonable grounds to believe that equipment of that kind is designed to have an adverse effect on radiocommunications; or

(b) the ACMA has reasonable grounds to believe that a reasonably foreseeable use (including a misuse) of equipment of that kind would be likely to substantially:

interfere with radiocommunications; or

disrupt or disturb radiocommunications in any other way; or

both:

equipment of that kind consists of radiocommunications transmitters; and

the ACMA has reasonable grounds to believe that radio emissions resulting from the operation of equipment of that kind would be likely to adversely affect the health or safety of individuals.

a statement to the effect that the ban has been imposed; and

the time when the ban came, or is to come, into force; and

the kind of equipment to which the ban relates; and

the reason or reasons for imposing the ban.

the ACMA must publish a notice under subsection (2) on the ACMA’s website;

the legislative rules may provide that the ACMA must also publish a notice under subsection (2) in accordance with the legislative rules.

comes into force on the day specified in the instrument imposing the ban; and

subject to this Act, remains in force for 60 days.

the ACMA may, by notifiable instrument, revoke the ban; and

the revocation takes effect on the day specified in the instrument.

an interim ban on equipment of a particular kind is in force; and

a permanent ban on equipment of that kind comes into force;

the other person intends to operate the equipment; and

an interim ban on equipment of that kind is in force.

the other person intends to operate the equipment; and

an interim ban on equipment of that kind is in force.

a person contravenes subsection (1), (2) or (3); and

another person suffers loss or damage because of a reasonably foreseeable use (including a misuse) of the equipment;

(a) a person (the claimant) suffers loss or damage because of conduct engaged in by another person; and

the conduct contravened subsection 170(1), (2) or (3);

that other person; or

any person involved in the contravention.

aided, abetted, counselled or procured the contravention; or

induced the contravention, whether through threats or promises or otherwise; or

been in any way (directly or indirectly) knowingly concerned in or a party to the contravention; or

conspired with others to effect the contravention.

the ACMA is satisfied that equipment of that kind is designed to have an adverse effect on radiocommunications; or

the ACMA is satisfied that a reasonably foreseeable use (including a misuse) of equipment of that kind would be likely to substantially:

interfere with radiocommunications; or

disrupt or disturb radiocommunications in any other way; or

both:

equipment of that kind consists of radiocommunications transmitters; and

the ACMA is satisfied that radio emissions resulting from the operation of equipment of that kind would be likely to adversely affect the health or safety of individuals.

a statement to the effect that the ban has been imposed; and

the time when the ban came, or is to come, into force; and

the kind of equipment to which the ban relates; and

the reason or reasons for imposing the ban.

the ACMA must publish a notice under subsection (3) on the ACMA’s website;

the legislative rules may provide that the ACMA must also publish a notice under subsection (3) in accordance with the legislative rules.

the ACMA may, by legislative instrument, revoke the ban; and

the revocation takes effect on the day specified in the instrument.

the person supplies equipment of a particular kind to another person who intends to operate the equipment; and

a permanent ban on equipment of that kind is in force.

the person offers to supply equipment of a particular kind to another person who intends to operate the equipment; and

a permanent ban on equipment of that kind is in force.

the person operates equipment of a particular kind; and

a permanent ban on equipment of that kind is in force.

the person has equipment of a particular kind in the person’s possession; and

the possession is for the purpose of:

operating the equipment; or

supplying the equipment to another person who intends to operate the equipment; and

a permanent ban on equipment of that kind is in force.

the other person intends to operate the equipment; and

a permanent ban on equipment of that kind is in force.

the other person intends to operate the equipment; and

a permanent ban on equipment of that kind is in force.

a permanent ban on equipment of that kind is in force; and

the possession is for the purpose of:

operating the equipment; or

supplying the equipment to another person who intends to operate the equipment.

a person contravenes subsection (1), (2), (3) or (4); and

another person suffers loss or damage because of a reasonably foreseeable use (including a misuse) of the equipment;

(a) a person (the claimant) suffers loss or damage because of conduct engaged in by another person; and

the conduct contravened subsection 176(1), (2), (3) or (4);

that other person; or

any person involved in the contravention.

aided, abetted, counselled or procured the contravention; or

induced the contravention, whether through threats or promises or otherwise; or

been in any way (directly or indirectly) knowingly concerned in or a party to the contravention; or

conspired with others to effect the contravention.

(a) at a particular time, a person (the first person) supplies, or offers to supply, equipment to another person; and

the equipment can be operated;

at a particular time, a person has equipment in the person’s possession, otherwise than for the purpose of supplying the equipment to another person; and

the equipment can be operated;

(a) at a particular time, a person (the first person) has equipment in the person’s possession for the purpose of supplying the equipment to another person; and

the equipment can be operated;

immediately; or

after taking one or more steps (for example, the connection of the equipment to a power supply).

a permanent ban on equipment of a particular kind is in force; and

an amnesty period has been declared under subsection (1) for the ban;

the owner of equipment of that kind may, during the amnesty period for the ban, agree with the ACMA (on behalf of the Commonwealth) to forfeit the equipment to the Commonwealth; and

if the owner does so—subsections 175(4) and 176(4), to the extent to which they relate to the ban, do not apply, and are taken never to have applied, to the possession of the equipment by:

the owner; or

any other person.

the ACMA may take possession of the equipment; and

if the ACMA does so—the ACMA must give the owner a receipt for the equipment taken into possession.

the ACMA has purported to take possession of equipment under subsection (1); and

the ACMA was not entitled to take possession of the equipment under that subsection;

the ACMA has taken possession of equipment under subsection 180(1); and

at least 90 days have passed since the ACMA gave the owner a receipt under paragraph 180(1)(b) for the equipment;

the owner of equipment agrees, in accordance with section 179, to forfeit the equipment to the Commonwealth; and

the ACMA has taken possession of the equipment under subsection 180(1); and

the ACMA has not, within the 120-day period beginning at the start of the day when the ACMA gave the owner a receipt under paragraph 180(1)(b) for the equipment, made a declaration under subsection (1) of this section that the equipment is forfeited to the Commonwealth;

may be sold, destroyed or otherwise disposed of in accordance with the directions of the ACMA; and

pending such directions, must be kept in such custody as the ACMA directs.

a person, in trade or commerce, supplies, or has supplied, equipment of that kind; and

the ACMA is satisfied that a reasonably foreseeable use (including a misuse) of such equipment will or may cause substantial disruption, substantial disturbance or substantial interference to radiocommunications; and

the ACMA is satisfied that one or more suppliers of such equipment have not taken satisfactory action to prevent that equipment causing substantial disruption, substantial disturbance or substantial interference to radiocommunications.

a person, in trade or commerce, supplies, or has supplied, equipment of that kind; and

the ACMA is satisfied that equipment of that kind is designed to have an adverse effect on radiocommunications.

equipment of that kind consists of radiocommunications transmitters; and

a person, in trade or commerce, supplies, or has supplied, equipment of that kind; and

the ACMA is satisfied that radio emissions resulting from the operation of equipment of that kind would be likely to adversely affect the health or safety of individuals.

a person, in trade or commerce, supplies, or has supplied, equipment of that kind; and

a permanent ban on such equipment is in force; and

the ACMA is satisfied that one or more suppliers of such equipment have not taken satisfactory action to recall such equipment so supplied by those suppliers.

a statement to the effect that the recall notice has been issued; and

the time when the recall notice commences, or is to commence; and

the kind of equipment to which the recall notice relates; and

the reason or reasons for issuing the recall notice.

the ACMA must publish a notice under subsection (5) on the ACMA’s website;

the legislative rules may provide that the ACMA must also publish a notice under subsection (5) in accordance with the legislative rules.

recall the equipment;

disclose to the public, or to a class of persons specified in the notice, the reasons for the issue of the recall notice;

inform the public, or a class of persons specified in the notice, that the supplier undertakes to do whichever of the following the supplier thinks is appropriate:

repair or modify the equipment;

replace the equipment;

refund to a person to whom the equipment was supplied (whether by the supplier or by another person), and who returns the equipment, the price paid for the equipment;

if an undertaking is given by a supplier in accordance with paragraph (c):

comply with the undertaking; and

comply with section 185 in relation to the undertaking;

disclose to the public, or to a class of persons specified in the notice, procedures as specified in the notice for disposing of the equipment.

the manner in which the action required to be taken by the notice must be taken; and

the period within which the action must be taken.

the supplier undertakes to refund the price paid for equipment; and

a period of more than 12 months has elapsed since a person (whether or not the person to whom the refund is to be made) acquired the equipment from the supplier;

the recall notice was issued under subsection 183(1); and

the supplier undertakes to repair or modify the equipment;

a reasonably foreseeable use or misuse of the equipment will not cause substantial disruption, substantial disturbance or substantial interference to radiocommunications; and

the equipment is not covered by an interim ban, or a permanent ban, that is in force.

the recall notice was issued under subsection 183(2); and

the supplier undertakes to repair or modify the equipment;

the equipment would not be likely to have an adverse effect on radiocommunications; and

the equipment is not covered by an interim ban, or a permanent ban, that is in force.

the recall notice was issued under subsection 183(3); and

the supplier undertakes to repair or modify the equipment;

radio emissions resulting from a reasonably foreseeable use (including a misuse) of the equipment would not be likely to adversely affect the health or safety of individuals; and

the equipment is not covered by an interim ban, or a permanent ban, that is in force.

the recall notice was issued under subsection 183(1); and

the supplier undertakes to replace the equipment;

a reasonably foreseeable use or misuse of the similar equipment will not cause substantial disruption, substantial disturbance or substantial interference to radiocommunications;

the similar equipment is not covered by an interim ban, or a permanent ban, that is in force.

the recall notice was issued under subsection 183(2); and

the supplier undertakes to replace the equipment;

the similar equipment would not be likely to have an adverse effect on radiocommunications;

the similar equipment is not covered by an interim ban, or a permanent ban, that is in force.

the recall notice was issued under subsection 183(3); and

the supplier undertakes to replace the equipment;

radio emissions resulting from a reasonably foreseeable use (including a misuse) of the similar equipment would not be likely to adversely affect the health or safety of individuals;

the similar equipment is not covered by an interim ban, or a permanent ban, that is in force.

to repair or modify the equipment; or

to replace the equipment;

a recall notice for equipment is in force; and

the notice requires the person to do one or more things; and

the person engages in conduct; and

the person’s conduct contravenes the notice.

a recall notice for equipment is in force; and

the notice requires a person to do one or more things;

a person contravenes subsection (2) in relation to equipment; and

another person suffers loss or damage:

because of a reasonably foreseeable use (including a misuse) of the equipment; or

because, contrary to the recall notice, the other person was not provided with particular information in relation to the equipment;

(a) a person (the claimant) suffers loss or damage because of conduct engaged in by another person; and

the conduct contravened subsection 186(2);

that other person; or

any person involved in the contravention.

aided, abetted, counselled or procured the contravention; or

induced the contravention, whether through threats or promises or otherwise; or

been in any way (directly or indirectly) knowingly concerned in or a party to the contravention; or

conspired with others to effect the contravention.

a reasonably foreseeable use (including a misuse) of such equipment will or may cause substantial disruption, substantial disturbance or substantial interference to radiocommunications; or

such equipment would be likely to have an adverse effect on radiocommunications; or

in a case where such equipment consists of radiocommunications transmitters—radio emissions resulting from a reasonably foreseeable use (including a misuse) of such equipment would be likely to adversely affect the health or safety of individuals; or

a permanent ban on such equipment is in force.

the ACMA must publish a copy of the notice on the ACMA’s website;

the legislative rules may provide that the ACMA must also publish a copy of the notice in accordance with the legislative rules.

state that the equipment is subject to recall; and

if a reasonably foreseeable use or misuse of the equipment will or may cause substantial disruption, substantial disturbance or substantial interference to radiocommunications—set out the circumstances of that use or misuse; and

if the equipment would be likely to have an adverse effect on radiocommunications—set out that adverse effect; and

if:

the equipment consists of radiocommunications transmitters; and

radio emissions resulting from a reasonably foreseeable use (including a misuse) of the equipment would be likely to adversely affect the health or safety of individuals;

the circumstances of that use (including misuse); and

the way in which the health or safety of individuals is likely to be adversely affected by that use (including misuse); and

if a permanent ban on the equipment is in force—state that fact.

refusal to issue a permit under the equipment rules;

a decision under the equipment rules about the conditions of a permit;

cancellation of a permit under the equipment rules;

a decision of the ACMA:

made under the equipment rules; and

declared by the equipment rules to be a decision to which this section applies;

a decision to impose an interim ban under section 167;

before the commencement of this section, the ACMA gave a notice under repealed subsection 182(1); and

the notice specified requirements to be met after a label has been applied to a device;

before the commencement of this section, the ACMA gave a notice under repealed subsection 182(1); and

the notice specified requirements to be met after a label has been applied to a device; and

a manufacturer or importer is a constitutional corporation;

before the commencement of this section, the ACMA gave a notice under repealed subsection 182(1); and

the notice specified requirements to be met after a label has been applied to a device; and

before the commencement of this section, a manufacturer or importer manufactured or imported a device for the purposes of supply:

in the course of, or in relation to, constitutional trade or commerce; or

to the Commonwealth; or

to a Territory; or

to an authority or instrumentality of the Commonwealth; or

to an authority or instrumentality of a Territory;

trade or commerce between Australia and places outside Australia; or

trade or commerce among the States; or

trade or commerce within a Territory, between a State and a Territory or between 2 Territories.

a notice was in force under repealed section 182 immediately before the commencement of this section; and

the notice specified requirements to be met after a label has been applied to a device;

if the inspector suspects a person on reasonable grounds of having recorded particulars relating to the supply of a radiocommunications device in a document under repealed section 301—require the person to produce that document; or

require a person who has been required to retain records by a notice under repealed subsection 182(1) for a specified period to produce such records at any time during that period.

a person supplied a radiocommunications device during the 2-year period ending at the commencement of this section; and

the person was required by repealed section 301 to cause particulars relating to the supply of the device to be recorded in a document;

a licence; or

a permit; or

a certificate.

the legislative rules; or

the equipment rules; or

the instrument was in force immediately before the commencement of this item; and

(b) the instrument was made under subsection 162(1) of the Radiocommunications Act 1992.

(a) it had been made as equipment rules under subsection 156(1) of the Radiocommunications Act 1992; and

(b) any requirement imposed by the Radiocommunications Act 1992 or the Legislation Act 2003 in relation to the making of the instrument (including a requirement about the form of words) had been satisfied; and

in a case where the instrument has a paragraph of an explanatory note that:

is about the expression “device”; and

includes the words “and subsection 9(1)”;

in a case where the instrument includes:

the words “For paragraph 162(1)(a) of the Act”; or

the words “for paragraph 162(1)(a) of the Act”; or

the words “for the purposes of paragraph 162(1)(a) of the Act”; or

the words “for the purpose of paragraph 162(1)(a) of the Act”;

in a case where the instrument includes:

the words “another standard made under section 162 of the Act”; or

the words “another standard under section 162 of the Act”;

(f) in a case where the instrument has one or more explanatory notes that relate to the definition of non-standard device—each of those notes were omitted from the instrument.

the instrument was in force immediately before the commencement of this item; and

(b) the instrument was given under subsection 182(1) of the Radiocommunications Act 1992; and

(c) the instrument was known as the Radiocommunications (Compliance Labelling—Devices) Notice 2014.

(a) it had been made as equipment rules under subsection 156(1) of the Radiocommunications Act 1992; and

(b) any requirement imposed by the Radiocommunications Act 1992 or the Legislation Act 2003 in relation to the making of the instrument (including a requirement about the form of words) had been satisfied; and

(c) the words “for in:Division 7 of Part 4.1 of the Act”

(i) the definition of agent in subsection 4(1) of the instrument; and

paragraph 8(2)(c) of the instrument;

(d) the note to the definition of applicable standard in subsection 4(1) of the instrument were omitted; and

(e) the reference to subsection 267(1) of the Radiocommunications Act 1992 in paragraph (a) of the definition of authorised officer in subsection 4(1) of the instrument were a reference to subsection 284(1) of that Act; and

(f) the reference to subsection 9(1) of the Radiocommunications Act 1992 in the note to subsection 4(1) of the instrument were a reference to section 5 of that Act; and

(g) the words “instruments made under section 182 of the Act” were omitted from the heading to section 7 of the instrument and the words “another set of equipment rules” were substituted; and

the words “another notice made under section 182 of the Act” were omitted from section 7 of the instrument and the words “another set of equipment rules” were substituted; and

the words “that notice” were omitted from section 7 of the instrument and the words “that set of equipment rules” were substituted; and

the words “other notice made under section 182 of the Act” were omitted from the note to section 7 of the instrument and the words “other set of equipment rules” were substituted; and

the note were omitted from subsection 11(1) of the instrument; and

(l) all the words after “requirement.” were omitted from note 1 to the definition of officer of the supplier in subsection 11A(4) of the instrument; and

the note were omitted from Part 1 of Schedule 1 to the instrument; and

the note were omitted from Part 2 of Schedule 1 to the instrument.

the instrument was in force immediately before the commencement of this item; and

(b) the instrument was given under subsection 182(1) of the Radiocommunications Act 1992; and

(c) the instrument was known as the Radiocommunications Labelling (Electromagnetic Compatibility) Notice 2017.

(a) it had been made as equipment rules under subsection 156(1) of the Radiocommunications Act 1992; and

(b) any requirement imposed by the Radiocommunications Act 1992 or the Legislation Act 2003 in relation to the making of the instrument (including a requirement about the form of words) had been satisfied; and

(c) the words “for in the definition of agent in subsection 1.5(1) of the instrument were omitted and the words “for the provisions of the equipment rules that relate to obligations to apply labels to devices” were substituted; andDivision 7 of Part 4.1 of the Act”

(d) the reference to subsection 267(1) of the Radiocommunications Act 1992 in paragraph (a) of the definition of authorised officer in subsection 1.5(1) of the instrument were a reference to subsection 284(1) of that Act; and

(e) the words “accredited by NATA under subsection 183(3) of the Act” were omitted from the definition of competent body in subsection 1.5(1) of the instrument and the words “determined under subitem 44(3) of Schedule 4 to the Radiocommunications Legislation Amendment (Reform and Modernisation) Act 2020” were substituted; and

the words “and subsection 9(1)” were omitted from note 1 to subsection 1.5(1) of the instrument; and

(g) the reference to Radiocommunications Act 1992 in note 1 to subsection 1.5(1) of the instrument were a reference to subsection 284(1) of that Act; andsection 267 of the

(h) the words “labelling notice made under the Act” were omitted from the heading to section 2.5 of the instrument and the words “set of equipment rules” were substituted; and

the words “another notice made under subsection 182(1) of the Act” were omitted from section 2.5 of the instrument and the words “another set of equipment rules” were substituted; and

the words “other notice made under subsection 182(1) of the Act” were omitted from the note to section 2.5 of the instrument and the words “other set of equipment rules” were substituted; and

the note to section 4.2 of the instrument were omitted; and

the words “Under section 187A of the Act, a supplier that fails to comply with a specific requirement that must be met after a label has been applied to a device may commit an offence.” were omitted from:

note 1 to section 4.2A of the instrument; and

the note to subsection 6.2(2) of the instrument; and

the words “knowingly or recklessly causing substantial” were omitted from the note at the start of Schedule 2 to the instrument and the words “engaging in conduct that will result, or is likely to result, in” were substituted; and

the words “The RCM is a protected symbol for section 188A of the Act.” were omitted from the note to Schedule 3 to the instrument.

the instrument was in force immediately before the commencement of this item; and

(b) the instrument was given under subsection 182(1) of the Radiocommunications Act 1992; and

(c) the instrument was known as the Radiocommunications (Compliance Labelling—Electromagnetic Radiation) Notice 2014.

(a) it had been made as equipment rules under subsection 156(1) of the Radiocommunications Act 1992; and

(b) any requirement imposed by the Radiocommunications Act 1992 or the Legislation Act 2003 in relation to the making of the instrument (including a requirement about the form of words) had been satisfied; and

(c) the words “for in the definition of agent in subsection 4(1) of the instrument were omitted and the words “for the provisions of the equipment rules that relate to obligations to apply labels to devices” were substituted; andDivision 7 of Part 4.1 of the Act”

(d) the reference to subsection 267(1) of the Radiocommunications Act 1992 in paragraph (a) of the definition of authorised officer in subsection 4(1) of the instrument were a reference to subsection 284(1) of that Act; and

(e) the words “a notice made by the ACMA under in paragraph (b) of the definition of supplier code number in subsection 4(1) of the instrument were omitted and the words “the equipment rules” were substituted; andsection 182 of the Act”

(f) the words “labelling notice made under the Radiocommunications Act 1992” were omitted from the heading to section 8A of the instrument and the words “set of equipment rules” were substituted; and

the words “another notice made under subsection 182(1) of the Act, as in force from time to time,” were omitted from section 8A of the instrument and the words “another set of equipment rules” were substituted; and

the words “other notice made under subsection 182(1) of the Act” were omitted from the note to section 8A of the instrument and the words “other set of equipment rules” were substituted; and

the note to subsection 10(1) of the instrument were omitted; and

the words “Under section 187A of the Act, a supplier that fails to comply with a specific requirement that must be met after a label has been applied to a device may be subject to a pecuniary penalty.” were omitted from note 1 to section 10A of the instrument; and

the note were omitted from Part 1 of Schedule 1 to the instrument; and

the note were omitted from Part 2 of Schedule 1 to the instrument.

the instrument was in force immediately before the commencement of this item; and

(b) the instrument was made under subsection 407(1) of the Telecommunications Act 1997; and

(c) the instrument was known as the Telecommunications (Labelling Notice for Customer Equipment and Customer Cabling) Instrument 2015.

(a) the words “a notice made by the ACMA under Radiocommunications Act 1992” in paragraph (b) of the definition of supplier code number in subsection 4(1) of the instrument were omitted and the words “the equipment rules (within the meaning of the Radiocommunications Act 1992)” were substituted; andsection 182 of the

(b) the words “a notice under Radiocommunications Act 1992” were omitted from note 2 to section 7 of the instrument and the words “a set of equipment rules (within the meaning of the Radiocommunications Act 1992)” were substituted; andsection 182 of the

the words “that notice” (whether occurring) were omitted from note 2 to section 7 of the instrument and the words “that set of equipment rules” were substituted.

the permit was in force immediately before the commencement of this item; and

(b) the permit was issued under subsection 167(2) of the Radiocommunications Act 1992.

(a) it had been issued by the ACMA under equipment rules made for the purposes of subsection 159(15) of the Radiocommunications Act 1992; and

any requirement imposed by the equipment rules in relation to the issue of the permit (including a requirement about the form of words) had been satisfied; and

any reference in the permit to a non-standard device were a reference to a device that:

if the device has not been altered or modified in a material respect after its manufacture or, if it has been imported, after its importation—does not comply with a standard that was applicable to it when it was manufactured or imported, as the case may be; or

if the device was so altered or modified—does not comply with a standard that was applicable to it when it was so altered or modified; and

any reference in the permit to non-standard devices were a reference to devices that:

if the devices have not been altered or modified in a material respect after their manufacture or, if they have been imported, after their importation—do not comply with a standard that was applicable to them when they were manufactured or imported, as the case may be; or

if the devices were so altered or modified—do not comply with a standard that was applicable to them when they were so altered or modified.

if that time occurred before the commencement of this item—the standard that:

(i) was made under Radiocommunications Act 1992 before the commencement of this item; andsection 162 of the

was applicable to the device at that time; or

if that time occurred at or after the commencement of this item—the standard that:

was prescribed by the equipment rules; and

was applicable to the device at that time.

if the permit specifies a day of expiration—until the end of that day; or

otherwise—indefinitely.

the provisions of the equipment rules relating to cancellation of permits; and

(b) Radiocommunications Act 1992.section 307 of the

the determination was in force immediately before the commencement of this item; and

(b) the determination was made under Radiocommunications Act 1992 and section 417 of the Telecommunications Act 1997; andsection 188A of the

(c) the determination was known as the Protected Symbols Determination 2013.

(a) it had been made under subsection 165(9) of the Radiocommunications Act 1992; and

(b) any requirement imposed by the Radiocommunications Act 1992 or the Legislation Act 2003 in relation to the making of the determination (including a requirement about the form of words) had been satisfied.

(a) it had been made under subsection 166(2) of the Radiocommunications Act 1992; and

(b) any requirement imposed by the Radiocommunications Act 1992 or the Legislation Act 2003 in relation to the making of the determination (including a requirement about the form of words) had been satisfied.

(a) the words “standard made under in the definition of applicable standard in section 4 of the determination were omitted and the words “standard prescribed by equipment rules made under the Radiocommunications Act” were substituted; andsection 162 of the Radiocommunications Act”

(b) the words “a notice made under in paragraph 5(2)(b) of the determination were omitted and the words “equipment rules made under the Radiocommunications Act” were substituted; andsection 182 of the Radiocommunications Act”

(c) a reference to subsection 188A(7) of the Radiocommunications Act 1992 in sections 5 and 8 of the determination were a reference to subsection 165(8) of that Act; and

(d) the reference to subparagraph 188A(8)(b)(i) of the Radiocommunications Act 1992 in subsection 6(1) of the determination were a reference to subsection 166(2) of that Act; and

(e) the reference to subparagraph 188A(8)(a)(i) of the Radiocommunications Act 1992 in subsection 6(2) of the determination were a reference to subsection 166(2) of that Act.

the instrument was in force immediately before the commencement of this item; and

(b) the instrument was made under subsection 190(1) of the Radiocommunications Act 1992; and

the instrument declares that operation or supply, or possession for the purpose of operation or supply, of a specified kind of device is prohibited (for this purpose, it is immaterial whether the word “kind”, or a similar word, is used in the instrument); and

(d) a device of that kind was covered by paragraph 190(2)(a) or (b) of the Radiocommunications Act 1992 as in force immediately before the commencement of this item; and

(e) a device of that kind is equipment (within the meaning of the Radiocommunications Act 1992).

(a) it had been made under subsection 172(1) of the Radiocommunications Act 1992; and

the instrument had imposed a permanent ban on equipment of that kind; and

the instrument had not made the declaration mentioned in paragraph (1)(c); and

(d) any requirement imposed by the Radiocommunications Act 1992 or the Legislation Act 2003 in relation to the making of the instrument (including a requirement about the form of words) had been satisfied.

a condition specified under paragraph 107(1)(g), 108A(1)(f), 109(1)(f), 109A(1)(k) or 109B(1)(t); or

a condition imposed under paragraph 111(1)(a).

such conditions relating to accreditations of that kind as are specified in the accreditation rules; and

such conditions (if any) as the ACMA specifies in the instrument of accreditation.

the accreditation is no longer in accordance with the accreditation rules, as in force at the time the notice is given (whether or not the accreditation rules have been amended since the accreditation was given); or

the person has contravened a condition of the accreditation.

the kinds of accreditation; and

in respect of each kind of accreditation—the qualifications and other requirements required before a person can be given that kind of accreditation.

a decision under paragraph 264(b) to specify a condition in an instrument of accreditation;

a decision of the ACMA:

made under the accreditation rules; and

declared by the accreditation rules to be a decision to which this section applies;

the determination was in force immediately before the commencement of this item; and

(b) the determination was made under paragraph 107(1)(f) of the Radiocommunications Act 1992.

(a) it had been made under subsection 110A(2) of the Radiocommunications Act 1992 (as amended by this Schedule); and

it were expressed not to apply to:

transmitter licences issued under section 101A or 102; or

digital radio multiplex transmitter licences; and

(c) any requirement imposed by the Radiocommunications Act 1992 (as amended by this Schedule) in relation to the making of the determination (including a requirement about the form of words) had been satisfied.

the determination was in force immediately before the commencement of this item; and

(b) the determination was made under paragraph 108A(1)(e) of the Radiocommunications Act 1992.

(a) it had been made under subsection 110A(2) of the Radiocommunications Act 1992 (as amended by this Schedule); and

(b) any requirement imposed by the Radiocommunications Act 1992 (as amended by this Schedule) in relation to the making of the determination (including a requirement about the form of words) had been satisfied.

the accreditation was in force immediately before the commencement of this item; and

(b) the accreditation was given under subsection 263(1) of the Radiocommunications Act 1992; and

(c) under the transitional accreditation rules, the accreditation is taken, for the purposes of this item, to correspond to an accreditation of a specified kind that could be given under subsection 263(1) of the Radiocommunications Act 1992 (as amended by this Schedule).

it were an accreditation of that kind; and

(b) it had been given under subsection 263(1) of the Radiocommunications Act 1992 (as amended by this Schedule); and

(c) any requirement imposed by the Radiocommunications Act 1992 (as amended by this Schedule) in relation to the giving of the accreditation (including a requirement about the form of words) had been satisfied.

the determination was in force immediately before the commencement of this item; and

(b) the determination was made under subsection 298A(1) of the Radiocommunications Act 1992.

(a) it had been made under subsection 298A(1) of the Radiocommunications Act 1992 (as amended by this Schedule); and

its operation was expressly confined to fees for performing a function after the commencement of this item; and

(c) any requirement imposed by the Radiocommunications Act 1992 or the Legislation Act 2003 in relation to the making of the determination (including a requirement about the form of words) had been satisfied.

payment of the amount stated in an infringement notice given under Part 5 of the Regulatory Powers Act, so far as it applies to the provision mentioned in subsection 270(1) of this Act that creates the offence.

a spectrum licence; or

an apparatus licence; or

a class licence.

if the radiocommunications device is a radiocommunications transmitter—300 penalty units; or

if the radiocommunications device is not a radiocommunications transmitter—20 penalty units.

a spectrum licence; or

an apparatus licence; or

a class licence.

if the radiocommunications device is a radiocommunications transmitter—300 penalty units; or

if the radiocommunications device is not a radiocommunications transmitter—20 penalty units.

is the holder of an apparatus licence; or

has been authorised under section 114 in relation to an apparatus licence;

substantial interference; or

substantial disruption; or

substantial disturbance;

within Australia; or

between a place in Australia and a place outside Australia.

an offence against Part 4.1 of this Act; or

a civil penalty provision of this Act; or

an offence against subsection 284J(8) of this Act.

the power to give directions to a holder of an apparatus licence or a spectrum licence in relation to managing interference with radiocommunications;

the power to enter premises to adjust transmitters in emergencies;

the power to direct a person to operate a transmitter;

the power to require a person to produce an apparatus licence, a spectrum licence, a third party authorisation, a certificate or a permit;

the power to require a person to produce a copy of a record of an authorisation;

the power to require a person to produce a record the retention of which is required by the equipment rules.

the commission of an offence against this Act; or

a contravention of a civil penalty provision of this Act.

a direction that the person implement effective administrative systems for monitoring compliance with a civil penalty provision of this Act;